Environment Act 1995
The Criteria and Procedures for the Acceptance of Waste at Landfills (Mercury) (Scotland) Direction 2013
The Scottish Ministers give the following Direction to the Scottish Environment Protection Agency in exercise of the powers conferred by section 40(2)(a) of the Environment Act 1995([a]).
In accordance with section 40(6) of that Act, they have consulted SEPA.
Citation and commencement
1. This Direction may be cited as the Criteria and Procedures for the Acceptance of Waste at Landfills (Mercury) (Scotland) Direction 2013 and comes into force on 1st August 2013.
2. In this Direction—
“the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste([b]), as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC([c]); and
“the 2003 Regulations” means the Landfill (Scotland) Regulations 2003([d]).
Conditions to be included in landfill permits
3. SEPA must incorporate such further conditions in all landfill permits under regulation 10(3) of the 2003 Regulations for a landfill authorised to store metallic mercury([e]) temporarily for more than one year so as to reflect the requirements of Section 6 of Annex II to the Landfill Directive, as set out in the Schedule to this Direction.
W. George Burgess
A member of the staff of the Scottish Ministers
30th July 2013
Criteria and procedures for the acceptance of waste at landfills: specific requirements for metallic mercury
1. The temporary storage of metallic mercury for more than one year must comply with the requirements in paragraphs 2 to 11 below.
Composition of the mercury
2. Metallic mercury must have a mercury content greater than 99.9% by weight and contain no impurities capable of corroding carbon or stainless steel (such as nitric acid solution, chloride salts solutions).
3. Containers used for the storage of metallic mercury must be corrosion and shock resistant. Welds must be avoided. The containers must comply in particular with the following specifications—
container material: carbon steel (ASTM A36([f]) minimum) or stainless steel (AISI 304, 316L([g]));
containers must be gas and liquid tight;
the outer side of the container must be resistant against the storage conditions; and
the design type of the container must successfully pass the drop test and the leakproofness tests as described in Chapters 184.108.40.206 and 220.127.116.11 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria([h]).
4. The maximum filling ratio of the container must be 80% by volume to ensure that sufficient ullage is available and neither leakage nor permanent distortion of the container can occur as a result of an expansion of the liquid due to high temperature.
5. Only containers with an acceptance certificate complying with the requirements set out in paragraph 10 may be accepted.
6. Only metallic mercury which fulfils the minimum acceptance criteria set out in paragraph 2 above may be accepted.
7. Containers must be visually inspected before storage. Damaged, leaking or corroded containers must not be accepted.
8. Containers must bear a durable stamp (made by punching) mentioning the identification number of the container, the construction material, its empty weight, the reference of the manufacturer and the date of construction.
9. Containers must bear a plate permanently fixed to the container mentioning the identification number of the certificate.
10. The acceptance certificate referred to in paragraph 5 must include the following elements—
the name and address of the waste producer;
the name and address of the person responsible for the filling;
the place and date of filling;
the quantity of the mercury;
the purity of the mercury and, if relevant, a description of the impurities, including the analytical report;
confirmation that the containers have been used exclusively for the transport or storage of mercury;
the identification numbers of the containers; and
any specific comments.
11. Acceptance certificates must be issued by the producer of the waste or, in default, by the person responsible for its management.
([a]) 1999 c. 25. The functions of the Secretary of State in or as regards Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
([b]) OJ L 182, 16.7.1999, p. 1, as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1), Regulation (EC) No 1137/2008 (OJ L 311, 21.11.2008, p. 1) and Council Directive 2011/97/EU (OJ L 328, 10.12.2011, p. 49).
([c]) OJ L 11, 16.1.2003, p. 27.
([d]) S.S.I. 2003/235, as amended by paragraph 8 of schedule 2 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) and by S.I. 2011/2043 and S.S.I. 2003/343, 2009/247, 2010/60, 2011/226, 2012/148 and 360 and 2013/222.
([e]) Mercury (Hg), Chemical Abstract Services reference CAS RN 7439-97-6.
([f]) ASTM A36 Standard Specification for Carbon Structural Steel, available at http://www.astm.org/Standards/A36.htm.
([g]) AISI standards are available at http://www.sae.org/standards.
([h]) Available at http://www.unece.org/trans/publications/dg_tests2011.html.
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