Prescribed Premises (Raw Natural Rubber) Regulations 1978
Key Information
Regulations under the Environmental Quality Act 1974 prescribing licensing requirements, acceptable effluent discharge conditions, monitoring and reporting duties, and fee computation for prescribed premises used for raw natural rubber production or processing.
Source: DOE - P.U.(A) 338/1978
Regulation 1. Citation and commencement.
Regulation 2. Interpretation.
In these Regulations, unless the context otherwise requires-
"B.O.D." means biochemical oxygen demand, that is, the quantity of oxygen utilized, according to laboratory test, in the biochemical oxidation of the organic matter in effluent during a specified period, which for the purposes of these Regulations is three days, and at a specified temperature, which for the purposes of these Regulations is 30 degrees Centigrades;
"B.O.D. concentration" means the intensity of the biochemical oxygen demand of effluent, measured by reference to the B.O.D. of a standard unit of volume of the effluent, such as a litre; thus effluent is said to have a B.O.D. concentration of, say, 5,000 milligrammes per litre, or 5,000 mg/1, if its oxygen-consuming potential is such that one litre of it will, according to laboratory test, utilize, during a period of three days and at a temperature of 30 degrees Centigrade, 5,000 milligrammes of oxygen in the process of its biochemical oxidation;
"B.O.D. load" means the total amount of oxygen that, having regard to its B.O.D. concentration, a given amount of effluent can be expected to utilize, during a period of three days and at a temperature of 30 degrees Centigrade, in the process of its biochemical oxidation;
"effluent" means liquid waste or wastewater produced by reason of the production process taking place at prescribed premises;
"licence" means a licence in respect of prescribed premises, as required by section 18 of the Act;
"parameter" means any of the factors shown in the first column of the Second Schedule, or any other factors which the Director- General may specify in the licence, by reference to which the polluting potential of effluent is determined;
"prescribed premises" means any premises prescribed by the Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Order 1978, being premises occupied or used for the production or processing of-
(a)
raw natural rubber in technically specified form, latex form including prevulcanised or the form of modified and special purpose rubber; and
(b)
conventional sheet, skim, crepe or any other form of raw rubber not already described in quantities of 5 tonnes or more per day or with a production or processing capacity of a similar quantity;
"watercourse" includes any reservoir, lake, river, stream, canal, drain, spring, or well, any part of the sea abutting on the foreshore, and any other body of natural or artificial surface or subsurface water.
Regulation 3. Periods for purposes of section 18 (2) (a) and (c).
In connexion with the making of application for a licence-
(1)
the period ending on the 31st January 1979 is prescribed for the purposes of section 18 (2) (a) of the Act; and
(2)
the period of fourteen days after a person became the occupier of prescribed premises is prescribed for the purposes of section 18 (2) (c) of the Act.
Regulation 4. Continuance of existing conditions and restrictions in case of change in occupancy.
(1)
Where a person becomes the occupier of prescribed premises in succession to another person who holds a yet unexpired licence in respect of the prescribed premises, then-
(a)
for a period of fourteen days after the change in occupancy; or
(b)
where the new occupier makes application within that period for the transfer to him, of the licence, for the period from the change in occupancy until final determination of his application, the conditions and restrictions of the licence shall be binding on the new occupier and shall be observed by him, notwithstanding that he is not yet the holder of the licence or that the licence may, during the period specified in sub-paragraph (a) or (b), as the case may be, have expired.
(2)
Paragraph (1) shall not apply when the new occupier becomes the holder of a licence issued in respect of the prescribed premises.
Regulation 5. Reporting changes that alter quality of effluent.
An applicant for a licence or for the renewal or transfer of a licence shall, within seven days of the occurence of any material change in any information furnished in his application under section 11 (1) or (2) of the Act, give the Director-General a report in writing of the change.
Regulation 6. Making changes that alter quality of effluent.
(1)
An occupier of prescribed premises in respect of which a licence is issued shall not make, or cause or permit to be made, any change to the prescribed premises or in the manner of running, using, maintaining, or operating the prescribed premises or in any operation or process carried on at the prescribed premises which change, causes, or is intended or is likely to cause, a material deterioration in the quality characteristics, or a material increase in the quantity, of effluent discharged from the prescribed premises, unless the Director-General has granted to the occupier prior written approval for the change.
(2)
For the purposes of paragraph (1), changes to prescribed premises include-
(a)
any change in the construction, structure, or arrangement of the prescribed premises or any building serving the prescribed premises;
(b)
any change in the construction, structure, arrangement, alignment, direction, or condition of any channelling device, system, or facility serving the prescribed premises; and
(c)
any change of, to, or in any plant, machine, or equipment used or installed at the prescribed premises
Regulation 7. Duty of occupier to provide assistance for action under section 38.
Every occupier of prescribed premises shall provide the Director-General or any officer duly authorized in writing by him every reasonable assistance or facility available at the prescribed premises, including labour, equipment, appliances, and instruments, that he may require for the purposes of taking any action under section 38 of the Act in respect of the prescribed premises.
Regulation 8. Dilution of licence.
No person shall dilute, or cause or permit to be diluted, any effluent, whether raw or treated, at any time or point after it is produced at any prescribed premises unless the Director-General has granted such person prior written authorization for the dilution and the dilution is done according to the terms and conditions of the authorization.
Regulation 9. Display of licence.
Every occupier of prescribed premises shall display his licence, together with every document forming part of the licence, in a conspicuous position in the principal building of the prescribed premises.
Regulation 10. Quarterly return.
(1)
For the purposes of this regulation, a quarter means a period of three months commencing on the 1st January, the 1st April, the 1st July, or the 1st October.
(2)
Every occupier of prescribed premises shall, within fourteen days after the end of each quarter, submit to the Director-General, in the Form in the First Schedule, a quarterly return for that quarter in respect of the prescribed premises.
(3)
An occupier of prescribed premises is not required to submit under paragraph (2) a return for any period during which he was not an occupier of the prescribed premises.
(4)
Where a person becomes an occupier of prescribed premises on a day other than the first day of a quarter, such a person may submit his first return under paragraph (2) within fourteen days after the end of the first full quarter, and in that case the return shall be for the period from the commencement of occupation until the end of the first full quarter.
Regulation 11. Imposition of acceptable conditions for the discharge of effluent.
Regulation 12. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products into a watercourse.
(1)
Subject to paragraph (3), no condition limiting any parameter shall ordinarily be imposed in respect of the discharged of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products into a watercourse during the period 1-4-1979 -31-3-1980, but the Director-General may, if he considers it necessary in any particular case so to do, impose such a condition or conditions for all or any of the parameters, and in that event the limits shall ordinarily be as shown in the Second Schedule.
(2)
Every licence issued in respect of any period on or after 1-4-1980 shall contain a condition or conditions limiting the parameters of the effluent to be discharged on or after that date and the limits for the respective periods shall ordinarily be as shown in the second, third, fourth and fifth columns of the Third Schedule.
(3)
The Director-General may in any particular case, if he considers it necessary so to do, impose, in respect of the discharge of effluent during any period, a more stringent limit than the applicable limit shown in the Second Schedule or the applicable limit according to the Third Schedule, for any parameter.
Regulation 13. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products onto land.
(1)
Subject to paragraph (2), no condition limiting any parameter shall ordinarily be imposed in respect of the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products onto land during any period, but the Director-General may, if he considers it necessary in any particular case so to do, impose such a condition or conditions for all or any of the parameters, and in that event the limits shall ordinarily be as shown in the Second Schedule.
(2)
The Director-General may in any particular case, if he considers it necessary so to do, impose, in respect of the discharge of effluent during any period, a more stringent limit than the applicable limit shown in the Second Schedule, for any parameter.
Regulation 14. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of products other than concentrated latex or its associated products into a watercourse.
(1)
Every licence issued on or after 1-4-1979 and every licence issued before but expiring after that date shall contain a condition or conditions limiting the parameters of the effluent to be discharged from prescribed premises occupied or used for the production of products other than concentrated latex or its associated products into a watercourse on or after that date and the limits for the respective periods shall ordinarily be as shown in the second, third, and fourth columns of the Fourth Schedule.
(2)
The Director-General may in any particular case, if he considers it necessary so to do, impose, in respect of the discharge of effluent during any period, a more stringent limit than the applicable limit shown in the Fourth Schedule, for any parameter.
Regulation 15. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products onto land.
No condition limiting any parameter shall be imposed in respect of the discharge of effluent from prescribed premises occupied or used for the production of products other than concentrated latex or its associated products onto land during any period, but the Director-General may, if he considers it necessary in any particular case so to do, impose such a condition or conditions for all or any of the parameters shown in the Fourth Schedule.
Regulation 16. Prescribed premises occupied or used for the production of a combination of products, including concentrated latex or its associated products.
(1)
This regulation applies to the discharge or effluent from prescribed premises occupied or used for the production of a combination of products, which include concentrated latex or its associated products.
(2)
Where the discharge of effluent arising from the production of concentrated latex or its associated products is to be separate from the discharge of effluent arising from the production of the other products, regulations 12 and 13 shall apply in respect of the discharge of effluent arising from the production of concentrated latex or its associated products and regulations 14 and 15 shall apply in respect of the discharge of effluent arising from the production of the remaining products.
Regulation 17. Limits for parameters of effluent not included in the Second, Third or Fourth Schedule.
The Director-General may in any particular case, if he considers it necessary so to do, impose, in respect of the discharge of effluent from prescribed premises, conditions limiting parameters of effluent not included in the Second Schedule, Third Schedule or Fourth Schedule.
Regulation 18. Imposition of less stringent limits for parameters of effluent in certain circumstances.
The Director-General may in any particular case impose, in respect of the discharge of effluent from prescribed premises, a less stringent limit than the applicable limit according to the Second Schedule, Third Schedule or Fourth Schedule, for any parameter, if he is satisfied-
(a)
that research on effluent disposal or treatment of a kind or scale that is likely to benefit the cause of environmental protection is being or is to be carried out at the prescribed premises and that such a concession is necessary for the conduct of such research; or
(b)
that compliance with the limit according to the Second Schedule, Third Schedule or Fourth Schedule at the prescribed premises would not be practicable.
Regulation 19. Point discharge.
(1)
In every licence the Director-General shall specify, for the purposes of these Regulations, the point or points of discharge of effluent for the prescribed permises to which the licence relates.
(2)
Wherever the point of discharge is specified in these Regulations in connexion with any prescribed premises, the reference is to the point or points of discharge specified for the prescribed premises pursuant to paragraph (1).
(3)
Wherever the B.O.D. concentration or other parameter of effluent discharged or to be discharges is specified in these Regulations is connexion with any prescribed premises, the reference, unless the context otherwise requires, is to the B.O.D. concentration or other parameter as at the point of discharge specified for the prescribed premises pursuant to paragraph (1).
Regulation 20. Occurpier to install, maintain and operate a continuous effluent flow-measuring and recording device.
(1)
Every occupier of prescribed premises shall, to the satisfaction of the Director-General, install, maintain and operate a continuous effluent flow-measuring and recording device for the purpose of monitoring, at the point of discharge, the quantity of the discharge of effluent during the period of the licence.
(2)
Notwithstanding paragraph (1), the Director-General may permit the quantity of water to be used in the production process to be monitored, in respect of the effluent to be discharged, if he is satisfied that the quantity of such water is the equivalent of the quantity of effluent at the point of discharge and in that event the quantity so determined shall be deemed to be the quantity of effluent discharged.
Regulation 21. Fee for permission under section 19.
The fee for a written permission under section 19 of the Act to carry out any work on any premises that would cause those premises to become prescribed premises or to construct on any land any building designed for or used for a purpose that would cause the land or building to become prescribed premises is $100.00 and shall not be refundable.
Regulation 22. Fee for licence, including renewal of licence.
(1)
The fee for a licence, including the renewal of a licence, is $100.00 plus an effluent-related amount computed according to the rates and procedures prescribed in the Fifth Schedule.
(2)
The amount of $100.00 shall accompany the application and shall not be refundable.
(3)
The effluent-related amount shall not become due until called for.
Regulation 23. Waiver of fee.
(1)
Where the Director-General is satisfied that research on effluent disposal or treatment of a kind or scale that is likely to benefit the cause of environmental protection is being or to be carried out at any prescribed premises, he may, with the approval of the Minister, completely or partially waive any effluent-related amount payable under regulation 22 (1).
(2)
In deciding on the extent of waiver, the Director-General shall be guided by a consideration of how much of the amount of effluent discharged or to be discharged is involved in the research and by a consideration of the quality characteristics of the effluent discharged or to be discharged.
Regulation 24. Fee for transfer of licence.
The fee for the transfer of a licence is $30.00.
FIRST SCHEDULE. (Regulation 10 (2)) - QUARTERLY RETURN FORM
SECOND SCHEDULE. (Regulation 12 (1)) - PARAMETER LIMITS FOR WATERCOURSE DISCHARGE OF EFFLUENT FROM PRESCRIBED PREMISES OCCUPIED OR USED FOR THE PRODUCTION OF CONCENTRATED LATEX OR ITS ASSOCIATED PRODUCTS
THIRD SCHEDULE. (Regulation 12 (2)) - PARAMETER LIMITS FOR WATERCOURSE DISCHARGE OF EFFLUENT FROM PRESCRIBED PREMISES OCCUPIED OR USED FOR THE PRODUCTION OF CONCENTRATED LATEX OR ITS ASSOCIATED PRODUCTS, ON OR AFTER 1-4-1980
*This additional limit is the arithmetic mean value determined on the basis of a minimum of four samples taken at least once a week for four weeks consecutively.
FOURTH SCHEDULE. (Regulation 14 (1)) - PARAMETER LIMITS FOR WATERCOURSE DISCHARGE OF EFFLUENT FROM PRESCRIBED PREMISES OCCUPIED OR USED FOR THE PRODUCTION OF PRODUCTS OTHER THAN CONCENTRATED LATEX OR ITS ASSOCIATED PRODUCTS
*This additional limit is the arithmetic mean value determined on the basis of a minimum of four samples taken at least once a week for four weeks consecutively.
#Value on filtered sample.
FIFTH SCHEDULE. (Regulation 22 (1)) - RATES AND PROCEDURES FOR COMPUTING EFFLUENT-RALATED AMOUNT OF LICENCE FEE
1.
The amount shall be related to the total quantity of effluent to be discharged from the premises, both into a watercourse and onto land, during the period of the licence.
2.
(1)
Where effluent is to be discharged only into a watercourse, the amount shall be $10.00 per metric ton or part of a metric ton of the B.O.D. load of the total quantity of effluent to be discharged.
(2)
Where the period of the licence is a complete year, and the amount computed according to the rate in sub-paragraph (1) is $150.00 or less, the amount to be charged shall be $150.00.
(3)
The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year.
(4)
For the purpose of sub-paragraph (3), any period of licence of less than one month shall be reckoned and charged for as one month.
3.
(1)
Where effluent is to be discharged only onto land, the amount shall be $10.00 per thousand metric tons or part of a thousand metric tons of the total quantity of effluent to be discharged.
(2)
Where the period of the licence is a complete year, and the amount computed according to the rate in sub-paragraph (1) is $150.00 or less, the amount to be charged shall be $150.00.
(3)
The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year.
(4)
For the purpose of sub-paragraph (3), any period of licence of less than one month shall be reckoned and charged for as one month.
4.
(1)
Where effluent is to be discharged both into a watercourse and onto land, the rate in sub-paragraph (1) of paragraph 2 shall apply in respect of the effluent to be discharged into a watercourse and the rate in sub-paragraph (1) of paragraph 3 shall apply in respect of the effluent to be discharged onto land, and the amount to be charged shall be the total of the two amounts thus arrived at.
(2)
Where the period of the licence is a complete year, and the total of the two amounts is $150.00 or less, the amount to be charged shall be $150.00.
(3)
The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year.
(4)
For the purpose of sub-paragraph (3), any period of licence of less than one month shall be reckoned and charged for as one month.
5.
(1)
Where no effluent is to be discharged either into a watercourse or onto land during the period of the licence, the amount to be charged shall be $150.00 per year.
(2)
The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year.
(3)
For the purpose of sub-paragraph (2), any period of licence of less than one month shall be reckoned and charged for as one month.
6.
In construing this Schedule for the purpose of recovery of fees under section 17 of the Act, references to effluent to be discharged shall be construed as references to effluent actually, or deemed to have been actually, discharged.