LEGAL REQUIREMENTS IN

MANAGING THE WASTE

INDUSTRY
IPPC / EP permits requires that Managers, Engineers
and Supervisors follow existing and future legislation

Ing Joseph Agius

Compliance Manager
Legislation Regimes
• Cap.549 ERA
• Cap. 545 REWS
• Cap. 427 Product Safety Act (MCCAA)
• Cap. 465 Public Health Act and other legal
obligations included in EU Directives and
Regulations that were not transposed to Maltese
Laws.
• Cap. 424 OHSA
• Legal notices that refers to more than one legal
chapter (category).
• CAP 549 ERA SUBSIDIARY
LEGISLATIONS
SL 549.08 Combating of Air Pollution from
Industrial Plants Regulations
3. (1) The competent authority shall ensure that the operation of plants belonging
to the categories listed in Annex I requires prior authorization by the said
competent authority. This includes combating air pollution from waste disposal
plants.
There shall be limits on
1. Sulphur dioxide and other sulphur compounds
2. Oxides of nitrogen and other nitrogen compounds
3. Carbon monoxide
4. Organic compounds, in particular hydrocarbons (except methane)
5. Heavy metals and their compounds
6. Dust; asbestos (suspended particulates and fibres), glass and mineral
fibres
7. Chlorine and its compounds
8. Fluorine and its compounds
SL 549.09 Sludge (use in Agriculture)
1 2 3 Every sludge producer shall ensure
Element Grams per hactare Limit of detection that sludge produced by him and
  per year (mg/kg of dry matter) supplied for the purpose of use in
ZINC 6000 2000
agriculture is tested in accordance with
COPPER 2400 800
NICKEL 600 200 Schedule I.
CADMIUM 15 5 Industrial sludge means sludge from
LEAD 1500 500 the treatment of industrial waste
MERCURY 15 5 water of the sectors listed in Annex II;
CHROMIU Mesophilic anaerobic digestion at a
M 2400 800
temperature of 35°C with a mean
(mg/kg of dry matter) retention period of 15 days;
Element
Limit Storage in liquid form at ambient
According to pH of soil
  5.0 < 6.0 6.0 - 7.0 > 7.0 temperature as a batch, without
CADMIUM 0.5 1 1.5 admixture or withdrawal during the
CHROMIUM 30 60 100
COPPER 20 50 100 storage period as regulated by the
MERCURY 0.1 0.5 1 Authority;
NICKEL 15 50 70
LEAD 70 70 100 The sludge treatment shall at least
ZINC 60 150 200 achieve a 2 Log10 reduction in
Escherichia Coli.
SL 549.10 Pollution caused by certain dangerous
substances discharged Into the aquatic
environment Regulations
• 3.(1): The competent authority shall take the necessary measures to eliminate
pollution of the waters referred to in regulation 2(2) by the dangerous
substances in the families and groups of substances in List I of the Annex.
• 5.(1) The competent authority shall apply a system of zero-emission
• to discharges into ground water of substances within List I.
• The list includes cadmium and mercury.
• 6(2): The competent authority may, in each licence it grants, where necessary,
impose more stringent emission standards than those resulting from the
application of the limit values laid down pursuant to regulation 7, taking into
account in particular the toxicity, persistence, and bioaccumulation of the
substance concerned in the environment into which it is discharged.
SL 549.29 Waste Management (Landfill)
Regulations
Regulation (6): The following wastes shall not be accepted in a landfill:
- liquid waste;
- waste which, in the conditions of landfill, is explosive, corrosive, oxidising, highly
flammable or flammable as defined in Schedule 2 of the Waste Management (Permit and
Control) Regulations;
- hospital and other clinical waste arising from medical or veterinary establishments,
which are infectious as defined by property H9 of Schedule 2 of the Waste Management
(Permit and Control) Regulations;
- from 15 July 2003, whole used tyres, excluding tyres used as engineering material;
- from 15 July 2006, shredded used tyres;
- any other type of waste which does not fulfil the acceptance criteria determined in
accordance with Schedule 2;
- any other type of waste which the Competent Authority declares as not acceptable in a
landfill.
Terms of Reference for the Preparation
of Environmental Noise Impact Study
5.1.1 The noise monitoring report shall include details of the standards used for
monitoring, equipment used including calibration details and calibration
certificates, resultant monitoring data, assessment methods and significance
scale.
The study is to be commissioned according to the latest revisions of ISO1996
and the rating of operational noise affecting residential areas shall be according
to BS4142:2014.
1. The monitoring shall be performed exclusively using a calibrated and
accredited type 1 sound level meter, conforming to BS6698/IEC 61672 Class 1.
The use of type 2 sound level meters or less is not considered acceptable and
will not be considered.
2. 5.1 Baseline Noise Monitoring Study – To be agreed between operators, for
industrial permit proposals and ERA, on all relevant noise generating sources
and noise sensitive receptors (NSRs).
cont….
• Noise Impact Study: The noise monitoring survey and report shall be
reviewed by a person who is in possession of a:
• (a) Bachelors degree in Acoustics, or
• (b) Bachelors degree and Safety and a specialisation Masters degree in
Acoustics, (c) Have any recognised certification in Acoustics and be at
least an associate member of the Institute of Acoustics
Industrial or Commercial Noise
Table 2: Classification of Magnitude on Noise Impact Criteria from Different Noise Sources

>10 Major
≤10 but ≥5 Moderate
Rating Level –
Background Noise <3 but ≥0 Negligible
level
Target Levels (LAr)-(LA90) < 5dB <5
but ≥3 Minor
  0 No Change
SL 549.47 European Pollutant Release and
Transfer Register Reporting Obligations
Regulations
• AER reporting
• 1(3): reporting of releases and offsite transfers by industry
to the competent authority and clause (2) by end March.
• 2(3) An operator can apply for an extension up to three
months to the period allowed for reporting pursuant to
subregulation (1) with the competent authority, provided
appropriate justification is presented. The competent
authority may grant an extension where it considers that
this would be justified.
SL 549.53 Protection of Groundwater
against Pollution and Deterioration
Regulations
• "baseline level” means the average value measured at least during the
reference years 2007 and 2008
• EWA; Schedule 4, Part A(1) in accordance with Section 2.4 of the Fifth
Schedule of the Water Policy Framework Regulations, the monitoring
programme will be so designed as to detect significant and sustained
upward trends in concentrations of the pollutants identified pursuant to
regulation 4;
• Part B(1) the starting point for implementing measures to reverse
significant and sustained upward trends will be when the concentration
of the pollutant reaches 75% of the parametric values of the roundwater
quality standards set out in the First Schedule and of the threshold
values established pursuant to regulation 4.
SL 549.59 Ambient Air Quality Regulations

• 27.(1) Combustion plants in operation prior to the coming into

force of these regulations shall register with the competent
authority, within six months from the date of publication of
these regulations in the Gazette. Combustion Plants in
operation thereafter, shall register not later than six months
after the commencement of operations.
• 28. The chimney height shall in no case be less than 3
meters above roof level and 3 m above any habitable floor
within a 25 m radius ( app. when used over 50 hours annually
or 500 hours when fuel conforms to EN590 standard).
SL 549.76 Industrial Emissions (Framework) Regulations
• 11. Operators shall keep all raw data and reports related to these
regulations for at least three years, and make these available to the
competent authority on request.
• 10(1) The operator shall take the necessary measures to ensure that
the permit conditions are complied with.
• 10(2) In the event of a breach of the permit conditions:
(a) the operator shall immediately inform the competent authority;
(b) the operator shall immediately take the measures necessary to
ensure that compliance is restored within the shortest possible time.
• Details for the determination of the total concentration of dioxins and
furans are available.
SL 549.77 Industrial Emissions (Integrated
Pollution Prevention and Control)
Regulations
• 4. By way of derogation from sub-regulation (3), and without prejudice to regulation 11, the competent authority
may, in specific cases, set less strict emission limit values. Such a derogation may apply only where an assessment
shows that the achievement of emission levels associated with the best available techniques as described in BAT
conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
• (a) the geographical location or the local environmental conditions of the installation concerned; or
• (b) the technical characteristics of the installation concerned.
• 6. Pending the adoption of a relevant decision on BAT conclusions referred to in Article 13(5) of Directive
2010/75/EU of the European Parliament and of the Council on industrial emissions, the conclusions on best
available techniques from BAT reference documents adopted by the European Commission prior to 6 January 2011
shall apply as BAT conclusions for the purposes of these regulations except for sub-regulations (3) and (4).
• 15.(1) Permits shall be valid for such a time as the competent authority may specify, provided that where the
operator has submitted all the information necessary for the purpose of reconsidering permit conditions within the
timeframe specified by the competent authority pursuant to sub-regulation (3), the validity of the permit shall be
extended until such a time as the competent authority decides on the reconsideration of the permit conditions.
• Schedule 1: 5.5. Temporary storage of hazardous waste not covered under point 5.4 pending any of the activities
listed in points 5.1, 5.2, 5.4 and 5.6 with a total capacity exceeding 50 tonnes, excluding temporary storage, pending
collection, on the site where the waste is generated.
SL 549.81 Industrial Emissions(Waste
Incineration) Regulations(installed after 28/12/04)
• 7(6): Under no circumstances plant will continue to incinerate waste for a period of more than four hours uninterrupted
where emission limit values are exceeded & the cumulative duration of operation in such conditions over one year shall not
exceed sixty hours.
• 11. (1) Waste incineration plants shall be operated in such a way as to achieve a level of incineration such that the total
organic carbon content of slag and bottom ashes is less than 3% or their loss on ignition is less than 5% of the dry weight
of the material.
• 11 (2) (a) Waste incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting
from the incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion
and even under the most unfavourable conditions, to a temperature of at least 850°C for at least two seconds.
• (c) If hazardous waste with a content of more than 1% of halogenated organic substances, expressed as chlorine, is
incinerated or co-incinerated, the temperature required to comply with the first and second subparagraphs shall be at least
1 100°C.
• (d) In waste incineration plants, the temperatures set out in paragraphs (a) and (c) shall be measured near the inner wall of
the combustion chamber. The competent authority may authorise the measurements at another representative point of the
combustion chamber.
• (3) (a) Each combustion chamber of a waste incineration plant shall be equipped with at least one auxiliary burner. This
burner shall be switched on automatically when the temperature of the combustion gases after the last injection of
combustion air falls below the temperatures set out in subregulation (2). It shall also be used during plant start-up and
shut-down operations in order to ensure that those temperatures are maintained at all times during these operations and
as long as unburned waste is in the combustion chamber.
 SL 549.122 Limitation of Emissions of Certain Pollutants
into the air from Medium Combustion Plants Regulations
• 2 (2) These regulations lay down rules to control emissions of sulphur dioxide
(SO2), nitrogen oxides (NOx) and dust into the air from medium combustion
plants, and thereby reduce emissions to air and the potential risks to human
health and the environment from such emissions.
• 2 (3) These regulations also lay down rules to monitor emissions of carbon
monoxide (CO).
• Article 4: These regulations shall apply to combustion plants with a rated
thermal input equal to or greater than 1 MW and less than 50 MW, irrespective
of the type of fuel they use.
• 12. (1) Existing medium combustion plants which do not operate more than
500 operating hours per year, as a rolling average over a period of five years
may be exempted by the competent authority from compliance with the
emission limit values set out in Tables 1, 2 and 3 of Part 1 of the Second
Schedule.
SL 549.122 cont….
• 12 (4b) (b) Until 1 January 2030, the competent authority may exempt
medium combustion plants firing solid biomass as the main fuel, which are
situated in zones where, according to assessments under the Ambient Air
Quality Regulations, conformity with the limit values of those regulations is
ensured, from compliance with the emission limit values for dust set out in
the Second Schedule. In the event of such exemption, the emission limit
values set by the competent authority shall not exceed 150 mg/Nm3 for
dust.
• 13 (4) For medium combustion plants using secondary abatement
equipment in order to meet the emission limit values, the operator shall
keep a record of, or information proving, the effective continuous operation
of that equipment.
• 19 (3) The competent authority shall not process any application for a permit
unless the fees due to the Authority have been paid. This shall also apply to
any fees relative to a previous permit in respect of an installation or any
technically connected installation.
• Fourth Schedule: Derogation
• Fifth Schedules: Fees
SL 549.122 cont….
Second Schedule, Part 1: Emission limit values (mg/Nm3) for existing medium
combustion plants with a rated thermal input equal to or greater than 1MW and
less than or equal to 5 MW, other than engines and gas turbine .
Liquid fuels Gaseous fuels
Other solid
Pollutant Solid biomass Gas oil other than gas Natural gas other than
fuels
oil natural gas
SO2 200 1100 - 350 - 200
NOx 650 650 200 650 250 250
Dust 50 30 - 50 - -

All emission limit values [P]s set out in this schedule are defined at a temperature of
273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content
of the waste gases and at a standardised O2 content of 6% for medium combustion
plants using solid fuels, 3% for medium combustion plants, other than engines and
gas turbines, using liquid and gaseous fuels and 15% for engines and gas turbines.
CAP 545 Regulator for Energy and
Water Services
SL 545.08 Sewage Discharge Control
Regulations
• 10(1) Every person who discharges any effluent into the public sewerage system shall give
to the Chief Executive all reasonable facilities and all such information as may be
reasonably required by him for the purpose of ascertaining whether the provisions of these
regulations are being complied with.
• 5(c): No discharge when the effluent interferes with treatment and recovery of liquid and
solid waste. Such material includes excessive amounts of the following:
– substances which create a high oxygen demand, including biodegradable organic
compounds, total Kjeldahl nitrogen;
– non-biodegradable organic matter (COD / BOD> 4: hardly biodegradable);
– surfactants, salts, biocides;
– nitrification inhibitors;
– heavy metals;
– boron and other substances which render the material recovered from waste unfit for
re-use;
SL 545.08 cont….
• SCHEDULE C: To confirm Guideline Maximum Discharge
Concentration Values, Examples
• 1. pH between 6 and 10
• 2. Temperature: 40°C
• 4. Suspended solids: 500 mg/L
• 5. Total Kjeldahl Nitrogen: 100 mg/L as N
• 10. Free Chlorine: 100 mg/L as Cl mg/l
• 11. Chloride: 1000 mg/L as CI
• -Discharges having higher levels of chlorides may be authorised,
subject to the submission by the owner of the trade premises of an
implementation plan to be agreed by the Water Services Corporation.
SL 545.22 Petroleum for the Inland (Retail)
Fuel Market Regulations
• Second Schedule – Notification to operate
The applicable fee for a notification for operating a secondary storage facility of
petroleum with a capacity not exceeding 3,000 litres is €50. The applicable fee
for applying for an authorisation for operating a secondary storage facility of
petroleum with a capacity exceeding 3,000 litres is €50. Authorisation is
required to operate a petroleum filling station
• Third Schedule – Authorisation to operate
Authorisation to operate a secondary storage facility of petroleum
The applicable authorisation fee for operating a secondary storage facility of
petroleum with a capacity exceeding 3,000 litres is €50 per annum. The
applicable fee for the carrying out of the activity of a fuel distributor is €500 per
annum and €50 per fuel distributor vehicle.
SL 545.22 cont…
• 6(4) Validity period
• Authorisations unless revoked shall be valid for a period of years equal to:
• (b) four years in the case of an authorisation to operate a secondary storage facility of
petroleum; and
• (c) six years in the case of an authorisation to carry out the activity of a fuel
distributor.
• 16 Compliance Certificate
• (2) Authorised persons authorised to operate a secondary storage facility of
petroleum shall every two years or as may be otherwise required by the Regulator,
submit a compliance certificate duly signed by a competent person, together with the
authorisation fee payable under regulation 11 of these regulations. Such a
compliance certificate shall be in such form and manner as the Regulator may
prescribe.
• (3) No application for the issue of an authorisation and no renewal of an authorisation
shall be accepted or processed by the Regulator, as the case may be, unless
accompanied by the relevant compliance certificate mentioned in sub-regulation (1)
or subregulation (2).
SL 545.29 Sale of Electricity Generated
from Cogeneration Units Regulations
• 4. (1) In the case of any cogeneration unit commissioned and connected to
the distribution system in terms of regulation 3, the installation operator
may:
• (a) either sell all the electricity generated by the cogeneration unit to the
distribution system operator and be paid by the distribution system operator
the proxy for the market price established under the Second Schedule; or
• (b) generate electricity primarily for own consumption and be paid by the
distribution system operator the proxy for the market price established under
the Second Schedule for any excess electricity generated and exported to
the distribution system.
SL 545.29 cont…
• 6. (1) The eligibility for the payment for any electricity generated by
the co-generation unit and sold to the distribution system operator is
subject to:
• (a) the cogeneration unit obtaining all the necessary authorisations,
licences or permits from the relevant competent authorities and the
distribution system operator;
• (b) the cogeneration unit is equipped with metering equipment that
measures all the electricity generated by the cogeneration unit in
addition to the import/export metering equipment;
• (c) the installation operator’s compliance at all times with the
obligations established in these regulations, the Network Code and all
other applicable legislation.
SL 545.24 Electrical Installations
Regulations
• 2 Unless otherwise specified in these regulations, electrical installations
shall comply to the latest edition of the Requirements for Electrical
Installations issued by the Institution of Electrical Engineers (UK) - BS 7671
latest edition and with generally accepted principles of good design and safe
practices.
• 5. (1) The installation, alteration, extension and certification of single phase
and three phase electrical installations shall require an authorisation. There
shall be two classes of authorisations for electrical installation works:
CAP 427 Product Safety Act
S.L. 427.01 Simple Pressure Vessels Order

• To certify equipment as per manufacturer's

schedule of following the expiry of the
warranty period, normally every ten years.
SL 427.14 Dangerous Substances
Regulations
• (2) Every package shall show clearly and indelibly the following:
• (a) the name of the substance. If the substance is not yet listed in
Part 3 of Annex VI to Regulation (EC) No. 1272/2008, the name
shall be given using an internationally recognized designation;
• (b) the name and full address including the telephone number of
the manufacturer, the importer or the distributor;
• (c) danger symbols, when laid down, and indication of the danger
involved in the use of the substance. The design of the danger
symbols and the wording of the indications of danger shall comply
with those laid down in Annex II of the Directive. The symbol shall
be printed in black on an orange-yellow background.
SL 549.55 Certain Fluorinated Greenhouse
Gases Regulations
• Regulation 4: All personnel involved shall be registered with the
competent authority under such conditions as may be determined by the
authority.
• Regulation 7 (1): Existing fixed equipment with more than three kilograms
of fluorinated greenhouse gases shall be registered with the competent
authority under such conditions as may be determined by the authority
within one year from the date of publication of these regulations.
(3) Any person owning fixed equipment with more than three kilograms of
fluorinated greenhouse gases shall:
(a) have this equipment checked for leakages as stipulated by the EC
Regulation; and
(b) keep a log of all checks in a duly filled out logbook.
EU517/2014 Regulation on fluorinated
greenhouse gases
4(1)Operators of equipment that contains fluorinated greenhouse gases in quantities of 5
tonnes of CO 2 equivalent or more and not contained in foams shall ensure that the
equipment is checked for leaks.
4(3) The leak checks pursuant to paragraph 1 shall be carried out with the following
frequency:
(a) for equipment that contains fluorinated greenhouse gases in quantities of 5 tonnes of
CO 2 equivalent or more, but of less than 50 tonnes of CO 2 equivalent: at least every 12
months; or where a leakage detection system is installed, at least every 24 months;
(b) for equipment that contains fluorinated greenhouse gases in quantities of 50 tonnes of
CO 2 equivalent or more, but of less than 500 tonnes of CO 2 equivalent: at least every
six months or, where a leakage detection system is installed, at least every 12 months;
(c) for equipment that contains fluorinated greenhouse gases in quantities of 500 tonnes
of CO 2 equivalent or more: at least every three months or, where a leakage detection
system is installed, at least every six months.EN L 150/202 Official Journal of the
European Union 20.5.2014
Regulation EU517/2014 cont…
• 5(2):2. Operators of the equipment listed in points (f) and (g) of
Article 4(2) and containing fluorinated greenhouse gases in
quantities of 500 tonnes of CO 2 equivalent or more and
installed from 1 January 2017, shall ensure that this equipment
is provided with a leakage detection system which alerts the
operator or a service company of any leakage.
• 6: Record keeping
• 6(1). Operators of equipment which is required to be checked
for leaks pursuant to Article 4(1), shall establish and maintain
records for each piece of such equipment specifying the
following information
Cap. 424 OHSA
 Cap. 424 OHSA
• 8.1. Every steam boiler and all its fittings and attachments shall be thoroughly
examined, at least once in every period of twelve months as well as after any
extensive repairs have been effected thereto, by a competent person.
• 8.2. (a) Any examination required under paragraph 8.1 shall be carried out after a
two days’ notice has been given to the employer and shall consist, in the first place,
of an examination of the boiler when it is cold and the interior and exterior have been
prepared in such manner as may be directed by the competent person, and secondly,
except in the case of an economiser or superheater, of an examination while it is
under normal steam pressure, but the two parts of the examination may be carried
out by different examiners.
• (b) The examination of boilers under steam pressure shall be made on the first
occasion when steam is raised after the examination of the boiler when cold, or as
soon as possible thereafter, and the person carrying out such examination shall
see that the safety valve is so adjusted as to prevent the boiler being worked at a
pressure greater than the maximum permissible working pressure.
• 8.3. Where the report of any examination carried out in accordance with these
regulations specifies conditions for securing the safe working of a steam boiler, such
boiler shall not be used except in accordance with those conditions.
Cap. 465 Public Health Act
SL 465.03 Control of Legionella Regulations
• 5. The cooling tower or evaporative condenser shall be located at least five met res away from air
circulating and
• ventilating inlets, open windows and occupied areas, pedestrian thorough fares, traffic areas,
areas of public access, exhaust discharge from kitchens, air handling systems or other areas
where nutrients conveyed from these systems could assist in the growth of legionella.
• 9. (c) the water of the cooling tower system or evaporative condenser is continuously treated
with:
• (i) one or more biocides to effectively control thegrowth of micro-organisms, including Legionella;
and
• (ii) chemicals or other agents to minimise scale formation, corrosion and fouling;
• Disinfection, cleaning and redisinfection
• 9 (d) a chlorine-compatible bio-dispersant is added to the recirculating water of the cooling tower
system or evaporative condenser, and that the system is then disinfected, cleaned and re-
disinfected:
• (i) immediately prior to initial start up following commissioning, or any shut down period of greater
than one month; and
• (ii) at intervals not exceeding six months;
SL 465.04 Registration of Cooling Towers
and Evaporative Condensers Regulations
5. The cooling tower or evaporative condenser shall be located at least five
metres away from air circulating and ventilating inlets, open windows and
occupied areas, pedestrian thorough fares, traffic areas, areas of public access,
exhaust discharge from kitchens, air handling systems or other areas where
nutrients conveyed from these systems could assist in the growth of legionella.
9. (c) the water of the cooling tower system or evaporative condenser is
continuously treated with:
(i) one or more biocides to effectively control thegrowth of micro-organisms,
including Legionella; and
(ii) chemicals or other agents to minimise scale formation, corrosion and
fouling;
Disinfection, cleaning and redisinfection
SL 465.04 cont….
• 9 (d) a chlorine-compatible bio-dispersant is added to the
recirculating water of the cooling tower system or evaporative
condenser, and that the system is then disinfected, cleaned and re-
disinfected:
(i) immediately prior to initial start up following commissioning, or
any shut down period of greater than one month; and
(ii) at intervals not exceeding six months;
• All evaporative condenser units must be registered with the
Superintendent of Public Health.
Regulation (EC) No 1069/2009 Regulation (EC) No 1069/2009
laying down health rules as regards animal by-products and
derived products not intended for human consumption
• 22: Operators consigning, transporting or receiving animal by-
products or derived products shall keep a record of consignments
and related commercial documents or health certificates.
57:In order to prevent potentially detrimental effects for the
environment, the export of animal by-products and derived
products destined for disposal by incineration and by landfill should
be prohibited. The export of animal by-products and derived
products should also be prevented where the objective is to use
them in a biogas or composting plant to third countries which are
not members of the Organisation for Economic Cooperation and
Development (OECD), in order to prevent potentially adverse
environmental impacts and risks to public and animal health.
Conclusions
• Legal register document is found in
\\Nas-fibrecat\root\Users\Legislation\Envir
onmental Legislation Register
• All mentioned legislations are updated
when legal notices are issued.
• Various legislations are directly transposed
from various EU directives and
regulations.
 Thank You.
Any questions?