Guide to Trade Effluent Control Regulations 2010 - Jawdah

Guide to Trade EffluentControl Regulations 2010

(WA-724)

Issued by:

The Regulation and Supervision Bureau

for the water, wastewater and electricity sector

in the Emirate of Abu Dhabi

www.rsb.gov.ae

June 2010

Guide to Trade Effluent

Control Regulations 2010

2 Guide to Trade Effluent Control Regulations 2010 Guide to Trade Effluent Control Regulations 2010 3

Foreword

Trade Effluent Control

The ongoing rapid development and diversification of Abu Dhabi’s industrial base poses a significant challenge for the Wastewater sector.

The Bureau issued the Trade Effluent Control Regulations 2010 to establish a legal framework that will make sure Trade Effluent is managed safely and economically by the Wastewater sector.

The control of Trade Effluent is a key element of the Bureau’s strategy to promote the reuse of Recycled Water and Biosolids. Controlling what goes in to the Wastewater system protects the quality of the Recycled Water and Biosolids produced by the system.

Guidance

The Bureau believes that regulation only achieves its objectives if Licensees and businesses have a clear understanding of what they must do to comply with the law.

This guidance document is aimed at helping Licensees and businesses understand the Trade Effluent Control Regulations 2010.

Nicholas CarterDirector General

Guide to Trade Effluent Control Regulations 20104

Revision Date Prepared by:

Checked by:

Issued to:

1.0 June 10 RMS MG & CH Publication

List of revisions

Guide to Trade Effluent Control Regulations 2010 5

Table of contents

1. Overview 7Background 7Purpose 7Interpretation 8Help and advice 8

2. Introduction 11Background 11Defining Trade Effluent 11Related activities 13Control framework 13Framework components 14

3. Prohibitions 17Regulation 3.1 Prohibitions 17Regulation 3.2 Low risk Trade Effluent 18

4. Duties of a Collection Licensee 19Background 19Regulation 4.3 Duty to report 19Regulation 4.4 Breach of duty by a Collection Licensee 19

5. DischargingTradeEffluent 21Regulation 5.2 Applying for a Consent 21Regulation 5.2 and 5.3 Obtaining a Consent 21Regulation 5.4 Consent details 24Regulation 5.8 Reviewing the terms of a Consent 24

6. Compliance with Consents 25Regulation 6.1 and 6.2 Compliance assessment 25Regulation 6.3 Managing non-compliance 25Regulation 6.4 Improvement notices and 6.5 Terminating a Consent 27Regulation 6.8 Breach of notice to terminate 27Regulation 6.9 Recovery of costs 28

7. LowriskTradeEffluent 29Regulation 7.1 Low risk Trade Effluent 29Regulation 7.2 Application for low risk status 29Regulation 7.4 Application refused 30

Guide to Trade Effluent Control Regulations 20106

Table of contents (cont.)

Regulation 7.5 Approved codes of practice for low riskTrade Effluent 31Regulation 7.6 Register of low risk Trade Effluentactivities 31

8. Inspection and Monitoring 33Regulation 8.1 Inspectors 33Regulation 8.2 Inspection, sampling and monitoring programme 34Regulation 8.4 Sampling requirements 36Regulation 8.5 Monitoring equipment 38

9. Appeals 41Regulation 9.1 Appeals 41Regulation 9.2 Appeal form 42Regulation 9.6 Bureau consideration 42Regulation 9.8 Arbitration 43

10. Education and guidance 45Regulation 10.1 Education and guidance 45

11. TradeEffluentControlPanel 47Regulation 11.1 Establishment of the Panel 47Regulation 11.7 Panel Members 47Regulation 11.9 Panel rules 48

Annexes 49


1Overview

Background

1.1 The Trade Effluent Control Regulations 2010 establish a legal framework for the safe and economic management of Trade Effluent by Sewerage Services Licensees in the Emirate of Abu Dhabi.

1.2 The Regulations are issued by the Bureau under its powers defined in Article (62) of Law No (2) which states “The Regulation and Supervision Bureau may, in consultation with whom it sees fit, make such Regulations as it sees fit for the purposes set out in Articles (63) and (68) of this Law.”

1.3 This guide has been developed in consultation with Sewerage Service Licensees, the Environment Agency Abu Dhabi and the Center of Waste Management.

1.4 The Bureau will ensure that this document is regularly reviewed and updated in consultation with the Trade Effluent Control Panel.

1.5 Figure 1.1 illustrates the laws, documents and terms used by the Bureau when regulating the sector.

Figure 1.1 Sector overview

Wastewater management chain

Generation Collection Treatment Disposal Reuse

Law No (2) of 1998 as amended – Concerning the regulation of the water and electricity sector

Law No (17) of 2005 as amended – Concerning the regulation of the wastewater sector

Trade Effluent Regulations 2010

RSB Licence to operate

Recycled Water and Biosolids Regulations 2010

Incident Reporting Regulations 2008

Sewerage Services Licensee

Customers CollectionLicensee

DisposalLicensee

End-usersTreatmentLicensee

Trade Effluent Consent

Recycled Water and Biosolids Safety Plan

Recycled Water and Biosolids Supply Agreement

Stag

eLe

gal f

ram

ewor

kW

hoK

ey

docu

men

ts

1

8 Guide to Trade Effluent Control Regulations 2010

Purpose

1.6 This guidance document is aimed at helping Licensees and Trade Effluent dischargers understand the requirements of the Trade Effluent Control Regulations 2010.

1.7 The document aims to provide information on:

(a) the principles Licensees should use to develop a framework for the safe and economic collection and treatment of Trade Effluent;

(b) the development, monitoring and enforcement of Trade Effluent Consents; and

(c) the roles and responsibilities of Consent Holders, Collection Licensees, the Bureau and the Trade Effluent Control Review Panel.

Interpretation

1.8 Words which are defined in the Regulations begin with capital letters when used in this guide.

1.9 A word or expression which is defined in Law No (2) and used, but not defined in this guide, has the same meaning as in Law No (2).

Help and advice

1.10 The Bureau welcomes views and comments about the content and presentation of the Trade Effluent Control Regulations 2010 and this guidance document.

1.11 Please contact us if you:

(a) have any questions about the Regulations;

(b) have suggestions on how we could improve the Regulations and this guidance document; or

(c) require copies of the laws and Regulations which govern the Wastewater sector.

1

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rview

9Guide to Trade Effluent Control Regulations 2010

1.12 To contact the Bureau please:

(a) email: [email protected];

(b) call: +971 (0)2 4439333; or

(c) write to: the Director of Water Services, Regulation and Supervision Bureau, P.O. Box 32800, Abu Dhabi, UAE.

1.13 Copies of the Laws and Regulations which govern the Wastewater sector are available electronically on the Bureau’s website http://www.rsb.gov.ae.


2Introduction


Background

2.1 The Sewerage and Wastewater Treatment Systems in Abu Dhabi have been developed in response to Government requirements to protect public health and minimise the environmental impact of Wastewater discharges. Over time, the industrial and commercial base of the city has expanded and non domestic Wastewater from these activities has been accepted into the Sewerage System as a service to business.

2.2 Non-domestic Wastewater or Trade Effluent may:

(a) create risks to the health and safety of the general public or those working on Sewerage and Wastewater Treatment Systems;

(b) damage the fabric or performance of Sewerage and Wastewater Treatment Systems;

(c) cause significant environmental impacts;

(d) limit the options for the Disposal of Recycled Water and Biosolids; and

(e) lead to unduly high costs for the Wastewater sector.

Defining Trade Effluent

2.3 The Regulations define a Trade Effluent as:

“Wastewater discharged to a Sewerage System which is produced in the course of any industrial, commercial, agricultural, medical, scientific or trade activity, but does not include domestic Wastewater.”

2.4 The definition has three key elements:

(a) it reflects that the characteristics of non-domestic Wastewater may create the issues outlined in section 2.2 of this document;

(b) it recognises that Trade Effluent is generated by industrial and a wide range of commercial premises such as hotels and restaurants, beauticians, dentists, livestock farms, petrol stations, analytical laboratories, hospitals and universities; and

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(c) it establishes that non domestic Wastewater from a Trade Premises becomes a Trade Effluent when it enters the licensed Sewerage System as shown in Figure 2.1.

Figure2.1TradeEffluentdefinition

2.5 The definition of a licensed Sewerage System is given in the Regulations as “a system consisting, wholly or mainly, of sewerage pipes, pumping stations, tankers and other plant and equipment owned or operated by a Collection Licensee and used for the transportation of Wastewater from premises or customers to a Wastewater Treatment System”. This means any non domestic wastewater collected by a tanker operated by a Licensee is subject to these Regulations.

2.6 The definition of Trade Effluent establishes that Wastewater collection systems and treatment devices located within a Trade Premises are not subject to these Regulations.

Related activities

2.7 The Bureau recognises that some commercial discharges have the characteristics of domestic Wastewater and as such should not be treated as Trade Effluent. The process flow diagram in Figure 2.2 illustrates the process a Collection

LicenseeSewerageSystem

Point at which non domestic wastewater becomes Trade Effluent

Pretreatment

Production unit 2

On-site collection system

Production unit 1

Trade Premises

2

Introd

uction


Licensee should use to determine if a commercial discharge is subject to the requirements of the Regulations

Figure2.2Commercialdischargeprocessflowdiagram

2.8 The following activities are regulated by other organisations:

(a) reuse of treated Wastewater within a Trade Premises;

(b) discharge of treated Wastewater direct to land or the marine environment from Trade Premises; and

Is discharge from a Trade Effluent

activity *? Domestic discharge

Does discharge comprise any substances at

concentrations greater than typical domestic wastewater or

flows greater than typical domestic developments?

Commercial discharge No Consent required

Does the discharge pose a low risk# to the to

Wastewater Collectionand Treatment Systems.

Full Trade EffluentConsent required

Low risk Trade Effluent Follow CoP

* TE Activities

• industrial

• commercial

• agricultural

• medical

• scientific

• trade

# Risk characterisation

• Risk is characterised by the presence of a hazard and the likelihood that hazard will impact on the operations of licensees, the environment or the general public.

• Hazards to be assessed should include sewer blockage, corrosion, occupational health and safety, fire and explosion, odour, foam and toxicity to receiving waters, biosolids or treatment processes, presence of restricted substances. .

• Likelihood should be assess in terms of discharge specific return periods.

No

No

Yes

Yes

Yes

No

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(c) disposal of solid waste or sludge from on-site treatment processes.

2.9 Any organisation carrying out these activities should seek advice from:

(a) Environment Agency Abu Dhabi (EAD),

(b) Center of Waste Management Abu Dhabi (CWM); and

(c) the appropriate Sector Regulatory Authority appointed under the Emirate’s Environmental Health and Safety Management System (SRA)1.

Control framework

2.10 The objectives for the framework for Trade Effluent Control are:

(a) risk management:

(i) protection of the health and safety of Licensee staff and the general public;

(ii) protection of the Sewerage and Wastewater Treatment System infrastructure ; and

(iii) management of the environmental impact of the Trade Effluent; and

(b) economically efficient treatment:

(i) minimise the cost to the community at large for processing Trade Effluent; and

(ii) manage the demand for the Sewerage Services.

Framework components

2.11 The Regulations empower Collection Licensees to control Trade Effluent discharges to their Sewerage Systems by implementing a legal framework which comprises:

(a) a consenting process;

1) Environment Agency Abu Dhabi, (2009), Abu Dhabi environment, health and safety management system framework (EHSMS) Abu Dhabi Emirate EHSMS Decree Ver 1.2, EAD, Abu Dhabi

2

Intr

odu

ctio

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(b) a monitoring and enforcement regime; and

(c) an education and guidance strategy.

2.12 Figure 2.3 illustrates the key controls and balances defined by the Regulations.

Figure2.3TradeEffluentControlRegulations2010 framework

2.13 The Regulations require a Collection Licensee to issue a Consent for the discharge of any Trade Effluent to its Sewerage System. The Consent document is the core of the legal framework and will define:

(a) the terms and conditions for the discharge;

(b) outline the procedure for monitoring compliance; and

Controls Checks and balances

Bu

reau

Co

llect

ion

Lic

ense

e

Consent to discharge

Consent terms and condition

Termination notices

Education programme

Appeal to Bureau

Approval by Bureau

Panel advice

Consent variation process

Low risk Trade Effluent

Qualified inspectors

Trader self-monitoring

Non-compliance procedure

Appeal toBureau

Restricted substances

Prohibited substances

Inspection & monitoring

Improvement notices

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(c) state the process for managing non-compliance.

2.14 The process for obtaining a Consent is outlined in Part 5 of the Regulations.

2.15 The Regulations recognise the need for checks and balances on the powers of the Collection Licensee and define the requirements for:

(a) the process Collection Licensees must follow to assess compliance and manage enforcement of Consent conditions (Part 6);

(b) the requirements for inspection and monitoring Trade Effluent discharges (Part 8); and

(c) the Bureau’s process for considering appeals (Part 9).

2.16 The Bureau acknowledges that technical and financial effort involved with issuing and monitoring Consents for certain types of Trade Effluent may be disproportionate and Part 7 of the Regulations defines a process for managing low risk Trade Effluent.

2.17 The Bureau also believes that education and guidance strategies play an important role in achieving good Trade Effluent control and Part 10 of the Regulations mandates the development of education strategies aimed at promoting best practice in specific industrial sectors.

2.18 The Bureau believes that the regulation of Trade Effluent discharges must be a dynamic process and acknowledges regular review is an important element. Part 11 of the Regulations establishes the Trade Effluent Control Panel who will provide advice and guidance to the Bureau on developments in the control of Trade Effluent.

2.19 The following chapters provide detailed guidance on each part of the Regulations.

3Prohibitions


Regulation 3.1 Prohibitions

Prohibited Wastes

3.1 The Regulations prohibit the discharge of Prohibited Wastes into a Sewerage System and defines them in Schedule A.

3.2 Prohibited Wastes are substances which cannot be released to a sewer because of their hazardous nature or environmental persistence. They are defined by broad descriptions such as flammable and explosive or medical and, where possible, the definitions are aligned to those used in Federal Law No (24) of 1999 and Abu Dhabi Law No (21) of 2005.

3.3 The Trade Effluent Control Panel (Panel) has a duty to identify any wastes which should be classified as Prohibited Wastes. The Bureau reviews any recommendations from the Panel and amends the Regulations where required.

Restricted Substances

3.4 The Regulations also prohibit the discharge of Restricted Substances in excess of a maximum allowable concentration defined in Schedule B of the Regulations.

3.5 The nature of Restricted Substances means they can be treated in a Wastewater Treatment System. However, the toxicity and treatability of these substances create a significant risk and economic burden on the Wastewater sector. The Regulations establish a maximum allowable concentration (MAC) for the discharge of these Restricted Substances to create an equitable allocation of the risks and costs.

3.6 A Collection Licensee may set more stringent limits for Restricted Substances than the MAC defined in the Regulations based on an assessment of the Sewerage and Treatment System’s capacity and its legal obligations.

3.7 The Trade Effluent Control Panel (Panel) has a duty to identify any substances which should be classified as Restricted Substances and define MACs for such substances. The Bureau will review any recommendations from the Panel and amend the Regulations where required.


Trade Effluent Consents

3.8 The Regulations also prohibit the discharge of Trade Effluent to a Sewerage System without a Consent or in breach of a Consent condition.

3.9 The principle objective of a Consent is to define:

(a) the terms and conditions for the collection and treatment of the Trade Effluent; and

(b) the allowable composition and quantity of the discharge.

3.10 Part 5 of the Regulations define the process for obtaining a Consent and the minimum requirements for a Consent document.

Regulation 3.2 Low risk Trade Effluent

3.11 The Regulations recognise that the effort and costs involved with issuing and monitoring Trade Effluent Consents may not be appropriate for certain types of Trade Effluent discharges. Regulation 3.2 empowers the Bureau to define certain classes of Trade Effluent as low risk and Part 7 of the Regulations defines the requirements for the control of low risk Trade Effluent.

4Duties of a Collection Licensee


Background

4.1 Collection Licensees are given a range of powers and responsibilities under these Regulations and Part 4 defines a Collection Licensee’s primary duties.

Regulation 4.3 Duty to report

4.2 The Bureau recognises that breaches of Consent may be classified in relation to their impact on the receiving Sewerage, Treatment and Disposal Systems. In order to reflect this, the Bureau will require Collection Licensees to report:

(a) any release of a Trade Effluent, which due to its composition or quantity, is likely to cause the failure of the receiving Sewerage, Treatment or Disposal Systems in accordance with the requirements of the Incident Reporting Regulations 2008; and

(b) all other consent breaches in the annual compliance report required by Regulation 6.2.

4.3 The Incident Reporting Regulations 20082 can be found on the Bureau’s website. They aim to ensure the timely notification of incidents that have occurred during Licensees’ work-related activities and give directions for the classification, reporting, notification and investigation of incidents.

Regulation 4.4 Breach of duty by a Collection Licensee

4.4 The penalties which may be imposed if a Collection Licensee breaches its duties under the Regulations are defined by Article (66) of Law No (2). A copy of Law No (2) can be found on the Bureau’s website.

4.5 Article (66) states “Failure of any person to comply with Regulations made under Article (62) of this Law shall be punishable with a fine of not less than AED 250,000. In case the same failure is repeated by such person, the fine is doubled”.

2) Regulation and Supervision Bureau, (2008), The Incident Reporting Regulations, Abu Dhabi, UAE


5Discharging Trade Effluent


Regulation 5.2 Applying for a Consent

5.1 The application is an important document in the Consenting process. The applicant will be asked to provide information about the proposed discharge and for details of the business making the application.

5.2 The provision of false or misleading information in the application is contrary to Law No (2) and will be enforced in accordance with the Law.

5.3 The Collection Licensee will supply a form that will ensure the information required to assess the application and produce a Consent has been provided.

5.4 The application form will seek information concerning:

(a) the full name, address, registered office, company number and legal status of the applicant seeking a Consent to discharge;

(b) the proposed discharge location;

(c) the nature and composition of the Trade Effluent;

(d) the maximum quantity of Trade Effluent that will be discharged on any one day;

(e) the highest rate at which it is proposed to discharge the Trade Effluent; and

(f) if the proposed Trade Effluent contains any Prohibited Wastes or Restricted substances.

5.5 Collection Licensees will assist applicants with the application process as required.

5.6 A typical template for an application form can be found in Annex A.

Regulation 5.2 and 5.3 Obtaining a Consent

5.7 Once a complete application has been submitted, the Collection Licensee is required to assess the application and notify the applicant of the outcome within 60 days of its receipt.

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5.8 When considering a Consent application the Collection Licensee will assess it against the requirements defined in Clause 5.3.1 and in doing so must be aware of its own responsibilities under Emirate and UAE law.

5.9 The Collection Licensee should pay particular regard to its legal obligations to protect staff and others under health and safety legislation, to protect and maintain the Sewerage, Treatment and Disposal Systems and to safeguard the environment.

5.10 To establish the impact of the discharge on the receiving Treatment and Disposal Systems, the Collection Licensee must consult all Treatment and Disposal Licensees whose activities are likely to be affected by the proposed discharge.

5.11 Figure 5.1 illustrates a template for assessing the impacts of a Trade Effluent discharges to a Wastewater System.

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Dis

char

gin

g T

rad

e Effluen

t


Figure 5.1 Impact assessment process

5.12 If the application is successful, the Collection Licensee will send written notification and copy of the draft Consent to the registered address of the applicant.

5.13 The applicant has the right to appeal to the Bureau if:

(a) the Consent has conditions which it believes are unreasonable; or

Sewerage System

Treatment System

Disposal System

Yes Yes

Yes

Yes

Yes

Yes

Yes

YesYes

Yes

Yes

No

No

No

No

No

No

No

No No

No

No

Prohibitedwastes?

Risk ofexplosion?

Hazardous to health?

Standards to controlodour potential

Standards to protect health

Volatilesubstances?

Obstructingsubstances?

Is TE readilyBiodegradable?

Any biologicaltoxicity issues?

Accumulation in sludge stream?

Recycled Water& Biosolidstoxic to theenvironment

Refer to EAD

TE standards to meetenvironmental obligations

Any anaerobictoxicity issues?

TE standards to minimise treatment toxicity

TE standards to minimise treatment toxicity

Standards to protect sewer system

Prohibited waste not allowed

Recycled Water& Biosolids

degradable inenvironment?

TE standards to match capacityof Treatment System

5


(b) if a Consent has been refused.

5.14 The process for appealing Collection Licensees, decisions is outlined in Part 9 of the Regulations.

5.15 Figure 5.2 illustrates a typical application process.

Figure5.2Consentapplicationprocessflowdiagram

Regulation 5.4 Consent details

5.16 Clause 5.4.1 gives details of the requirements a Consent must cover and an example of a Consent template is included in Annex B.

Regulation 5.8 Reviewing the terms of a Consent

5.17 The Bureau believes that Collection Licensees must review Consents on a regular basis to ensure they reflect the risks posed by the Trade Effluent discharge and the Consent Holder. However, the Bureau recognises that a Consent Holder requires a stable regulatory regime to develop effective business plans. Therefore the Regulations only allow a Collection Licensee to review the terms of a Consent after two years has passed.

Col

lect

ion

Lice

nsee

Bure

auTr

ader

Applicationassessment

Receive Trade Effluent

Appeal outcomeBegin

discharge

Receivecopy of ConsentIssue

decisionReviewappeal

Inform trader and Collection Licensee

Issue finalConsent

Confirm Consentstart date

Draft Consent

Applicationfor Consent

60 days

30 days 30 days 14 days

Outcome rejected

Upheld

Reject appeal

Issue notification to

trader

ConsentacceptedReview

Consentor

rejectionnotice

6Compliance with Consents


Regulation 6.1 and 6.2 Compliance assessment

6.1 The Regulations require Collection Licensees to assess whether Consent holders are complying with the conditions of their Consents at least annually and to consider a wide range of information in their assessment.

6.2 The purpose of the compliance assessment process is to ensure that Consent Holders are managing the risks associated with the Trade Effluent discharge effectively.

6.3 The Bureau will review the annual compliance and incident reports from Collection Licensees and develop an overview of compliance issues. The Bureau will use its overview to inform the sector and drive improvement in the level of compliance.

Regulation 6.3 Managing non-compliance

6.4 In order to ensure non-compliance is managed in a consistent and fair way, each Collection Licensee must seek approval for its procedure for managing non-compliance from the Bureau.

6.5 The Bureau expects non-compliance procedures to be:

(a) Proportional – the Collection Licensee should take account of how far the Consent holder has fallen short of what the Consent requires;

(b) Targeted – the Bureau expects Collection Licensees to have systems for prioritising inspections and enforcement actions in proportion to the risks posed by a breach of Consent;

(c) Consistent – the Collection Licensee should take a similar approach in similar circumstances to achieve similar ends; and

(d) Transparent – the Collection Licensee must help Consent Holders understand what is expected of them.

6.6 Where a Consent holder is found to be breaching the requirements of its Consent, the Collection Licensee is expected to take enforcement action that will:

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(a) ensure the Consent Holder takes action to deal with the breach;

(b) promote compliance with the Regulations;

(c) change future behaviour and deter further non-compliance; and

(d) eliminate any financial gain or benefit associated with non-compliance.

6.7 To achieve these objectives the Regulations empower the Collection Licensee to:

(a) vary consents;

(b) appoint qualified inspectors;

(c) issue improvement and termination notices; and

(d) recover reasonable costs incurred due to a breach of Consent conditions.

6.8 The Bureau believes the key to good compliance is communication and an important element of a non-compliance procedure is the promotion of good practice by qualified inspectors.

6.9 The Bureau anticipates that a Collection Licensee’s non-compliance procedure will establish a hierarchy of enforcement actions which are proportionate to the severity of any breach. In order to establish this hierarchy a Collection Licensee should consider how to address:

(a) significant breaches which present major operational or safety risks;

(b) breaches which do not present an immediate risk to a Licensee’s operations; and

(c) persistent non-compliant behaviour.

6.10 The Collection Licensee must decide how to employ the measures available to them under the Regulations in a way that ensures any enforcement action is proportional to the

6

Com

pli

ance

wit

h

Con

sen

ts


severity of the breach and achieves the outcomes set out in section 6.6 of this document.

Regulation 6.4 Improvement notices and 6.5 Terminating a Consent

6.11 The Regulations define the procedure a Collection Licensee should follow if it wants to issue an improvement or termination notice.

6.12 An improvement notice may be served at any time and may require immediate action to resolve a breach of Consent. The notice must be served in writing and fulfil the requirements of Regulation 6.4.

6.13 A termination notice can be issued if an improvement notice has been breached or if urgent action is required to protect health and safety or safeguard the environment.

6.14 A termination notice requires a Consent Holder to surrender their Consent and stop discharging Trade Effluent to the Collection Licensee’s Sewerage System. The notice must be served in writing 30 days before the notice comes into effect unless urgent action is required to protect health and safety or safeguard the environment.

Regulation 6.8 Breach of notice to terminate

6.15 Article (61) of Law No (2) states “It shall be the duty of the Regulation and Supervision Bureau to investigate any matter which appears to be an enforcement matter and which is the subject of a representation to it (other than where frivolous) by a person having an interest in the matter. An enforcement matter is any matter in respect of which any of the functions of the Regulation and Supervision Bureau under Chapter 3 of Part 6 of this Law are or may be exercisable.”

6.16 Collection Licensees should report any breach of a termination notice to the Bureau and it will investigate the report under its duties defined by Article (61) of Law No (2).

6.17 The Bureau will investigate any possible breach of the

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Regulations by seeking all relevant information from the Collection Licensee and the Consent Holder when deciding whether or not to pursue an enforcement action under Article (66) of Law No (2).

6.18 If the Bureau finds that the Regulations have been breached, it will enforce the law through the requirements of Article (66) of Law No (2).

6.19 Article (66) states “Failure of any person to comply with Regulations made under Article (62) of this Law shall be punishable with a fine of not less than AED 250,000. In case the same failure is repeated by such person, the fine is doubled”.

6.20 A copy of Law No (2) can be found on the Bureau’s web site.

Regulation 6.9 Recovery of costs

6.21 The Regulations allow any Sewerage, Treatment or Disposal Licensee whose business is affected by a wilful or negligent breach of a Consent to recover reasonable costs.

6.22 Examples of reasonable costs may include:

(a) the cost of repairing any damage to Wastewater infrastructure;

(b) the differential costs of diverting the products of Wastewater treatment to alternative outlets as a result of contamination caused by a breach; or

(c) legal costs.

6.23 If there is a dispute over what represents a reasonable cost, the law requires a court of the appropriate jurisdiction to settle the matter.

7Low risk Trade Effluent


Regulation 7.1 Low risk Trade Effluent

7.1 The Bureau acknowledges that effort and costs involved with issuing and monitoring Consents for certain classes of commercial Trade Effluent may not be appropriate.

7.2 The definition of low risk Trade Effluent aims to identify those types of discharge that, subject to appropriate Pre- treatment, will not pose a threat to the receiving Sewerage and Treatment Systems.

7.3 The Bureau believe that these types of discharges can be effectively managed by:

(a) the installation, operation and maintenance of appropriate Pre-treatment devices; and

(b) regular inspection by the Collection Licensee.

7.4 Two types of Trade Effluents were defined as low risk at the implementation of the Regulations.

Regulation 7.2 Application for low risk status

7.5 Any Entity can apply to the Bureau to define a type of Trade Effluent as low risk.

7.6 If the Bureau approves an application for low risk status all Trade Effluent discharges in the Emirate that conform to the classification will be subject to low risk Trade Effluent control requirements and the Bureau will notify all Collection Licensees.

7.7 The application should include information on:

(a) the nature and composition of the type of Trade Effluent;

(b) a review of good international practice for the management and control of such Trade Effluent including evidence of the performance of appropriate Pre-treatment devices; and

(c) an assessment of the risks posed by the type of Trade

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Effluent on the Sewerage and Treatment Systems after any Pre-treatment.

7.8 In order to establish the nature and composition of the type of Trade Effluent, the applicant should consider analysis results from existing processes, data from trials, experience of similar installations in other jurisdictions and manufacture’s expectations for Pre-treatment devices.

7.9 Figure 7.1 illustrates the application process.

Figure7.1LowriskTradeEffluentapplicationprocess

Regulation 7.4 Application refused

7.10 If the Bureau rejects an application for low risk status the applicant may refer the matter to arbitration, see section 9 for further details, subject to the terms of Article (67) and Article (130) of Law No (2).

(a) Article (67) states “The court with the appropriate

90 days

Col

lect

ion

Lice

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App

lican

tPa

nel

Bure

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Application for low risk status

Applicationassessment

Panelconsultation

Application accepted

Reco

mm

end

appl

icatio

nre

ject

ed

ReviewPaneladvice

Reviewapplication

Monitordischarges

Develop lowrisk register

ImplementCoP

Develop CoP advice

Notify low risk traders

Identify lowrisk traders

Refer outcome toarbitration

Comply withRegulations

Notifyapplicant

Issue lowrisk status

notice

Applicationapproved

Reject decision

Accept decision

Applicationrejected

ReviewBureaudecision

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Low

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jurisdiction shall hear disputes relating to Regulations made under Article (62) of this Law.”

(b) Article (130) states “Any dispute arising between a person conducting a regulated activity and the Regulation and Supervision Bureau as to any decision made by the Regulation and Supervision Bureau shall be determined by arbitration in accordance with Schedule 2 to this Law.”

7.11 Schedule 2 of Law No (2) defines the Water and Electricity Regulatory Arbitration Code which sets out the procedure for resolving disputes regarding regulated activities.

Regulation 7.5 Approved codes of practice for low risk Trade Effluent

7.12 The Panel will be responsible for developing codes of practice for the management of each class of low risk Trade Effluent.

7.13 A code of practice will define:

(a) the criteria for specifying the size, operation and maintenance of any Pre-treatment device required;

(b) how often a Trade Premises must be inspected by a Collection Licensee; and

(c) the records that must be kept by a Collection Licensee and the Entity discharging low risk Trade Effluent.

7.14 When developing a code of practice, the Panel must consider the evidence provided by the applicant, review good international practice and consult all Collection Licensees to establish their opinion on the management requirements for the proposed type of Trade Effluent.

Regulation 7.6 Register of low risk trade effluent activities

7.15 The licence of a Sewerage Services Licensee includes a

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condition that requires the development and maintenance of a register of customers. This register should identify Trade Effluent customers and any customers who are classified as low risk Trade Effluent customers. The licence requires a Licensee to produce a copy of its customer register within seven days of receiving a notice from the Bureau.

7.16 The Regulations also require a Collection Licensee to produce a register of the inspections it has made of low risk Trade Effluent premises in a calendar year by 31 March of the following year. A sample low risk Trade Effluent inspection register is attached as Annex C of this guide.

8Inspection and Monitoring


Regulation 8.1 Inspectors

8.1 The Regulations empower Collection Licensees to appoint qualified inspectors to monitor Trade Effluent discharges.

Qualified inspectors

8.2 The Bureau believes that the inspectors have a critical role to play in the implementation of the Regulations and anticipates that they will:

(a) check compliance by completing site surveys and inspections; and

(b) promote good performance by educating and persuading Consent Holders.

8.3 Inspectors must have the skills and knowledge to assess the performance and needs of Consent Holders objectively. These include:

(a) a clear understanding of the Regulations and the Collection Licensee’s policies and procedures relating to Trade Effluent;

(b) an ability to form an opinion of a Consent Holder’s compliance based on site visits, audit reports and monitoring data;

(c) auditing skills to support site inspections;

(d) good communication skills to enable clear communication of findings and to influence the Consent Holders’ behaviour;

(e) a good understanding of industrial processes and Trade Effluent Pre-treatment; and

(f) the ability to validate self monitoring information including an understanding of equipment and apparatus used to monitor and measure the quantity or characteristics of Trade Effluent.

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Inspectors rights

8.4 An Inspector has the right to enter a Consent Holder’s Trade Premises at any reasonable time to inspect, sample and monitor the Trade Effluent discharge.

8.5 The Bureau anticipates that inspections will be carried out:

(a) proactively as part of a planned programme; and

(b) reactively to establish the cause of some incident or adverse trend in performance.

8.6 During a site visit to assess a Consent Holder’s compliance, an inspector may:

(a) take measurements, photographs and samples;.

(b) take possession of documents; or

(c) take statements from people they think can help an investigation.

8.7 If an inspector considers that the Consent Holder is breaching the terms of his Consent they can, subject to the requirement of Part 6 of the Regulations:

(a) issue a warning;

(b) issue an improvement notice in writing ; or

(c) issue a termination notice.

Regulation 8.2 Inspection, sampling and monitoring programme

8.8 Regulation 8.2 requires a Collection Licensee to establish a compliance monitoring programme for every Trade Effluent discharge which is proportional to the risks posed by the discharge.

Risk assessment

8.9 The risk posed by a Trade Effluent discharge is a function

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of the hazards associated with its nature or quantity and the likelihood of these hazards causing an incident. In assessing the risk posed by the discharge, the Bureau expects the Collection Licensee to consider:

(a) the type of Trade Effluent discharge;

(b) the volume of the Trade Effluent discharged in proportion to the total amount entering the receiving Sewerage and Wastewater Treatment System;

(c) the substances used in the industrial process and those regularly discharged to the Sewerage System;

(d) the capacity of the receiving Sewerage, Treatment and Disposal Systems; and

(e) the Consent Holder’s compliance history.

8.10 Once a risk assessment has been made, the Collection Licensee can design an appropriate sampling and inspection programme with the high risk discharges subject to the most intensive programmes.

8.11 Good examples of methods for developing risk-based sampling and monitoring programmes are outlined in:

(a) The Water Services Association of Australia source management guide3; and

(b) The UK Environment Agency’s environmental permitting regulations operational risk appraisal scheme4.

Monitoring programme

8.12 Details of the compliance monitoring programme must be set out in the Consent, to meet Regulation 5.4. The Bureau expects that, the Consent will include details of:

(a) the methods and frequency of sampling required to

3) Water Services Association of Australia Ltd, (2008), National Wastewater Source Management Guideline, WSAA, Sydney, Australia4) Environment Agency, 2010, Environmental Permitting Regulations Operational Risk Appraisal Scheme (Opra for EPR) version 3.5, Environment Agency, Bristol, United Kingdom.

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establish the quantity and nature of the discharge;

(b) the process for reviewing and validating self-monitoring reports from Consent Holders; and

(c) the schedule of proactive inspections to be completed by the Collection Licensee’s inspectors.

Self monitoring

8.13 Clause 8.2.4 allows the Collection Licensee and Consent Holders to establish self-monitoring programmes. The Bureau believes that well managed and independently audited self-monitoring programmes offer an economic and effective way of establishing Consent compliance.

8.14 Any self monitoring must be carried out at the expense of the Consent Holder and in accordance with the requirements of the Consent.

Regulation 8.4 Sampling requirements

8.15 Regulation 8.4 defines the requirement for the collection and analysis of any samples used to assess compliance and applies to Collection Licensees and Consent Holders.

8.16 The Bureau believes that the reliability of the information obtained from sampling is critical to a successful compliance assessment process. It is essential that any sample should be representative of the discharge, handled in a way which preserves its composition and analysed in a way which is accurate and repeatable.

Obtaining a representative sample

8.17 The two most common approaches to sample collection are grab sampling and composite sampling. When considering which to adopt, the Collection Licensees should consider the variability of the source, the nature of the Trade Effluent and the parameters under investigation.

8.18 The guidance provided in the following documents

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represents good practice in the collection and handling of representative samples:

(a) ISO 5667-1, Water quality—Sampling, Part 1: Guidance on the design of sampling programs;

(b) ISO 5667-2, Water quality—Sampling, Part 2: Guidance on sampling techniques;

(c) ISO 5667-3 Water quality—Sampling, Part 3: Guidance on the preservation and handling of samples.

Sample analysis

8.19 The Panel will establish a guidance note outlining the most appropriate methods of analysis to be adopted for Trade Effluent discharges. In establishing this guidance the Panel will take account of good international practice and national standards. The Panel will review the following sources to establish its guidance:

(a) the US Code of Regulations, Title 40 – Protection of Environment, Chapter 1 Environmental Protection Agency, Sub chapter D, Water Programs Part 136 – Guidelines for establishing test procedures for the analysis of pollutants5;

(b) the UK Standing Committee of Analysts’ series entitled Methods for the Examination of Waters and Associated materials6;

(c) guidance from Emirates Authority for Standardization & Metrology.

8.20 Analysis should be carried out by a laboratory certified to perform the tests by an independent accreditation body acceptable to the Bureau such as:

5) United States Government, (2009), US code of Regulations, Title 40 – Protection of Environment, Chapter 1 Environmental Protection Agency, Sub chapter D, Water Programs Part 136 – Guidelines for establishing test procedures for the analysis of pollutants, US Government, Washington, USA.6) Environment Agency National Laboratory Service, (2009), Standing Committee of analysts methods for the examination of waters and associated materials, Environment Agency, Reading, United Kingdom.

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(a) the Emirates Authority for Standardization & Metrology; or

(b) the United Kingdom Accreditation Service.

8.21 In all cases, any laboratory used for the analysis of Trade Effluent should conform with the requirements of ISO 17025:2005 - General requirements for the competence of testing and calibration laboratories.

Regulation 8.5 Monitoring equipment

8.22 The measurement and recording of instanteous and cumulative daily flows will be an important element of any monitoring programme. All flow meters must be fit for purpose and installed and maintained to achieve a minimum accuracy of ± 10%.

8.23 The advice given in the UK Environment Agency guide7 describes good practice and an assessment process for establishing whether flow metering installations meet the desired accuracy targets.

8.24 The Bureau believes that, in some circumstances, online monitoring will allow Consent Holders and Collection Licensees to manage Trade Effluent discharges more efficiently and effectively and lower the overall costs of the compliance programme.

8.25 Online monitoring is considered to be any type of continuous measurement of a substance in a Trade Effluent discharge and includes facilities for secure data logging and downloading. An example of procedures for establishing accurate and reliable online monitoring can be found in the UK Environment Agency’s Monitoring Certification Scheme8.

8.26 A Collection Licensee may wish to mandate online monitoring equipment:

7) Environment Agency, (2008), Minimum requirements for the self-monitoring of effluent flow version 3.2, Environment Agency, Preston, United Kingdom.

8)Environment Agency, (2009), Performance Standards and Test Procedures for Continuous Water Monitoring Equipment Part 1 - Performance standards and test procedures for automatic water sampling equipment version 2.1, Environment Agency, Preston, United Kingdom

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(a) when a discharge comprises substances which present an immediate and significant risk to the environment, the safety of workers, or the operations of the Sewerage, Treatment or Disposal Systems; or

(b) at Trade Premises with a poor compliance history.

8.27 Consent Holders may ask to implement online monitoring of their Trade Effluent as an alternative to the prescribed composite and discrete sampling programs where they believe online monitoring will be more effective and efficient.

8.28 In all cases, the Consent Holder is responsible for the supply, maintenance and calibration of the instruments and assuring the Collection Licensees’ access to the data.


9Appeals


Regulation 9.1 Appeals

9.1 The Bureau recognises the need for checks and balances on the powers of the Collection Licensee. The Regulations empower the Bureau to hear appeals from Consent Holders regarding unreasonable decisions by the Collection Licensee. Examples of unreasonable decisions include the refusal of a Consent without justification, the variation of a Consent without following the requirements of the Regulations or the serving of a notice without justification.

9.2 The Bureau expects that a Consent Holder will have entered into negotiations with the Collection Licensee regarding any dispute before making an appeal. During these negotiations, the Consent Holder should have explained why they feel unable to accept the conditions or action. The Bureau would expect these negotiations to continue to take place once the appeal is lodged and to receive evidence that some negotiation has taken place.

9.3 Figure 9.1 illustrates the process for appeals to be resolved by the Bureau.

Figure 9.1 Appeals process

Completeappeal

application

Col

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30 days

30 days5 days7 days

25 days

Bure

auTr

ader No extra

time

Extra time needed

Reject request and appealReject appeal

Issue revised time scale totrader and Collection

LicenseeReviewappeal

Issuedecision

Act onBureaudecision

Act onBureaudecision

Apply for timeextension

Issue decision

Issue appeal to Bureauand Collection Licensee

Issuenotice ofappeal toall parties

Appealwithin timelimit

Considerextensionrequest

OK

Appeal lateNo reason to extend

Approve

Decisionto

appeal

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Regulation 9.2 Appeal form

9.4 A template for the Bureau’s appeal application form is set out in Annex D of this guidance note.

9.5 A completed appeal should be submitted to the Bureau’s Head of Legal Services in writing. The application should be supported by a softcopy of all the appeal documents in Adobe Acrobat (PDF) format.

Regulation 9.6 Bureau consideration

9.6 When the Bureau receives an appeal it will provide copies of the completed appeal form and supporting documents to all affected parties. It will then give both the Collection Licensee and Consent Holder the opportunity to make representations regarding the appeal. At this stage it may be possible for the appeal to be resolved informally by adoption of suggestions made by Bureau.

9.7 If the dispute cannot be resolved informally, the Bureau will decide whether to deal with the appeal based on the written submissions of both parties, or to arrange a hearing. This decision will be dependent on the complexity of the issues at stake and the views of the Consent Holder and the Collection Licensee.

9.8 The appeal will normally be decided in light of the Bureau’s understanding of the practical and financial consequences for both Collection Licensee and the Consent Holder. Ultimately, the Bureau must be satisfied that the condition or action is justified.

9.9 The Bureau will take into consideration:

(a) health and safety requirements;

(b) any substances likely to damage sewers or cause special difficulty or expense in Treatment and Disposal Systems;

(c) whether the conditions imposed by the Licensee relate to legal obligations imposed by the EAD, CWM or SRA;

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(d) the long-term cost implications for the Consent Holder and Collection Licensee; and

(e) the proposed timetables for achieving any mandated changes.

9.10 After consideration of all of these factors, the Bureau will determine whether the disputed condition or action is justified and issue a binding determination in writing to all affected parties.

Regulation 9.8 Arbitration

9.11 If the Bureau rejects an application for low risk status, the applicant may refer the matter to arbitration subject to the terms of Article (67) and Article (130) of Law No (2).

(a) Article (67) states The court with the appropriate jurisdiction shall hear disputes relating to Regulations made under Article (62) of this Law.

(b) Article (130) states Any dispute arising between a person conducting a regulated activity and the Regulation and Supervision Bureau as to any decision made by the Regulation and Supervision Bureau shall be determined by arbitration in accordance with Schedule 2 to this Law.

9.12 Schedule 2 of Law No (2) defines the Water and Electricity Regulatory Arbitration Code which sets out the procedure for resolving disputes regarding regulated activities.


10Education and guidance


Regulation 10.1 Education and guidance

10.1 A common element of effective Trade Effluent control frameworks is a strategy to educate Consent Holders about their rights and responsibilities and best practice for managing Trade Effluent discharges.

10.2 These programmes are aimed at promoting best practice by providing guidance on legal requirements, the management of Restricted Substances and good practice in specific industrial sectors.

10.3 The Bureau will work with Collection Licensees to help them develop consistent and appropriate strategies to educate Consent Holders.

10.4 The Bureau anticipates that all Collection Licensees with Trade Effluent customers will issue a document which summarises their Trade Effluent policy. Good examples of such documents include:

(a) Sydney Water’s Trade Waste Management Plan for Industrial Customers9; and

(b) Yorkshire Water’s Trade Effluent Code of Practice10.

9) Change to Sydney Water Corporation, (2007), Trade Waste Management Plan for Industrial Customers, Sydney Water Corporation, Sydney, Australia.10) Yorkshire Water, (2010), Trade Effluent Code of Practice, Yorkshire Water, Bradford United Kingdom.


11Trade Effluent Control Panel


Regulation 11.1 Establishment of the Panel

11.1 The Bureau believes that regulation is a dynamic process and regular review of the legal framework is important to encourage innovative, economic and safe management of Trade Effluent.

11.2 The Bureau recognises that stakeholders have an important part to play in this review process and the Regulations establish a Panel of expert stakeholders to advise the Bureau on specific aspects of Trade Effluent management.

Regulation 11.7 Panel members

11.3 The Panel will be made up of representatives from:

(a) the Bureau;

(b) all Sewerage Services Licensees with a permanent licence;

(c) Government agencies responsible for the protection of the environment and public health;

(d) Entities which represent Consent Holders; and

(e) expert advisers.

11.4 Sewerage Services Licensees with a permanent licence are detailed on the Bureau’s website.

11.5 The following government agencies will be invited to be members of the first panel:

(a) The Environment Agency Abu Dhabi;

(b) Health Authority Abu Dhabi;

(c) Department of Municipal Affairs;

(d) Center of Waste Management;

(e) The Centre of Environmental Health and Safety Management; and

(f) ZonesCorp.

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11.6 The Bureau will establish working groups of Panel members to address the Panel’s obligations under the Regulations and each working group will be made up of five members including a Bureau chairman.

11.7 When the Bureau establishes a working group, it will consider the qualifications and experience of all Panel members and the organisations they represent before selecting a group which it believes will provide robust, objective and fair advice.

11.8 The Regulations require that a person nominated to serve on the Panel must:

(a) be qualified and competent; and

(b) have authority to undertake any actions on behalf of the organisation they represent.

Regulation 11.9 Panel rules

11.9 The Panel must develop its own rules and procedures of governance which must be approved by the Bureau.


ANNEXES


Annexes

Annex A : Sample Consent application form template 52Annex B : Sample Consent template 56Annex C : Annual report for low risk Trade Effluent inspections template 68Annex D : Bureau appeal form template 70



Annex ASample Consent application form template

AAnnex A: Sample Consent application form template


Trade Effluent Control Regulations 2010Application for a Consent to discharge Trade Effluent

Company details

Company name

Registered address

Registered company number

Trade Premises

Address of Trade Premises

Physical location of Trade Premises

Contact name and telephone number for enquiries.

Attach an on site drainage plan

(A4 size showing a suitable sample point and the proposed point of connection to the sewer)

Nature of Trade Effluent

Describe the processes which will produce the Trade Effluent including:

(a) a site plan with details of the location of the processes;

(b) full schematic layout of any proposed or existing pre-treatment facility;

(c) details of the production processes; and

(d) details of any chemicals used by the production processes including material safety data sheets and an indication of quantities stored on site.

Describe the nature and composition of Trade Effluent.

(a) specify the maximum and average concentrations of any constituents of the Trade Effluent including details of any Restricted Substances identified in Schedule B of the Regulations.

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(b) confirm that the trade waste will not contain any Prohibited Wastes detailed in schedule A of the Regulations; or

(c) specify any steps taken to minimise the polluting effects of the discharge on on the Wastewater Sewerage and Treatment Systems.

State the maximum volume of Trade Effluent for which Consent is sought to be discharged on any one day into the sewer in cubic metres.

State the maximum rate of flow of Trade Effluent for which Consent is sought in litres/second.

State the hours between which the discharge of Trade Effluent into the sewer will take place on each day of the week.

General information

State the date on which it is wished to commence discharge.

State the reason for application.

Give any other relevant information incuding:

(a) Details of management arrangements of Wastewater or waste streams that are not intended to be discharged to the Sewerage System.

(b) Details of the water supply source eg potable supply, borehole or Recycled Water.

Declaration

I confirm that the information contained in this application is, to the best of my knowledge, accurate, comprehensive and not misleading.

I am aware that making an application for a Trade Effluent Consent that is known to be false in material or calculated to mislead is contrary to the Law and shall be enforced in accordance with Article (66) of Law No (2) of 1998 concerning the regulation of the water and electricity sectors in the Emirate of Abu Dhabi, as amended.

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Signed by ………………………………………………………………

Print name ……………………………………………………………

Designation ……………………………………………………………

Date ……………………………………………………………………

for and on behalf of “the Company”

Address :

"Enter details of physical address"

Postal address:

"Enter details of postal address"

Telephone: "enter number"

Facsimile: "enter number"

"Stamp with Company seal"


Annex BSample Consent template

BAnnex B: Sample Consent template


[Name of Entity][Address of Entity]

Consent for discharge of Trade Effluent by [Entity]

1. Introduction

1.1 The Collection Licensee is the holder of a licence issued by the Bureau for the collection of Wastewater and owns or operates a Sewerage System.

1.2 Under the Trade Effluent Control Regulations, an Entity must have a Trade Effluent Consent to discharge Trade Effluent to a Sewerage System.

1.3 The Entity has applied to the Collection Licensee for a Consent to discharge Trade Effluent to the Collection Licensee’s Sewerage System.

2. Definitions

2.1 Terms used in this Consent shall, unless defined below or the context otherwise requires, have the same meanings as ascribed to them in the Law or the Trade Effluent Control Regulations:

“Entity” means [Insert].

“Bureau” means the Regulation and Supervision Bureau for the Water, Wastewater and Electricity Sector in the Emirate of Abu Dhabi.

“Collection Licensee” means [Insert].

“Collection Licensee’s Sewerage System” means the Sewerage System located at [Insert].

“Consent” means this consent issued by the Collection Licensee to allow the Entity to discharge Trade Effluent to the Collection Licensee’s Sewerage System, including any amendments made from time to time.

“Effective Date” means the date specified in Paragraph 5.1 of this Consent.

“Law” means Law No (2) of 1998, as amended, concerning the regulation of the water and electricity sector in the Emirate of Abu Dhabi, and Law No (17) of 2005, as amended, concerning the regulation of the wastewater sector.

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“Licence” means the licence number [Insert], dated [Insert], granted by the Bureau to the Collection Licensee for the collection of Wastewater, subject to the conditions specified therein, as amended from time to time.

“TradeEffluentControlRegulations” means the Trade Effluent Control Regulations 2010, dated June 2010, issued by the Bureau, as may be amended from time to time.

3. Consent

3.1 The Collection Licensee hereby consents to the discharge of Trade Effluent by the Entity to the Collection Licensee’s Sewerage System, subject to the terms and conditions set out below.

4. Conditions

4.1 This Consent is subject to the following terms and conditions:

(1) Nature and Composition – The Trade Effluent to be discharged by the Entity shall consist of:

(i) [Insert details as to nature of Trade Effluent]

(ii) Volume – the maximum volume of Trade Effluent that may be discharged by the Entity in any [Insert length of period] shall not exceed [Insert] cubic metres.

(iii) Rate – the highest rate at which Trade Effluent may be discharged by the Entity shall not exceed [Insert] litres per second.

(iv) Restricted Substances – the Trade Effluent discharged by the Entity may contain the concentrations or mass of Restricted Substances defined in schedule B of this consent

(2) Point of Discharge – the Entity may only discharge Trade Effluent at the point indicated on the plan number [Insert] attached to this Consent at Schedule A, unless the Collection Licensee has otherwise agreed in writing.

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(3) DischargingandReceivingtheTradeEffluent – the Trade Effluent may only be discharged by the Entity and received by the Collection Licensee on the following terms and conditions: [Insert]

(4) Inspection, Sampling and Monitoring Programme – a programme for inspection, sampling and monitoring of the Trade Effluent discharged by the Entity is attached to this Consent at Schedule B. This programme must be followed by the Entity and the Collection Licensee.

(5) Records to be kept by the Entity – the Entity must keep records of information and data measured by monitoring equipment or from sampling carried out by the Entity for at least ten years relating to:

(i) the volume, frequency and rate of discharge;

(ii) the nature and composition of its Trade Effluent discharge; and

(iii) servicing and calibration of meters and equipment used to monitor its Trade Effluent discharge.

(6) Information – the Entity must provide the following information and data to the Collection Licensee:

(i) [Insert]; and

(ii) any further information reasonably requested by the Collection Licensee.

(7) Charges and Tariffs – the Entity shall be liable for the payment of charges and tariffs to the Collection Licensee for the collection, treatment and disposal of Trade Effluent, if such charges and tariffs have been approved by the Bureau in accordance with the Licence of the Collection Licensee.

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5. Effective Date

5.1 This Consent shall come into effect on [Insert].

6. Term of Consent

6.1 This Consent shall remain in force and effect from the Effective Date to [Insert] unless terminated earlier in accordance with this Consent.

6.2 If the Entity is to continue to discharge Trade Effluent after the date determined under Paragraph 6.1 of this Consent, it must apply to the Collection Licensee for renewal of this Consent not less than 30 days prior to its expiry.

7. Variation of the Consent

7.1 The Collection Licensee may review the terms of this Consent if a period of two years has passed since the Effective Date.

7.2 The Collection Licensee may vary or cancel this Consent following a review under Paragraph 7.1, provided that any action by the Collection Licensee complies with the Trade Effluent Control Regulations.

7.3 The Collection Licensee may vary a condition of this Consent at any time if:

(1) there is a change in law which makes it necessary to change a condition;

(2) the Trade Effluent being discharged has significantly changed since the Consent was given; or

(3) there has been a change in control of the Entity who applied for the consent.

7.4 The Collection Licensee must give written notice to the Entity and the Bureau if it intends to vary a condition of this Consent.

7.5 A notice issued by the Collection Licensee under Paragraph 7.4 must:

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(1) list each condition to be varied;

(2) state the reason why a condition will be varied;

(3) state the date the variation will come into force; and

(4) give information on the Entity’s right of appeal in relation to the variation.

7.6 A notice to vary a condition of Consent must be given to the Entity at least 30 days before the date the variation comes into force, unless the law requires action to be taken sooner.

7.7 The Entity may ask the Collection Licensee to vary a condition of this Consent, but only if the Trade Effluent discharge has significantly changed since the Consent was issued.

7.8 If the Entity’s request to vary a condition of this Consent under Paragraph 7.7 is refused by the Collection Licensee, the Entity may appeal to the Bureau in accordance with the Trade Effluent Control Regulations.

8. Cancellation of Consent

8.1 Subject to Paragraph 8.2, the Collection Licensee may terminate this Consent if:

(1) the Entity has breached a condition of an improvement notice issued by the Collection Licensee under Regulation 6.4.1 of the Trade Effluent Control Regulations;

(2) the Consent is no longer suitable because the Trade Effluent has significantly changed since the Consent was given; or

(3) urgent action is required to:

(i) protect the health and safety of the general public or the Collection Licensee’s employees; or

(ii) prevent significant or lasting damage to the environment or the fabric of the receiving Sewerage or Treatment System.

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8.2 The Collection Licensee must give notice in writing of its intention to terminate this Consent not less than 30 days before the date of termination except when the termination is ordered as urgent action to protect health and safety or prevent damage to the environment.

8.3 The notice given by the Collection Licensee under Paragraph 8.2 must be issued to the Entity and the Bureau.

8.4 A notice to terminate this Consent must:

(1) state:

(i) the condition of the improvement notice that has been breached; or

(ii) the significant changes to the Trade Effluent;

(2) explain how:

(i) the condition has been breached; or

(ii) the changes to the Trade Effluent have been determined;

(3) state the date of termination;

(4) state the action the Entity must take and when it must be taken;

(5) state what will happen if the Entity does not take action in time;

(6) state what action the Collection Licensee may take to monitor the Trade Effluent discharge connection point after the date of termination; and

(7) give information regarding the Entity’s right of appeal under the Trade Effluent Control Regulations.

8.5 After receiving a notice to terminate this Consent, the Entity may appeal to the Bureau under the terms set out in Part 9 of the Trade Effluent Control Regulations.

8.6 The Collection Licensee may issue a verbal termination notice to a Consent if urgent action is required to:

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(1) protect the health and safety of the general public and Licensees employees;

(2) prevent significant and lasting damage to the environment; or

(3) safeguard the fabric of the receiving Sewerage and Treatment systems.

8.7 If a Collection Licensee issues a verbal termination notice, it must give written notice to the Entity as soon as practicable after this Consent has been terminated.

ISSUED for and on behalf of the Collection Licensee by:

_______________________________________Dated this [Insert] day of [Insert]

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SCHEDULE A

Locationof whereEntitymaydischargeTradeEffluenttoCollection Licensee’s Sewerage System

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SCHEDULE B

Inspection, sampling and monitoring programme

[The inspection, sampling and monitoring programme is to provide details in relation to the following:

(1) inspection chamber requirements;

(2) the provision, maintenance and testing of meters needed to measure volume, frequency and rate of discharge of Trade Effluent; and

(3) the provision, maintenance and testing of equipment to analyse the nature and composition of Trade Effluent being discharged.

The programme must include the following provisions:

Inspectors

Inspectors appointed by the Collection Licensee may enter any Trade Premises owned or operated by the Entity discharging Trade Effluent:

(a) at any reasonable time; and

(b) without prior notice,

to inspect, sample and monitor the Trade Effluent discharge.

Expenses

The sampling and monitoring to be carried out by the Entity under this Consent must be done at the Entity’s expense and in accordance with any direction given by the Collection Licensee.

Monitoring points [if applicable]

The Collection Licensee requires the Entity to install and maintain a discharge monitoring point at [Insert].

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The monitoring point must:

(1) enable an inspector appointed by the Collection Licensee to obtain a representative sample of the Trade Effluent discharged into the Sewerage System at any time;

(2) have good access and egress; and

(3) be safe and suitable for monitoring and sampling.

Monitoring equipment [if applicable]

The Collection Licensee requires the Entity to install and maintain meters and equipment to monitor:

(1) the volume, frequency and rate of discharge; and

(2) the composition and nature of the Trade Effluent discharged into the Sewerage System at any time.

All meters and equipment installed by the Entity to monitor Trade Effluent shall meet the requirements of appropriate national or international standards.

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Substance Unit

Maximum allowable

characteristic under

Regulation

Maximum allowable

characteristic under this Consent

Chemical Oxygen Demand (COD) mg/l 1000Total Suspended Solids (TSS) mg/l 500Total Dissolved Solids (TDS) mg/l 3000Temperature Degrees Celsius 45pH unit > 6 and < 9Grease & oil (hydrocarbon) mg/l 60Grease & oil (non hydrocarbon) mg/l 100Max physical size of non faecal matter mm in 2 dimensions 15Chloride (as Cl- ion) mg/l 1000Cyanide mg/l 2Fluoride (as F- ion) mg/l 15Sulphate (as SO4) mg/l 1000Sulphide (as S) mg/l 1Total Kjeldahal Nitrogen mg/l 150Total Phosphorus mg/l 50Detergents (Linear Alkylate Sulphonate as Methylene blue active substances) mg/l 30

Phenolic Compounds (as Phenol) mg/l 0.5Polycyclic Aromatic Hydrocarbons (PAH) mg/l 0.05

Organophosphrus Pesticides mg/l 0.01Organochlorine Pesticides mg/l 0.01Aluminium mg/l 100Arsenic mg/l 5Barium mg/l 10Beryllium mg/l 5Boron mg/l 5Cadmium mg/l 1Chromium (Total) mg/l 5Cobalt mg/l 5Copper mg/l 5Iron mg/l 50Lead mg/l 5Lithium mg/l 2.5Manganese mg/l 10Mercury mg/l 0.5Molybdenum mg/l 10Nickel mg/l 10Selenium mg/l 10Silver mg/l 5Tin mg/l 10Vanadium mg/l 1Zinc mg/l 10

Substances to be limited prior to discharge to sewer


Annex CAnnual report for low risk

Trade Effluent inspections template

CAnnex C: Annual report for low risk Trade Effluent inspections template


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Annex DProposed Bureau appeal form template

DAnnex D: Proposed Bureau appeal form template


Emirate of Abu Dhabi

Trade Effluent Control Regulations 2010

Appeal against Collection Licensee decision relating to a Consent to Discharge Trade Effluent

Company responsible for Trade Effluent discharge.

Company name

Registered address

Registered company number

Principal contact and contact details (Telephone, Fax and email)

Collection Licensee

Company name

Principal contact and contact details (telephone, fax and email)

Details of Consent

Consent reference number

Physical location of Trade Effluent discharge point (GPS co-ordinates and map)

Decision to be appealed

Provide a short summary of decision which is being appealed

Provide a detailed justification for the appeal. Include details of the technical, procedural or legal challenges which give rise to the appeal.

Provide evidence of the negotiations which have taken place to resolve the dispute.

Append a copy of the following documents:

(a) the Consent application(b) the Consent (c) the variation notice where issued(d) the improvement or termination notice where issued

D


Declaration

I confirm that the information contained in this appeal is, to the best of my knowledge, accurate, comprehensive and not misleading.

I am aware that making an appeal that is known to be false in material or calculated to mislead is contrary to the Law and shall be enforced in accordance with Article (66) of Law No (2) of 1998 concerning the regulation of the water and electricity sectors in the Emirate of Abu Dhabi, as amended.

Signed by ………………………………………………………………

Print name ……………………………………………………………

Designation ……………………………………………………………

Date ……………………………………………………………………

for and on behalf of “the Company”

Address :

"Enter details of physical address"

Postal address:

"Enter details of postal address"

Telephone: "enter number"

Facsimile: "enter number"

"Stamp with Company seal"


P.O. Box: 32800 Abu Dhabi, U.A.Ee-mail: [email protected]

www.rsb.gov.ae

Regulation and Supervision Bureaufor

the water, wastewater and electricity sector in the Emirate of Abu Dhabi

Guide to Trade Effluent Control Regulations 2010 - Jawdah

Documents

Transcript of Guide to Trade Effluent Control Regulations 2010 - Jawdah