Regulations relating to persistent, bioaccumulative and toxic substances, waste and waste water and waste management fees in Svalbard

The translation is not official; it is provided for information purposes only. In the event of any inconsistency, the Norwegian version shall prevail.

This transaltion is based on the norwegian version of 20. december 2013. Later amendments are not translated.

Implementing legislation: Adopted by the Ministry of the Environment (now the Ministry of Climate and Environment) on 24 June 2002 under sections 66, 71 and 72 of the Act of 15 June 2001 No. 79 relating to the protection of the environment in Svalbard (Svalbard Environmental Protection Act).

Amendments: amended by the regulations of 22 September 2003 No. 1193, 23 June 2004 No. 974, 21 June 2010 No. 1073, 12 May 2013 No. 469, 15 March 2013 nr. 284, 20 December 2013 No. 1686.

Chapter I. Introductory provisions

Section 1. (purpose)

The purpose of these regulations is to protect the outdoor environment in Svalbard against particularly harmful substances, and to prevent and reduce pollution that may damage the natural environment or cultural heritage.

Section 2. (scope)

Subject to the limitations imposed by international law, these regulations apply to the entire land area of Svalbard and its waters out to the territorial limit.

Section 3. (definitions)

For the purpose of these regulations, the following definitions apply:

1. Persistent, bioaccumulative and toxic substances (hazardous substances): substances that are not readily biodegradable or are bioaccumulative (become concentrated in living organisms) and that may cause damage even in low concentrations;
2. waste: discarded articles of personal property or substances. Surplus objects and substances from service industries, manufacturing industries and treatment plants, etc., are also considered to be waste, but not waste water or exhaust gases;
3. household waste: waste from private households, including large objects such as furniture, etc.;
4. industrial waste: waste from public and private enterprises and institutions;
5. hazardous waste: waste that cannot appropriately be treated together with other waste because it may cause serious pollution or involve a risk of injury to people and animals, that is included in the European List of Wastes, cf. Chapter 11, Appendix 1 of the Waste Regulations of 1 June 2004 No. 930, and that exceeds the limit values for the content of hazardous substances set out in Chapter 11, Appendix 3 of the Waste Regulations. The European List of Wastes, which was implemented in Norwegian law in the Waste Regulations, forms part of the present regulations;
6. lawful waste reception facilities: facilities that have the required permits or approval;
7. instance responsible for land-use planning: the landowner or the instance authorised by the ministry in each land-use planning area;
8. sewerage systems: structures for the transport and/or treatment of waste water;
9. waste management system: the organised collection, transport, reception, storage, treatment and control of household waste.

Chapter II. Hazardous substances

Section 4. (prohibition against the release of hazardous substances)

Any release of hazardous substances is prohibited unless it is lawful under these regulations.

Traces of hazardous substances in ordinary discharges from household activities or other activities that result in discharges of comparable extent are not covered by the prohibition.

Section 5. (relationship to existing commercial enterprises that release or may entail a risk of releases of hazardous substances)

Commercial enterprises that were lawfully established before the entry into force of these regulations, and that release or may entail a risk of releases of hazardous substances, may continue without a permit under these regulations.

The Norwegian Environment Agency may nevertheless decide that existing coal-mining enterprises and coal-fired power plants must apply for permits for operations such as are mentioned in the first paragraph. An application shall include information on the type of release, the quantities involved and the probable impact on the environment. It shall also include an account of measures to limit releases of hazardous substances and the costs of such measures. The Norwegian Environment Agency may on the basis of such an application lay down conditions for further operations.

For other established and lawful enterprises such as are not mentioned in the second paragraph, and that may entail a risk of releases of hazardous substances, the Governor may lay down a time limit for the implementation of the prohibition against releases of hazardous substances set out in section 4. The Governor may if necessary lay down the requirements that are to be met.

Section 6. (new enterprises that release or may entail a risk of releases of environmentally hazardous substances)

If the prohibition of section 4 results in unforeseen consequences for a commercial enterprise that has been found to be environmentally acceptable in Svalbard, the ministry may also if necessary grant exemptions for the said enterprise.

Chapter III. The collection, etc. of waste

Section 7. (prohibition against littering, etc.)

No person may empty, burn, leave, store or transport waste in such a way that it is unsightly or may cause damage or nuisance to the environment.

No person may leave waste outside a land-use planning area. The Governor may in special cases grant exemptions from this prohibition.

The first paragraph does not preclude waste from being dealt with at lawful waste reception facilities.

Section 8. (clean-up operations)

Any person that has contravened the prohibition of the first or second paragraph of section 7 shall arrange for the necessary clean-up measures.

The Governor or the instance so authorised by the ministry may order any person that has acted in contravention of section 7 to clear up the waste within a specified time limit. If necessary, the Governor or the instance so authorised by the ministry may have the waste removed at the expense of the person concerned.

Section 9. (collection, etc of waste)

The instance responsible for land-use planning in each land-use planning area shall arrange for adequate services for the collection and reception of household waste. This requirement does not apply to industrial waste from ships. The instance responsible for land-use planning shall establish separate arrangements for discarded cars, snowmobiles and other such large objects and hazardous waste.

The instance responsible for land-use planning shall arrange for waste to be delivered to lawful waste reception facilities after collection and reception.

In the case of industrial waste and waste generated outside the land-use planning areas, the person responsible for the waste shall arrange for it to be transported and delivered to lawful waste reception facilities.

The Governor or the instance so authorised by the ministry may make decisions:

1. on measures to reduce the quantity of waste;
2. on the delivery, collection, receipt, transport, separation and treatment of waste;,
3. requiring certain types of waste to be recovered or sent elsewhere for recovery;
4. requiring waste to be sent for treatment elsewhere.

Section 10. (obligatory refuse collection)

Any person that generates waste in the land-use planning areas has a duty:

1. to take part in refuse collection and waste sorting arrangements established under section 9, and to deliver all household waste to such arrangements,
2. to pay fees for the services provided.
3. to deliver discarded cars, snowmobiles and other such large objects and hazardous waste to lawful waste reception facilities. Hazardous waste shall be delivered at least once a year. In the event of closure of an enterprise or suspension of operations for more than three months, the duty to deliver hazardous waste takes effect immediately.

Section 11. (reception and treatment of waste)

Any person that wishes to establish new waste reception or temporary storage facilities or a waste treatment and disposal plant that may result in a risk of pollution or be unsightly shall hold a permit from the Governor.

The Governor may by individual decision decide that existing facilities to which the first paragraph applies must apply for permits to continue their operations. The provisions of section 5, second paragraph, apply accordingly.

The Governor may for both existing and new facilities lay down any conditions necessary to prevent damage or nuisance.

It is not permitted to carry out disposal of hazardous waste.

Section 12. (management of hazardous waste)

When delivering hazardous waste, enterprises shall provide information on the quantity of waste and its type. Households that deliver hazardous waste have a duty whenever possible to provide information on the origin of the waste, its content and properties, and to ensure that whenever possible, the packaging clearly indicates what the waste contains.

When hazardous waste is delivered, enterprises shall ensure that a declaration form approved by the Norwegian Environment Agency is filled out.

Enterprises that deliver or store such waste shall ensure that the waste is packaged to withstand the effects of chemical, physical and climatic factors. The packaging shall be labelled with the serial number of the declaration form.

Chapter IV. Waste water and waste management fees

Section 13. (duty to pay fees)

The owner or user of a property that is connected to a waste water treatment plant and/or served by a refuse collection system shall pay fees for the services that are provided in accordance with any regulations laid down under section 15.

Section 14. (framework for fees)

Waste water treatment and waste management fees set in accordance with these regulations shall fully cover the investment and operating costs incurred by those responsible for operation of the waste water treatment plant and/or refuse collection system. The fees must not exceed the costs incurred.

In the case of residential properties, the fees shall be calculated separately for each residential unit. The fees shall be split between the users so that they reflect as accurately as possible the costs of providing each user with waste water treatment and waste management services. Waste management fees should be graded so that they can help to encourage waste reduction and more recycling.

Section 15. (regulations relating to the calculation, collection, etc. of fees)

The Governor or the instance authorised by the ministry may by regulations lay down:

1. further provisions on the calculation and collection of fees;
2. the size of the fees;
3. the instances to which the fees are to be paid and how the fees paid are to be split between them.

Such regulations may apply to a land-use planning area or part of a land-use planning area.

The instance responsible for operating a waste water treatment plant and/or refuse collection system shall, at the request of the competent authority under the first paragraph, draw up estimates of the expected overall direct and indirect costs associated with the waste water treatment plant and/or refuse collection system for the next few years. The competent authority under the first paragraph shall normally use these estimates as a basis for deciding the size of the fees.

Section 16. (fees that have fallen due)

Fees that have fallen due are secured by a statutory charge on the property under section 6-1 of the Mortgages and Pledges Act. The fees may be collected by the tax collector in Troms county under the rules that apply to the collection of taxes in Svalbard.

Chapter V. Final provisions

Section 17. (exemptions)

If special reasons so indicate, the Governor or the instance authorised by the Ministry may grant exemptions from these regulations.

Section 18. (control)

The Governor will be responsible for ensuring compliance with these regulations.

Section 19. (appeals)

Decisions made under these regulations may be appealed in accordance with the provisions of the Public Administration Act.

Section 20. (coercive fine)

To ensure the implementation of the provisions of these regulations or decisions taken under these regulations, the Governor may impose a coercive fine under section 96 of the Svalbard Environmental Protection Act.

Section 21. (penal measures)

Any person that wilfully or negligently contravenes provisions laid down in or under these regulations is liable to fines or to a term of imprisonment not exceeding one year. If substantial environmental damage or a risk of such damage has been caused or if there are especially aggravating circumstances, a term of imprisonment not exceeding three years may be imposed.

An accomplice is liable to the same penalties.

Section 22. (entry into force)

These regulations, with the exception of Chapter III, enter into force on 1 July 2002. The Governor will decide when Chapter III is to enter into force. The date of entry into force may be decided for the whole chapter or parts of it, and it may enter into force on different dates for each land-use planning area.