Upload
shauna-cummings
View
221
Download
0
Tags:
Embed Size (px)
Citation preview
LECTURE 4A – DETECTING HAZARDOUS WASTE
TRAINING WORKSHOPON ENVIRONMENTALLY REGULATED SUBSTANCES
OVERVIEW
Legal frameworks
Enforcement Considerations
Document review
Container inspection
What to look for
2
WHAT IS HAZARDOUS WASTE?
Under the Basel Convention, hazardous wastes are: Wastes with specific toxic components:
Cadmium, lead, arsenic Wastes resulting from activities known to be toxic
medical care, pharmaceutical industries, photographic industries
Household Waste Unusable electronics
Transboundary movements of any wastes must follow Basel procedure for Notification, Consent and the accompanying Movement Document as well as any relevant national legislation.
3
WHAT IS ILLEGAL TRAFFIC?
ANY transboundary movement of wastes:
Without notification to all States concerned; Without consent of a State concerned; With consent obtained from States concerned
through falsification, misrepresentation, or fraud;
That does not conform in a material way with documents;
That results in deliberate disposal (e.g. dumping) of wastes
Basel Convention Parties are required to consider illegal traffic as a crime and to take
action
4
BASEL CONVENTION REGULATORY SYSTEM
Establishment of notification procedure to ensure prior informed consent of State of import and States of transit before export of waste can take place
Requirement that all practicable steps are taken to ensure environmentally sound management of waste
Restriction on exports to any country not Party to the Convention; and
Duty of exporting state to re-import where export has not complied with provisions of Convention. 5
NOTIFICATION PROCEDUREEXPORT -> IMPORT & TRANSIT
Competent Authority of Export transmits a Notification Document to Competent Authority of Country of Import and Competent Authorities of all Countries of Transit.
Provides detailed, accurate and complete information on waste itself on proposed disposal operation other details relating to proposed shipment.
6
CONSENTIMPORT & TRANSIT -> EXPORT
Competent Authority of Import must provide its written consent or denial to notifier.
CA must confirm existence of a legally binding contract between exporter and disposer Contract must specify environmentally sound
management of waste
Competent Authority of Transit countries must provide written consent or denial to notifier. Countries of Transit may waive requirement of prior
written consent for transit shipments if it informs all Parties through Basel Secretariat
7
MOVEMENT DOCUMENT Competent Authority of
Export issues Movement Document
Movement Document must accompany consignment at all times.
8
WHAT TO LOOK FOR AT EXPORT Is there a movement document?
Is there an export authorization by Competent Authority?
Did the export occur within the consent period?
Do containers correspond to Movement Document?
Number of containers
Type of container
Contents of container if possible to observe
Is packaging intact/appropriate? 9
WHAT TO LOOK FOR AT TRANSIT
Is there proof of your CA’s consent? Do you agree with observations of exporting
country Customs? Are contents, quality, and packaging the same
as on departure from country of export?
Has there been a change of port within the country for the transit?
Has there been a change of carrier? Is this adequately reflected in the Movement Document?
Have any containers been added to shipment? Are quantities less than what entered originally?
10
WHAT TO LOOK FOR AT IMPORT
Is there proof of your Competent Authority’s consent?
Did the import occur within the consent period?
Do you agree with observations of exporting country Customs?
Are contents, quality, and packaging the same as on departure from country of export?
Know who to contact if containersare suspected to contain illegal waste
11
THOROUGHLY PREPARE FOR EACH INSPECTION
1. Identify the object of the inspection2. Identify necessary tasks and skills for conducting the inspection3. Organize a team with appropriate skill sets and legal authority4. Prepare any internal and/or external communications5. Ensure necessary materials are available (reference materials, sampling tools, contact information)6.Make adequate provisions for personal safety 12
RISK PROFILING TO SELECT SHIPMENTS FOR INSPECTION
Examples of information that can be used for risk profiling:
Description of the goods Value of the goods (in relation to weight) Country of destination Previous illegal activity of the operator Harmonized Commodity Description and Coding
System (“HS codes”) and other Customs/waste codes
Delivery conditions
13
CONDUCTING AN ADMINISTRATIVE INSPECTION: GOOD PRACTICES
After shipment has been selected for investigation, review the shipment’s paperwork, which may include: Customs Documents Transport Documents Movement Documents Certified copy of Consent Document Notification Form Safety Data Sheets / Certificates Contracts and invoices
Make copies from relevant documents (e.g., invoices, contract, packing list) 14
OBSERVED EXAMPLES OF FALSE LABELING
15
HS Code Declared as Contained
3915 Plastic scrap Waste plastic mixed with other waste, medical waste, household waste, e-waste, CRT monitors
7204 Metal scrap Waste batteries, cables, contaminated scrap, electronic waste, CRT monitors
2420 Personal goods E-waste
8701, 8703 Second-hand vehicle CFC containing fridges, e-waste
8708 Engine spare parts Contaminated/not cleaned engine parts
8528 CRT monitors Waste/broken monitors
Mislabeling waste is most common illegal practice reported to INECE
COMMONLY OBSERVED MODUS OPERANDI Documentation
Basel Convention Notification Procedure not complied with Deliberate and accidental mislabeling
New goods, second hand goods Non-hazardous materials Generic / Non-specific labeling of waste
Falsifying test certificates indicating the state of the good Packaging
Mixing legal and illegal goods Shipment with 100 broken TVs hidden among 200 working TVs
discovered in Germany bound for Ghana Concealment
Hiding broken electronics within secondhand vehicles Hiding waste towards rear or center of container 16
CONDUCTING A PHYSICAL INSPECTION: GOOD PRACTICES
A physical inspection or X-ray may be necessary to verify the actual load and the composition of the waste.
Ensure officials have the legal authority to open the container.
Take safety precautions when opening container
Take photographs or videos of the contents of the container, with a timestamp if feasible.
17
CAREFULLY INSPECT CONTAINERS Containers must be appropriate to
hazardous materials they contain: Corrosive materials should be in plastic
containers/drums Solvent materials should be in metal
containers/drums Verify that containers/drums have no leaks or visible
spills Verify that container/drum is not bulging Verify that container/drum is not dented or mishandled
Products must be kept in good condition in order to be acceptable to a lawful consignee.
Inspect recently painted drums to determine whether paint covers old labels or markings 18
EXAMPLES
19
Household waste declared as paper
waste
Metal scrap
Container of computer monitors
GLOBAL WASTE FLOWS & HOTSPOTS
20