REGULATION No 3 OF 1 APRIL 2004 ON WASTE CLASSIFICATION
Issued by the Ministry of Environment and Water and the Ministry of Health
Prom. SG. br.44 25 May 2004.
Chapter One.
GENERAL PROVISIOS
Art. 1. This regulation lays down the conditions and procedures for classification of waste by type and properties.
Art. 2. The purpose of the regulation is a classification of waste, providing fortheir environment friendly management under the Law on Waste Management (WMA) and the regulations for its implementation.
Art. 3. (1) This Regulation shall apply to substances, objects or parts of objects under the definition of waste as defined in § 1, item 1 of the WMA Supplementary Provisions.
(2) This Regulation shall not apply to waste under Art. 2, Para. 2 of LWM.
Art. 4. (1) The waste holder shall make a classification of the waste generated as a result of his activities, taking all necessary actions under this Regulation.
(2) The waste holder makes a new waste classification upon every change of raw materials and/ or processes that leads to a change in the waste composition and properties.
Chapter Two.
TERMS AND CONDITIONS FOR WASTE CLASSIFICATION
SectionI.
Procedure For Waste Classification
Art. 5. (1) The waste classification is made by means of choosing a six-digit code from the list of wastes in Annex 1, subject to the following sequence:
- The groups:from 01 to 12, and from 17 to 20 are inspected, however this inspection does not include waste with codes ending in "99";
- In the absence of a suitable waste code from the group listin item 1 above, the 13, 14 and 15 groups are inspected;
- In case none of the codes listed in the groups in items 1 and 2 cannot be applied for the given waste type, then group 16 is inspected;
- If an appropriate code for the waste type cannot be found even in group 16, then the code ending in "99" is used – it stands for - "waste not otherwise specified" from the group determined by waste origin - in item 1.
(2) Should there exist mirrored codes, the waste is classified with the code marked with an asterisk (*) unless it is proved that the waste does not have hazardous properties.
Art. 6. (1) are classified as hazardous waste if:
- It ismarked with an asterisk (*) in the waste list from Annex 1;
- Defined as such under the Basel Convention on Transboundary Movements of Hazardous Wastes and their Disposal, ratified by a Law on ratifying the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (State Gazette. Issue 8 of 1996).
(2) the waste is classified as dangerous when one or more of the following conditions are met:
1. It has one or more of the properties of H 1 to H 14, listed in Annex № 2, in terms of properties of H 3 and H 8, H 10 and H 11 have one or more of the characteristics listed in Annex 3;
2. is listed in Annex 4A and possess one or more of the properties listed in Annex 2;
3. is listed in Annex 4B and contain one or more of the components listed in Annex 5, and the concentration of hazardous substances in them:
a) such that the waste exhibits any of the properties listed in Annex 2;
b) is greater than or equal to those listed in Annex 3 borderline values for the properties of H 4 to H 8, H 10 and H 11, and for H 3 - less than or equal;
4. is suspected of having one or more of the properties listed in Annex 2.
Art. 7. (1) The holder of waste must submit by 30 September of the current year, at the Regional Inspectorate of Environment and Water (RIEW) covering the territory where the waste is produced, the following documents for each type of waste:
- completed worksheet for the classification of waste from Annex 6, two copies, with the specific six-digit waste code;
- description of the process, resulting in the waste formation, source and origin of the waste, the composition and properties of the used raw materials;
- safety data sheets on the chemicals and substances used as raw materials during the technological processes, resulting in the waste formation, under Annex 16 of the RegulationOn The Terms And Procedures For Classification, Packaging And Labeling Of Existing And New Chemicals, Substances And Products (SG. issue 5 of 2003);
- Composition and properties of the waste from periodicals and books, from the commercial network, from other sources of specialized information;
- Opinion of the IHEon the waste classification from subset 18 01.
(2) In cases under Art. 4, Para. 2, the waste owner is required to submit documents in the order and within the time line fromPara. 1.
Art. 8. (1) The Director of the Regional Inspectorate performs a compliance check for the code and the type of the waste, and the nature of the production, resulting in the waste formation, within 30 days from the date of the submission of the documentation under Art. 7.
(2) One f the copies of the worksheet is returned to the holder and the second copy is stored in the RIEW.
(3) If there are inconsistencies between the selected code and the type of waste, or the nature of the production within the time line from para1, theRegional Inspectorate Director returns the worksheet to the waste owner, accompanied by a reasoned opinion, so the owner would determine a new waste code.
(4) In the cases under Para. 3 waste owner shall submit the new worksheet in accordance with Art. 7, Para. 1 within 14 days of the receipt of the opinion.
Section II.
Procedure for classification of waste in the presence of mirror codes
Art. 9. (1) For cases under Art. 5, Para. 2, the waste owner may classify the waste only with the code without an asterisk (*) and prove that the waste does not have hazardous properties based on the following:
- documents under Art. 7 or;
- testing the waste according to Art. 10;
(2) In cases under Para. 1, item 1 the waste owner may classify the waste with the code only without the asterisk(*), following the procedure and the timelines underArt. 7 and 8.
(3) Should information contained in the documents under Art. 7, Para. 1 is not sufficient for the classifying thewaste with a code only without the asterisk (*), the waste holder shall:
1. classify the waste with the code marked with an asterisk (*) or,
2. prove that the waste does not possess hazardous properties under Art. 10.
(4) In cases under Para. 3, item 2 retains the waste code marked with an asterisk (*) the classification is completed, according to Art. 10.
Art. 10. (1) In cases under Art. 9, Para. 1, item 2, the waste owner may classify the waste by code only and without an asteriks (*) and prove that the waste does not possess hazardous properties based on testing of the waste for the following:
- the properties of H 1 to H 14 under Annex 2, or
- The components of C 1 to C 51 under Annex 5.
(2) The waste owner may suspend the testing of the waste properties under Annex 2 or under the components from Annex 5, when the test proves that the waste possesses one or more of the properties listed in Annex 2.
(3) In cases under Para. 2 waste is classified with the code marked with an asterisk (*).
Art. 11. Sampling and testing of wastes under Art. 10 is carried out by accredited laboratories for sampling and/ or testing of waste in accordance with Art. 8 LWM.
Art. 12. (1) The testing of waste for the properties under Annex № 2 is performed following the methods set out in Annex 3 of the Regulation on the Terms and Procedures for Classification, Packaging and Labeling of Existing and New Chemical Substances and Products, or under the Annexes № 11, 12 and 14 of the same Regulation.
(2) For waste classification in the cases under Para. 1 the criteria in Annex № 2 of the Regulation on the Terms and Procedures for Classification, Packaging and Labeling of Existing and New Chemical Substances and Products shall apply.
Art. 13. (1) The Minister of Environment and Water approved methods for sampling and testing of waste components, for which Bulgarian standards did not exist.
(2) The Minister of Health approved methods for sampling and testing of Property H 9 "Infectious" for which no Bulgarian standards existed.
Art. 14. (1) In cases under Art. 10 the waste owner shall submit an application to the Minister of Environment and Water for an opinion on the classification of waste.
(2) to the application under Para 1, the waste owner attaches documents under Art. 7, and the originals of the protocols for sampling and analysis, and of the protocols with the results of waste components testing under Annex 5 or of the properties under Annex 2.
Art. 15. (1) The Minister of Environment and Water or his authorized representative shall send the documentation to the Minister of Health for an opinion on the classification of waste, within 10 days of the submission of the applicationand the documents under Art. 14, or the submission of additional information under Art. 17.
(2) The Minister of Health or his representative shall evaluate the waste impact the life and health of people based on the results from the studies of the physicochemical and toxicological properties of H 1 to H 13 under Art. 10, or based on results of waste testing under components C 1 to C 51.
(3) The Minister of Health or his representative shall send to the Minister of Environment and Water a written statement on the classification of waste within 30 days of receipt of the documents under Art. 14 or the submission of additional information under Art. 17.
(4) The Minister of Environment and Water or his authorized representative shall assess the ecotoxicological properties of the waste based on the testing conducted in accordance with Art. 10.
Art. 16. (1) The Minister of Environment and Water or his authorized representative shall send to the waste owner his opinion on the classification of waste,within 15 days after receiving the opinion under Art. 15, Para. 3, and based on the evaluation under Art. 15, Para. 4.
(2) Based on the opinion under Para 1, the waste owner shall submit to RIEW a worksheet with defined waste codes.
Art. 17. (1) The Minister of Environment and Water and/ or the Minister of Health may require from the waste owner to provide additional information to clarify on the waste classification, in the cases under art. 10, Para. 1, item 2 –additional testing for the presence of properties H1, H2, H 9 and H 14 under Annex 2.
(2) The timelines under Art. 15 and 16 shall be suspended until the receipt of further information.
Additional Provisions
§ 1. Under this Regulation:
- "Mirrored codes" are one or more pairs of codes in the same subset of the list in Annex 1, where:
a)a waste containinghazardous substances is classified as dangerous and marked with an asterisk (*);
b) the same waste does not contain hazardous substances, is not classified as dangerous and is not marked with an asterisk (*).
- "Hazardous substances" are chemical substances as defined in § 1, item 6 of the law on Protection from Harmful Effects of Chemicals.
- "Heavy metals" are elements in metallic form and/ or compounds of antimony, arsenic, cadmium, chromium (VI), copper, lead, mercury, nickel, selenium, tellurium, thallium and tin, as far as they are classified as hazardous.
Transitional and Final Provisions
§ 2. This regulation is adopted pursuant to Art. 3 of the Law on Waste Management.
§ 3. This regulation repeals Regulation № RD-323 10.VIII.1998 of the Minister of Environment and Water and the Minister of Health (State Gazette,Issue 120 of 1998).
§ 4. Operators of existing installations for which the legal deadline for issuing of a general operational permit under Annex 2 of the Regulationon Procedures for Issuing Permits for Construction and Operation of New and the Operation of Existing Industrial Plants and Equipment (SG issue 26. 2003) is 31.XII.2004, shall submit the documents for waste classification no later than two months from the enactment of this regulation.
§ 5. Persons who have permissions for waste activities under Art. 37 of the Law on reducing the Harmful Impact of Waste on the Environment, with deadline 30.IX.2004, shall submit the documents for waste classification no later than two months from the enactment of this regulation
Annex № 1 to Art. 5, para 1
LIST OF WASTE [1]
01 WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING,
AND PHYSICAL AND CHEMICAL TREATMENT OFMINERALS
01 01 wastes from mineral excavation
01 01 01 wastes from mineral metalliferous excavation
01 01 02 wastes from mineral non-metalliferous excavation
01 03 wastes from physical and chemical processingof metalliferous minerals
01 03 04* acid-generating tailings from processing of sulphide ore
01 03 05* other tailings containing dangerous substances
01 03 06 tailings other than those mentioned in 01 03 04 and 01 03 05
01 03 07* other wastes containing dangerous substances from physical and chemicalprocessing of metalliferous minerals
01 03 08 dusty and powdery wastes other than those mentioned in 01 03 07
01 03 09 red mud from alumina production other than the wastes mentioned in 01 03 07
01 03 99 wastes not otherwise specified
01 04 wastes from physical and chemical processingof non-metalliferous minerals
01 04 07* wastes containing dangerous substances from physical and chemical processingof non-metalliferous minerals
01 04 08 waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09 waste sand and clays
01 04 10 dusty and powdery wastes other than those mentioned in 01 04 07
01 04 11 wastes from potash and rock salt processing other than those mentioned in 01 0407
01 04 12 tailings and other wastes from washing and cleaning of minerals other than those
mentioned in 01 04 07 and 01 04 11
01 04 13 wastes from stone cutting and sawing other than those mentioned in 01 04 07
01 04 99 wastes not otherwise specified
01 05 drillingmuds and other drilling wastes
01 05 04 freshwater drilling muds and wastes
01 05 05* oil-containing drilling muds and wastes
01 05 06* drilling muds and other drilling wastes containing dangerous substances
01 05 07 barite-containing drilling muds and wastes other than those mentioned in 01 0505 and 01 05 06
01 05 08 chloride-containing drilling muds and wastes other than those mentioned in 0105 05 and 01 05 06
01 05 99 wastes not otherwise specified
02 WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE,FORESTRY, HUNTING AND FISHING, FOOD PREPARATION ANDPROCESSING
02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting andfishing
02 01 01 sludges from washing and cleaning
02 01 02 animal-tissue waste
02 01 03 plant-tissue waste
02 01 04 waste plastics (except packaging)
02 01 06 animal faeces, urine and manure (including spoiled straw), effluent, collectedseparately and treated off-site
02 01 07 wastes from forestry
02 01 08* agrochemical waste containing dangerous substances
02 01 09 agrochemical waste other than those mentioned in 02 01 08
02 01 10 waste metal
02 01 99 wastes not otherwise specified
02 02 wastes from the preparation and processingof meat, fish and other foods ofanimal origin
02 02 01 sludges from washing and cleaning
02 02 02 animal-tissue waste
02 02 03 materials unsuitable for consumption or processing
02 02 04 sludges from on-site effluent treatment
02 02 99 wastes not otherwise specified
02 03 wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea andtobacco preparation and processing; conserve production; yeast and yeastextract production, molasses preparation and fermentation
02 03 01 sludges from washing, cleaning, peeling, centrifuging and separation
02 03 02 wastes from preserving agents
02 03 03 wastes from solvent extraction
02 03 04 materials unsuitable for consumption or processing
02 03 05 sludges from on-site effluent treatment
02 03 99 wastes not otherwise specified
02 04 wastes from sugar processing
02 04 01 soil from cleaning and washing beet
02 04 02 off-specification calcium carbonate
02 04 03 sludges from on-site effluent treatment
02 04 99 wastes not otherwise specified
02 05 wastes from the dairy products industry
02 05 01 materials unsuitable for consumption or processing
02 05 02 sludges from on-site effluent treatment
02 05 99 wastes not otherwise specified
02 06 wastes from the bakingand confectionery industry
02 06 01 materials unsuitable for consumption or processing
02 06 02 wastes from preserving agents
02 06 03 sludges from on-site effluent treatment
02 06 99 wastes not otherwise specified
02 07 wastes from the production of alcoholic and non-alcoholic beverages (exceptcoffee, tea and cocoa)
02 07 01 wastes from washing, cleaning and mechanical reduction of raw materials
02 07 02 wastes from spirits distillation
02 07 03 wastes from chemical treatment
02 07 04 materials unsuitable for consumption or processing
02 07 05 sludges from on-site effluent treatment
02 07 99 wastes not otherwise specified
03 WASTES FROM WOOD PROCESSING AND THE PRODUCTION OFPANELS AND FURNITURE, PULP, PAPER AND CARDBOARD
03 01 wastes from wood processingand the production of panels and furniture
03 01 01 waste bark and cork
03 01 04* sawdust, shavings, cuttings, wood, particle board and veneer containing
dangerous substances
03 01 05 sawdust, shavings, cuttings, wood, particle board and veneer other than those
mentioned in 03 01 04
03 01 99 wastes not otherwise specified
03 02 wastes from wood preservation
03 02 01* non-halogenated organicwood preservatives
03 02 02* organochlorinated wood preservatives
03 02 03* organometallicwood preservatives
03 02 04* inorganicwood preservatives
03 02 05* other wood preservatives containing dangerous substances
03 02 99 wood preservatives not otherwise specified
03 03 wastes from pulp, paper and cardboard production and processing
03 03 01 waste bark and wood
03 03 02 green liquor sludge (from recovery of cooking liquor)
03 03 05 de-inking sludges from paper recycling
03 03 07 mechanically separated rejects from pulping of waste paper and cardboard
03 03 08 wastes from sorting of paper and cardboard destined for recycling
03 03 09 lime mud waste
03 03 10 fibre rejects, fibre-, filler- and coating-sludges from mechanical separation
03 03 11 sludges from on-site effluent treatment other than those mentioned in 03 03 10
03 03 99 wastes not otherwise specified
04 WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES
04 01 wastes from the leather and fur industry
04 01 01 fleshings and lime split wastes
04 01 02 liming waste
04 01 03* degreasing wastes containing solvents without a liquid phase
04 01 04 tanning liquor containing chromium
04 01 05 tanning liquor free of chromium
04 01 06 sludges, in particular from on-site effluent treatment containing chromium
04 01 07 sludges, in particular from on-site effluent treatment free of chromium
04 01 08 waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing
chromium
04 01 09 wastes from dressing and finishing
04 01 99 wastes not otherwise specified
04 02 wastes from the textile industry
04 02 09 wastes from composite materials (impregnated textile, elastomer, plastomer)