Environmental Protection (Liquid Waste) Amendment Regulations 1997 (WA)
2 September 1997] GOVERNMENT GAZETTE, WA 4967 ENVIRONMENTAL PROTECTION
EP301
ENVIRONMENTAL PROTECTION ACT 1986
ENVIRONMENTAL PROTECTION (LIQUID WASTE) AMENDMENT REGULATIONS 1997 paragraph (a) of the definition of liquid waste". Made by His Excellency the Governor in Executive Council on the recommendation of the Authority.
Citation
1. These regulations may be cited as the Environmental Protection (Liquid
Waste) Amendment Regulations 1997.
Principal regulations
2. In these regulations the Environmental Protection (Liquid Waste)
Regulations 1996* are referred to as the principal regulations.
[* Published in Gazette 7 June 1996, pp. 2335-70.]
Regulation 2 amended
3. Regulation 2 of the piincipal regulations is amended by deleting
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Regulation 10 amended
4. Regulation 10 of the principal regulations is amended by inserting after
subregulation (1) the following subregulation -
"
charged with an offence under the Act relating to the transport or (la) If the holder of a licence or certificate of registration has been
disposal of liquid waste or an offence under these regulations, the Chief Executive Officer may suspend the licence or certificate of registration until the charge in respect of the offence has been finally dealt with or
determined according to law. it Regulation 12 amended
5. Regulation 12 (2) of the principal regulations is repealed and the following subregulation is substituted - a (2) In subregulation (1) -
"liquid waste" does not include waste -
(a) that is discharged under a licence under Part V of the Act;
(b) from an apparatus for the treatment of sewage; or (c) from a grease trap or oil interceptor on the premises of a registered occupier.
Regulation 24 amended
6. Regulation 24 of the principal regulations is amended by inserting after
subregulation (3) the following subregulation -
"
and transport liquid waste from a grease trap or oil interceptor that the (4) It is a condition of each licence authorizing a driver to collect
driver is to comply with the Code of Practice published by the Chief Executive Officer as amended from time to time, on the collection and transport of that liquid waste.
Regulation 33 amended
7. Regulation 33 of the principal regulations is amended - (a)
by inserting after the regulation designation "33." the subregulation designation "(1)";
(b)
by deleting paragraph (e) and substituting the following paragraph -
(e) such other equipment, system or modifications as the Chief Executive Officer may require as a condition of registration of the vehicle or under regulation 33A.
and
(c) by inserting the following subregulation - a
the Chief Executive Officer at any time - (2) Nothing in subregulation (1) (e) limits the power of (a) under regulation 6 to impose, add to, change or remove conditions upon a certificate of registration in respect of equipment, systems or
modifications; or
2 September 19971 GOVERNMENT GAZETTE, WA 4969
(b) under regulation 33A to require a carrier to install a system referred to in that regulation.
Regulation 33A inserted
S. After regulation 33 of the principal regulations the following regulation is inserted -
"
Equipment to be installed and maintained
33A. (1) The Chief Executive Officer may by written notice require a carrier -
(a) to install in a vehicle of the carrier that is used, or proposed specified in the notice that is capable of transmitting to the Chief Executive Officer at any time accurate information as to-
to be used, for the transport of liquid waste, a system
(i) the geographic position of the vehicle; or (ii) the level of liquid waste in the vehicle's tank, or both of those matters; and (b) to have the system serviced by an approved service agent at intervals specified in the notice.
(2) A carrier who fails to -
install a system in accordance with a requirement under
(a) subregulation (1) (a) within the period specified in the notice of requirement; (b) service the system as required under subregulation (1) (b); (c) maintain the system in good working order; or (d) ensure that the system is operating effectively at all times,
commits an offence.
vehicle - (3) A carrier who collects or transports liquid waste in a
(a) in which a system required to be installed under subregulation (1) is not in good working order or is not operating effectively; and
(b)
is not in effect, in respect of which a permit issued under subregulation (8)
commits an offence.
(4) A driver who -
wilfully damages, destroys or removes a system installed
(a) under subregulation (1); or (b) collects or transports liquid waste in a vehicle -
(i) subregulation (1) is not in good working order or is not operating effectively; and in which a system required to be installed under
(ii) in respect of which a permit issued under
subregulation (8) is not in effect,
commits an offence.
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(d), (3) or (4) (b) it is a defence for the person charged to prove that that person did not know and could not reasonably be expected to have (5) In proceedings for an offence against subregulation (2) (c) or
known that the system was not in good working order or was not
operating effectively, as the case requires.
system installed under subregulation (1) indicates that the system is not operating effectively the Chief Executive Officer is to suspend the (6) If data received at the approved central base station for a
registration of the vehicle in which the system is installed for a such
period and on such conditions as the Chief Executive Officer thinks fit.
required to give the relevant carrier written notice of a proposal to (7) Despite regulation 10, the Chief Executive Officer is not
suspend registration under subregulation (6) or the reasons for the proposal, and the suspension takes effect when written notice of the suspension is given to the carrier.
carrier to collect and transport liquid waste in a vehicle in which a (8) The Chief Executive Officer may give written permission to a system installed under subregulation (1) is not in good working order or
is not operating effectively.
(9) A permit issued under subregulation (8) may be -
(a) subject to such conditions as the Chief Executive Officer specifies in the permit; and
(b) revoked or varied by the Chief Executive Officer.
(8) is subject is breached, the permit ceases to be of effect. (10) If a condition to which a permit issued under subregulation Regulation 34 amended
9. Regulation 34 (1) of the principal regulations is repealed and the
following subregulation is substituted -
Executive Officer may cancel, suspend for a fixed period or refuse to (1) In addition to the grounds specified in regulation 10, the Chief renew a certificate of registration of a vehicle if -
(a) modifications relating to any of the matters referred to in
approval of the Chief Executive Officer; regulation 33 (a) to (e) are made to the vehicle without the
(b) a system required to be installed in the vehicle under regulation 33A -
(i) is not installed as required under that regulation; or (ii) is not serviced as required under that regulation; or (c) the vehicle, any of the equipment, or a system required to be installed under regulation 33A, on the vehicle, is not maintained in good working order.
Regulation 38 amended
10. Regulation 38 (1) of the principal regulations is amended by inserting
after "regulation 14" the following -
99
or a condition imposed on a licence under Part V of the Act ".
2 September 19971 GOVERNMENT GAZETTE, WA 4971 Regulation 39 amended
11. Regulation 39 (1) of the principal regulations is amended -
(a) in paragraph (a) -
(1) by deleting "(4)" and substituting "(5)"; and (ii) by deleting "(3)" and substituting "(4)";
and
(b) in paragraph (b) by deleting "(4)" and substituting "(5)". Regulation 45 amended
12. Regulation 45 (4) of the principal regulations is amended by deleting
"use" and substituting the following -
re-use ".
Regulation 46A inserted
13. After regulation 46 of the principal regulations the following regulation
is inserted -
Conditions of Part V licence for premises discharging liquid waste
46A. For the purposes of section 62 (1) (h) of the Act the Chief Executive Officer may specify as a condition of a licence under Part V of
the Act held by an occupier of premises from which liquid waste is
discharged that the occupier must ensure that -
(a) the liquid waste is discharged in a condition that is suitable for transport and disposal, and for that purpose must ensure that -
(i) hexavalent chromium is converted to trivalent discharged waste not exceeding 100 milligrams per chromium (with a total hexavalent chromium in the
litre);
the liquid waste is neutralized to within the pH range
(ii) 2,5 to 12;
(iii) free cyanide is oxidized to a level not greater than 5 milligrams per litre; and
the liquid waste does not contain any flammable
(iv) material (petrol or solvents) with a flash point greater than 61 degrees centigrade;
(b) waste oils and solvents are collected separately for re-use;
(c) the disposal of the liquid waste from the premises at a operator of the disposal site;
disposal site is booked at least 3 days in advance, with the
(d) the liquid waste is removed from the premises during normal business hours, Monday to Friday, and at no other time; (e) the Chief Executive Officer is notified immediately if liquid waste of a category other than a category specified in the licence is discharged from the premises;
U) each collection tank on the premises -(i) has an identification plate, or is part of a group of collection tanks with an identification plate, issued by
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the Chief Executive Officer and endorsed with a number allocated to it or to the groups by the Chief Executive Officer; and
(ii) has attached to it, or in close proximity to it in a place that is clearly visible, the identification plate issued for that collection tank or group of tanks;
(g) liquid waste is not placed in a collection tank on the premises if the liquid waste is of a category other than a Officer has otherwise approved). category specified in the licence (unless the Chief Executive
Recommended by the Environmental Protection Authority.
B. BOWEN.
By His Excellency's Command,
M. C. WAUCHOPE, Clerk of the Council.
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