(Section 71)
GENERAL
| 1. | This Schedule sets out guidelines for reducing the necessity for dumping at sea in accordance with Schedule II to the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters adopted on 7 November 1996. |
WASTE PREVENTION AUDIT
| 2. | The initial stages in assessing alternatives to dumping at sea should, as appropriate, include an evaluation of— |
| (a) | the types, amounts and relative hazard of wastes generated; |
| (b) | details of the production process and the sources of wastes within that process; and |
| (c) | the feasibility of the following waste reduction or prevention techniques; |
| (i) | product reformulation; |
| (ii) | clean production technologies; |
| (iii) | process modification; |
| (iv) | input substitution; and |
| (v) | on-site, closed-loop recycling. |
| 3. | In general terms, if the required audit reveals that opportunities exist for waste prevention at its source, an applicant for a permit is expected to formulate and implement a waste prevention strategy, in collaboration with the relevant local, provincial and national agencies, which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions must assure compliance with any resulting waste reduction and prevention requirements. |
| 4. | For dredged material and sewage sludge, the goal of waste management should be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategies and requires collaboration between the relevant local, provincial and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land. |
CONSIDERATION OF WASTE MANAGEMENT OPTIONS
| 5. | Applications to dump wastes or other material must demonstrate that appropriate consideration has been given to the following hierarchy of waste management options, which implies an order of increasing environmental impact: |
| (c) | destruction of hazardous constituents; |
| (d) | treatment to reduce or remove the hazardous constituents; and |
| (e) | disposal on land, into air and in water. |
| 6. | The Minister will refuse to grant a permit if it is established that appropriate opportunities exist to re-use, recycle or treat the waste without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal should be considered in the light of a comparative risk assessment involving both dumping at sea and the alternatives. |
CHEMICAL, PHYSICAL AND BIOLOGICAL PROPERTIES
| 7. | A detailed description and characterisation of the waste is an essential precondition for the consideration of alternatives and the basis for a decision as to whether a waste may be dumped. If a waste is so poorly characterised that a proper assessment cannot be made of its potential impacts on health and the environment, that waste may not be dumped. |
Characterisation of the wastes and their constituents must take into account—
| (a) | origin, total amount, form and average composition; |
| (b) | properties: physical, chemical, biochemical and biological; |
| (d) | persistence: physical, chemical and biological; and 35 |
| (e) | accumulation and biotransformation in biological materials or sediments. |
ACTION LIST
| 8. | In selecting substances for consideration in the Action List referred to in section 78, the Minister will give priority to toxic, persistent and bioaccumulative substances from anthropogenic sources (e.g., cadmium, mercury, organohalogens, petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their by-products other than organohalogens). An Action List can also be used as a trigger mechanism for further waste prevention considerations. |
| 9. | The Action List must specify an upper level and may also specify a lower level. The upper level should be set so as to avoid acute or chronic effects on human health or on sensitive marine organisms representative of the marine ecosystem. Application of an Action List will result in three possible categories of waste: |
| (a) | wastes which contain specified substances, or which cause biological responses, exceeding the relevant upper level shall not be dumped, unless made acceptable for dumping at sea through the use of management techniques or processes; |
| (b) | wastes which contain specified substances, or which cause biological responses, below the relevant lower levels should be considered to be of little environmental concern in relation to dumping at sea; and |
| (c) | wastes which contain specified substances, or which cause biological responses, below the upper level but above the lower level require more detailed assessment before their suitability for dumping at sea can be determined. |
DUMP-SITE SELECTION
| 10. | The Minister will require at least the following information before deciding whether or not to approve a site for dumping at sea: |
| (a) | the physical, chemical and biological characteristics of the water-column and the seabed; |
| (b) | the location of amenities, values and other uses of the sea in the area under consideration; |
| (c) | the assessment of the constituent fluxes associated with dumping at sea in relation to existing fluxes of substances in the marine environment; |
| (d) | the economic and operational feasibility; and |
| (e) | any relevant coastal management objectives. |
ASSESSMENT OF POTENTIAL EFFECTS
| 11. | Assessment of potential effects should lead to a concise statement of the expected consequences of the sea or land disposal options, i.e.. the '"Impact Hypothesis". It provides a basis for deciding whether to approve or reject the proposed disposal option and for defining environmental monitoring requirements. |
| 12. | The assessment for dumping at sea must integrate information on waste characteristics, conditions at the proposed dump-site or dump-sites, fluxes, and proposed disposal techniques and specify the potential effects on the environment, human health, living resources, amenities and other legitimate uses of the sea. It must define the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions. |
| 13. | An analysis of each disposal option must be considered in the light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards, (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option then this option may not be considered further. In addition, if the interpretation of the comparative assessment shows the dumping at sea option to be less preferable, a permit for dumping will not be given. |
| 14. | Each assessment must conclude with a statement supporting a decision to issue or refuse a permit for dumping at sea. |
MONITORING
| 15. | Monitoring is used to verify that permit conditions are met — compliance monitoring — and that the assumptions made during the permit review and site selection process were correct and sufficient to protect the environment and human health — field monitoring. It is essential that such monitoring programmes have clearly defined objectives. |
PERMIT AND PERMIT CONDITIONS
| 16. | A decision to issue a permit will only be made if all impact evaluations are completed and the monitoring requirements are determined. The conditions of the permit must ensure, as far as practicable, that adverse effects are minimised and the benefits maximised. A dumping permit issued must contain data and information specifying— |
| (a) | the types and sources of materials to be dumped; |
| (b) | the location of the dump-site(s); |
| (c) | the method of dumping at sea; and |
| (d) | monitoring and reporting requirements. |
| 17. | The Minister will review permits for dumping at sea at regular intervals, taking into account the results of monitoring and the objectives of monitoring programmes. Review of monitoring results will indicate whether field programmes need to be continued, revised or terminated and will contribute to informed decisions regarding the continuance, modification or revocation of permits. This provides an important feedback mechanism for the protection of human health and the marine environment. |
