Treatment of Coal Ash in Israel Treatment of Coal Ash in Israel Existing Legal Instruments Existing Legal Instruments Shlomi Pridan Pridan – – Attorney Attorney- -at at- -law law Shlomi Ministry of the Environment Ministry of the Environment November 2005 November 2005
Background Background � COAL � COAL ASH – RESIDUE OF COAL ASH – RESIDUE OF COAL COMBUSTION IN POWER STATION COMBUSTION IN POWER STATION BOILERS BOILERS � NUISANCE OR RESOURCE? NUISANCE OR RESOURCE? � Waste – – Accepted approach: Coal ash is not viewed as Accepted approach: Coal ash is not viewed as Waste hazardous waste, although it has some hazardous features. hazardous waste, although it has some hazardous features. Resource – – possible uses of coal ash as a raw material, in possible uses of coal ash as a raw material, in Resource construction, infrastructures and agriculture construction, infrastructures and agriculture
� Environmental aspects � Environmental aspects Use of coal ash could harm the environment and Use of coal ash could harm the environment and expose the public to danger expose the public to danger 1. Pollution of air and ground and water Pollution of air and ground and water 1. sources sources A. At the production, storage and use stages A. At the production, storage and use stages B. At the disposal stage - - as waste / raw material as waste / raw material B. At the disposal stage C. At the conveyance stage C. At the conveyance stage 2. Exposure to radiation from construction 2. Exposure to radiation from construction materials containing coal ash materials containing coal ash
� Point of departure � Point of departure – Israel does not have specific dedicated Israel does not have specific dedicated – legislation to regulate the treatment and use of legislation to regulate the treatment and use of coal ash in all its various aspects coal ash in all its various aspects – Israel has a broad range of existing legislation Israel has a broad range of existing legislation – that can provide suitable legal means for the that can provide suitable legal means for the treatment and regulation of this area. treatment and regulation of this area. � The aim of this lecture is to review these The aim of this lecture is to review these � legislative instruments, the general legislation legislative instruments, the general legislation under the responsibility of the other ministries, as under the responsibility of the other ministries, as well as the environmental legislation, which is the well as the environmental legislation, which is the responsibility of the ministry of the environment responsibility of the ministry of the environment
What do we want to regulate? The prevention of environmental harm by those The prevention of environmental harm by those working with coal ash: working with coal ash: � For coal ash � For coal ash “ “manufacturers": Conditions for manufacturers": Conditions for production, conveyance and storage (as waste or production, conveyance and storage (as waste or raw material) up to the disposal stage raw material) up to the disposal stage � For the conveyors of coal ash � For the conveyors of coal ash � A waste disposal site for the disposal of coal ash � A waste disposal site for the disposal of coal ash as a waste product: conditions for the regulation of as a waste product: conditions for the regulation of waste disposal sites waste disposal sites � The coal ash user: conditions for use � The coal ash user: conditions for use
Legislation Legislation � The business licensing law � The business licensing law A. Regulation A. Regulation Licensing process Licensing process Conditions (framework conditions Conditions (framework conditions and special conditions) special conditions) of business of business and license license B. Supervisory tools and removal of Supervisory tools and removal of B. hazards hazards
Legislation (cont.) Legislation (cont.) � National Health Law � National Health Law Focus on hazards and enforcement of prevention and proper Focus on hazards and enforcement of prevention and proper disposal disposal � Abatement of Nuisances Law � Abatement of Nuisances Law Focuses on hazards and the enforcement of their prevention Focuses on hazards and the enforcement of their prevention and proper disposal and proper disposal Air pollution at high or unreasonable levels: Regulation by Air pollution at high or unreasonable levels: Regulation by means of individual injunctions, enforcement by means of means of individual injunctions, enforcement by means of injunctions to remove the hazard injunctions to remove the hazard For waste disposal sites: Instructions and Standards for the For waste disposal sites: Instructions and Standards for the Prevention of Hazards (Prevention of air and odor pollution Prevention of Hazards (Prevention of air and odor pollution at unreasonable levels from waste disposal sites) 1990 at unreasonable levels from waste disposal sites) 1990
Legislation (cont.) Legislation (cont.) � Hazardous Materials Law Hazardous Materials Law � Regulatory approach: Poisons permits and the provision of Regulatory approach: Poisons permits and the provision of conditions in poisons permit; possible implementation of conditions in poisons permit; possible implementation of “ chain of supervision chain of supervision ” ” principle principle “ Treatment of hazmat “ from the cradle to the grave, ” ” subject subject Treatment of hazmat “ from the cradle to the grave, to the definition of hazmat to the definition of hazmat � Business licensing regulations (Disposal of Business licensing regulations (Disposal of � hazmat waste) hazmat waste) Responsibility must lie with producer of waste Responsibility must lie with producer of waste Possible permit for reuse Possible permit for reuse Subject to the definition of hazmat (coal ash not normally Subject to the definition of hazmat (coal ash not normally defined as hazardous waste) defined as hazardous waste)
Legislation (cont.) Legislation (cont.) Planning and construction laws Planning and construction laws � � A. Regulation of production, storage and disposal Regulation of production, storage and disposal – – A. TAMA 10 (National Zoning Plan for power TAMA 10 (National Zoning Plan for power stations and national electric grid) stations and national electric grid) B. Regulation of disposal (waste disposal sites) Regulation of disposal (waste disposal sites) B. TAMA 16 (National Zoning Plan for waste TAMA 16 (National Zoning Plan for waste disposal sites) disposal sites) C. Regulation of use of raw materials for Regulation of use of raw materials for C. infrastructures – – for example TAMA 3 (National for example TAMA 3 (National infrastructures Zoning Plan for roads) Zoning Plan for roads)
Legislation (cont.) Legislation (cont.) � Regulations Regulations for Pharmacists � for Pharmacists – – Radioactive Elements and Byproducts Radioactive Elements and Byproducts 1980 1980 Permits to work with radioactive substances, Permits to work with radioactive substances, conditions of permit conditions of permit Subject to professional definitions Subject to professional definitions Amendment to the regulations (2005): fifth addition Amendment to the regulations (2005): fifth addition – exemption from application of regulations will exemption from application of regulations will – be granted, unless the material ’ ’ use could cause an use could cause an be granted, unless the material unjustified danger to humans and the environment, unjustified danger to humans and the environment, in the view of the director. in the view of the director.
Legislation (cont.) Legislation (cont.) � Laws to prevent sea pollution � Laws to prevent sea pollution Permits to dump into the sea from a land source Permits to dump into the sea from a land source � Law to maintain cleanliness � Law to maintain cleanliness Prohibition on dumping of waste Prohibition on dumping of waste Requirement to determine sites for the disposal of Requirement to determine sites for the disposal of construction waste construction waste � Law regarding conveyance � Law regarding conveyance Conveyance Services Law - - 1999 1999 Conveyance Services Law Regulation for Railroads (Conveyance of Regulation for Railroads (Conveyance of Hazardous Material) 1999 Hazardous Material) 1999
Legislation (cont.) Legislation (cont.) � Legislation in the area of work safety � Legislation in the area of work safety � Israeli Standard 5098 � Israeli Standard 5098 Radioactive elements contained in construction Radioactive elements contained in construction products products
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