Decree No. 175 / 2011 Coll.
Decree amending Decree No. 450 / 2005 Coll., on the formalities for dealing with defective substances and the formalities for emergency plans, the manner and extent of notification of accidents, their disposal and the removal of their harmful consequences
Valid
Effective from 15.07.2011
175
DECLARATION
of 20 June 2011
amending Decree No 450 / 2005 Coll., on the formalities for the handling of defective substances and the formalities for the emergency plan, the manner and extent of notification of accidents, their disposal and the removal of their harmful consequences
The Ministry of the Environment provides pursuant to Sections 39 (8) and 41 (7) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 150 / 2010 Coll.:
Decree No. 450 / 2005 Coll., on the formalities for the handling of defective substances and the formalities for the emergency plan, the manner and extent of the notification of accidents, their disposal and the removal of their harmful consequences, is amended as follows:
1. In Article 1, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) requirements for a competent person and for bath tubs."
2. in Article 2 (a), the word "landfill" shall be inserted after the words "storage,"
3. in Article 2 (b) and (c):
"(b) the treatment of defective substances to a greater extent - the treatment of defective substances in liquid form in equipment with a total quantity of defective substances contained in it above and including 1 000 l or in portable, for that purpose, packaging with a total quantity of defective substances contained therein above and including 2 000 l, at any time. The treatment of fixed defective substances to a greater extent is not the case if they are handled at any time in total quantities up to and including 2000 kg. Furthermore, the treatment of harmful substances to a greater extent is not the case if the treatment of
1. with hydrocarbons of petroleum origin as propellants when operating individual road, rail, water and air transport vehicles and mobile machinery including military equipment and material; or
2. with fertilisers and plant protection products when directly applied,
(c) the treatment of harmful substances which are associated with an increased risk to surface or groundwater - the treatment of a dangerous defective substance or a particularly dangerous defective substance, in the protection zones of water sources I and II, in the protection zones of natural medicinal and natural mineral water sources, in flood areas, in or near water streams or water tanks or in the immediate vicinity of sewerage and chachet1) brought into the sewerage for public use or into the surface water. The treatment of harmful substances which are associated with an increased risk to surface or groundwater is not the case when handled in those areas
1. with particularly dangerous substances in liquid form in equipment with the total maximum quantity at any point in time contained in it of particularly dangerous substances in liquid state up to and including 10 l or in solid state up to and including 15 kg or in portable form, for which they are intended, packaging with the total maximum quantity in them of particularly dangerous defective substances up to and including 15 l,
2. with dangerous hazardous substances in liquid form in equipment with the total maximum quantity at any point in time contained in it in liquid state up to and including 250 l or in solid state up to and including 300 kg or in portable form, for this purpose, packaging with the total maximum quantity of hazardous substances in them, up to and including 300 l,
3. with hydrocarbons of petroleum origin as propellants when operating individual road, rail, water and air transport vehicles and mobile machinery including military equipment and material; or
4. fertilisers and plant protection products with their direct application, "
4. In Article 2 (f), the words "; i is replaced by the words" a '; and at the end of the text in point (f), the words, which, including footnote 16, are added, "agricultural parcels with places intended to deposit solid manure or organic fertiliser (16) are added to the agricultural land before their application.
16) Article 3a (5) of Decree No. 274 / 1998 Coll., on the storage and use of fertilisers, as amended by Decree No. 353 / 2009 Coll. '.
5. In Article 2, at the end of point (i), the dot is replaced by a comma and the following points (j) to (m) are added:
"(j) by a competent person - a natural person who is competent under § 6a to carry out leakage tests on pipes or tanks intended for the storage and transport of dangerous and particularly dangerous defective substances;
(k) control system - system allowing for continuous monitoring of any leakage of defective substances;
(l) by an emergency tank - a tank, a container or a tank intended to contain defective substances escaped or released from, or seduced by, the tanks, containers, packaging, or, where appropriate, a technological device with a capacity of at least the largest tank capacity in it;
(m) the above-ground tank - a tank for which control of all external walls and bottom is permitted, and a tank with a surface covered by removable thermal insulation. ';
6. Paragraph 3 (2) to (4), including footnotes 17 and 18, reads:
"(2) The fault leak control system shall perform at least one of the following functions:
(a) continuous technical inspection of the leakage of the equipment containing the defective substance;
(b) detection of the presence of a defective substance in the vicinity of the installation, including the rock environment of surface and groundwater;
(c) continuous measurement of the level of the defective substance with an indication against overfill and leakage;
(d) sensory inspection of the device's leakage; or
(e) sensory check of the condition and impact of the defective substances stored outside the installation under special legislation (17) on the surrounding environment.
(3) The control system for above-ground devices for which it is possible to perform sensory inspection of the entire outer shell may be based on sensory observation by the user or by a trained and authorised person.
(4) Users of defective substances shall carry out the checks in accordance with paragraphs 2 and 3 and keep records of their results. The control is based on visual inspection of warehouses and landfills, assessment of their technical condition, inspection of outputs from technical control systems and check of the functionality of systems for continuous measurement of level height and for protection against overfill. The inspection log is submitted on request to the competent water authority and to the Czech Environmental Inspection Office, or to the inspection authorities according to the specific legislation18), including technical drawing documentation of the equipment checked.
17) Act No. 156 / 1998 Coll., on fertilizers, soil aids, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended. Act No. 326 / 2004 Coll., on Phytosanitary Care, as amended.
18) For example, Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended. "
7. The following Section 3a is inserted after Section 3, including footnotes 19 and 20:
(1) Specially competent person in the framework of leakage testing pursuant to Article 39 (4) (d) of the Water Act:
(a) be familiar in a demonstrable manner with the piping, storage tanks or means of transporting defective substances;
(b) if the leak test is not carried out according to EN 473, it shall draw up a prescription for the leakage test, which shall contain the particulars listed in Annex 1 to this Regulation; this regulation will be registered by the user and submitted on request to the competent water authority or the Czech Environmental Inspection Office,
(c) assess the current technical state of the pipes, storage tanks or means of transport of defective substances;
(d) assess the outputs of the control system in accordance with Article 3 (2).
(2) The competent person, in carrying out the leakage tests referred to in Article 39 (4) (d) of the Water Act, shall carry out a leak test on the tank, pipe or means of transport concerned:
(a) in accordance with the relevant technical standard (19) or special legislation20); or
(b) in an alternative way, where the test cannot be carried out in accordance with point 1:
1. by checking the outputs from the control system set up to detect the leakage of defective substances from the test tank or pipe due to leakage;
2. by identifying and evaluating the current state of groundwater, soil or soil around the tank or pipe,
3. control by measuring the drop in the level of the stored substance in the tank; or
4. sensory check of the condition of the test tank or pipe.
19) For example ČSN 75 3415 - Objects for the storage and handling of petroleum substances, ČSN 75 0905 - Tests of watertight water and sewage tanks.
20) For example, Decree No. 64 / 1987 Coll., on the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR), as amended by MZV No.159 / 1997 Coll., Communication MZV No. 186 / 1998 Coll., Communication MZV No. 54 / 1999 Coll., Communication MZV No. 93 / 2000 Coll.s., Communication MZV No. 6 / 2002 Coll.s., Communication MZV No. 65 / 2003 Coll.s., Communication MZV No. 77 / 2004 Coll.s. and Communication MZV No. 33 / 2005 Coll.s., and Decree MZV No. 274 / 1996 Coll., Communication MZV No. 29 / 1998 Coll.
8. In Article 5, the following paragraph 2 is inserted after paragraph 1, including footnote 21:
"(2) The provisions concerning the indication of data on the owner or owners of the operating territory shall not apply to an emergency plan intended for a comprehensive operational area containing sites intended to store solid manure or organic fertilisers on agricultural land before their use. Seats intended for fertiliser storage shall be schematically drawn into the map documentation of land use records carried out under the special legislation (21) if the user of the defective substances is included in that register.
21) Article 3a of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 291 / 2009 Coll. '.
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
9. in Article 5 (3) (b) and (c):
"(b) the list of defective substances handled by the user, the identification data and the safety data sheet or the hazardous waste identification sheet; in the absence of a safety data sheet or hazardous waste identification sheet, the properties of those substances, as set out in Annex 2, and the average and maximum quantities of the defective substances to be handled,
(c) a list of the installations in which the defective substances are handled, including a clear schematic representation of the individual installations, their technical parameters and description of the sewerage; the documentation shall include a description of the route of waste water discharge from its generation in the installation to the discharge of waste water into the surface water and, where appropriate, to the sewerage for public use, and a description of the route of precipitation effluent by separate rainwater sewerage to its discharge; ';
(10) In Article 5 (3), comma shall be deleted at the end of the text in point (d) and the words "; in the case of the storage of solid manure or organic fertilisers on agricultural land or the emergency application of manure or organic fertilisers in the event of an emergency situation in housing or storage premises, information on the sites intended to be stored or used by the abovementioned fertilisers, obtained from land use records carried out under the special legislation21, shall be used if the user of the defective substances is included in that register;"
11. in Article 5 (4), the words "and the records of the results of checks" shall be deleted;
12. In Paragraph 6 (6), the second sentence shall be replaced by the sentence "The updated emergency plan or its modified parts or new additions shall be sent to the water authority or administrative authority responsible for issuing the integrated authorisation under the Integrated Prevention Act."
13. in Paragraph 6 (8) (g), the words "counter-emergency" are replaced by the words "means for the destruction of an accident."
14. The following Section 6a is inserted after Section 6:
Professional person
(1) In order to carry out, organise, manage and evaluate leakage tests, the competent person must have an education from the field corresponding to the test. Technical training is necessary in order to carry out the leakage tests referred to in points (a) and (b) of Article 3a (2) and a competent person must hold a valid certificate of the relevant degree or other certificate in accordance with the relevant technical standard, if this standard is issued.
(2) In the absence of an adequate certification system for carrying out the leakage test, the competent person shall fulfil the following conditions:
(a) medical fitness attaching to regular medical preventive examinations, including eye examination according to the work carried out and the nature of the working environment, at least once every three years;
(b) education and practice to the extent that:
1. higher education in technical sciences and technology, focusing on water structures, hydrogeology or hydrochemistry and at least one year of experience in the field;
2. secondary education with a degree in construction and at least three years of experience in the field; or
3. secondary education with a certificate and at least six years of experience in engineering and engineering or construction;
(c) knowledge of the legislation and technical standards governing the operation, maintenance and testing of the equipment concerned according to the type of construction and the stored defective substance.
(3) In order to carry out the leak tests in the alternative manner referred to in Article 3a (2) (b) (1) and (2), the competent person in the field of hydrogeology or hydrochemistry shall have the competence to hold a certificate to evaluate the results of geological work in the field of rehabilitation hydrogeology; for tests of tightness in the alternative manner referred to in Sections 3a (2) (b) (3) and (4), the competent person shall have an education in technical sciences and technology with a focus on hydrogeology or hydrochemistry.
(4) The competent person shall demonstrate the competence to carry out leakage tests by certified photocopies of all authorisations and certificates and medical certificates referred to in paragraph 2 (a), together with the declaration of honour referred to in Annex 3, to the Ministry of the Environment, no later than two months before the first leak test. The medical certificate shall also be sent to the Ministry of the Environment within one month of the periodic medical examination carried out in accordance with paragraph 2 (a).
(5) The competent person who, for medical or other reasons, loses his authorisation, certification or ceases to carry out this activity shall notify the Ministry of the Environment of this fact within one month at the latest. '
15. in Article 10 (3) (b), the words "and biodegradability" shall be inserted after the words "on ecotoxicity."
16. in Paragraph 10 (4), the words "These and similar procedures" shall be replaced by the words "The procedures referred to in paragraph 3."
17. The Annex shall be replaced by Annexes 1 to 3, including footnotes 15 and 22:
"Annex No 1 to Decree No 450 / 2005 Coll.
Content of the written prescription for leakage test
Content of the written test regulation according to § 3a (2) (a):
1. The test method used
2. Scope
3. Standards and regulations applied
4. Criteria for admissibility
5. Requirements for qualification of staff
6. Security of OSH
7. Test range
8. Test parameters
9. Material requirements
10. Environmental requirements
11. Test equipment
12. Input diagram
13. Test procedure
14. Test evaluation
15. Processing of test output
16. Transmission of the Protocol
17. Method of archiving
Content of the written test regulation according to § 3a (2) (b)
1. Justification for the use of a replacement leak test
2. Scope
3. Procedures, standards and regulations applied
4. Criteria for admissibility
5. Requirements for qualification of staff
6. Security of OSH
7. Test range
8. Test parameters
9. Test procedure
10. Test evaluation
11. Processing of test output
12. Transmission of the Protocol
13. Method of archiving
Příloha č. 2
Annex No 2 to Decree No 450 / 2005 Coll.
Identifying information and properties of particularly dangerous defective substances for the purpose of keeping records pursuant to § 39 (6) of the Water Act and identification data and properties of defective substances listed in the list of defective substances in the emergency plan [§ 5 (2) (b)] in the absence of a safety data sheet or hazardous waste identification sheet
Identification data and characteristics relevant to the protection of surface and groundwater and to the management of the defective substance as a potential contaminant of the environment:
1. the trade name of the product or the general designation of the substance (if the substance is not a product),
2. chemical composition and, where appropriate, chemical characterisation;
3. essential characteristics of the defective substance:
3.1. State,
3.2. Specific weight
3.3. Melting Point
3.4. Solubility or leaching in water,
4. the essential characteristics and values of the defective substance or aqueous solution or leaching:
4.1. pH - acidity, alkalinity,
4.2. Biochemical degradability of BSK 5,
4.3. Other severe reactions with water,
5. toxicological properties, if known,
5.1. Toxicity to warm-blooded animals,
5.2. Toxicity to fish,
5.3. Ecotoxicity,
6. risk phrases and safe loading phrases according to special legislation (15), 22)
7. Additional data,
8. Source of the data.
In the event that a defective substance arises from an agricultural activity, the requirements for knowledge of their properties shall apply mutatis mutandis.
15) Sections 20 (5) (e) and (f) and 20 (7) of Act No. 356 / 2003 Coll., Sections 6 and 7 of Decree No. 232 / 2004 Coll.
22) Regulation No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006.
Příloha č. 3
Annex No. 3 to Decree No 450 / 2005 Coll.
Forms of declaration of honour for the performance of leakage tests referred to in Article 3a (2) (a):
Forms of declaration of honour for the performance of leakage tests referred to in Article 3a (2) (b):
"
Efficacy
This Decree takes effect on 15 July 2011.
Minister:
Mgr. Chalupa v. r.
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Regulation Information
| Citation | Decree No. 175 / 2011 Coll., amending Decree No. 450 / 2005 Coll., on the details of the management of the defective substances and the particulars of the emergency plan, the manner and extent of notification of accidents, their disposal and the removal of their harmful consequences |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2011 |
|---|---|
| Effective from | 15.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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