Pursuant to section 66 of the Hazardous Substances and New Organisms Act 1996 (“the Act”), the Environmental Risk Management Authority issues the following notice.
N o t i c e
1. Title—This notice is the Hazardous Substances (Endosulfan Direction Prohibiting Use and Storage and Disposal Control) Notice 2008.
2. Commencement—This notice comes into force 28 days after the date of notification in the New Zealand Gazette.
3. Interpretation—(1) In this notice, words and phrases have the meanings given to them in the Act and in Regulations made under the Act.
(2) In this notice, the following words have the following meanings:
Collector means a person, other than the holder, who collects, transports or stores endosulfan, for the purpose of disposal, in accordance with this notice.
Endosulfan means endosulfan and formulations containing endosulfan.
Environmentally sound disposal means disposal in accordance with clause 6 of this notice.
Holder means a person who is in possession of endosulfan on or after the date this notice comes into force prior to collection by a collector.
4. Prohibition on use—No person may use endosulfan.
5. Storage of endosulfan—Holders and collectors must ensure that endosulfan is only stored in suitable containers and kept in buildings and places which are:
(a) secure and suitable for the purpose taking into account the quantities stored, moisture control ventilation and spill containment; and
(b) sited so that the risk of contamination of people, animals, crops and the environment is minimised.
6. Controls on the disposal of endosulfan—(1) Endosulfan may be disposed of by:
(a) treating the substance using a method that changes the characteristics or composition of the substance so that the substance or any product of such treatment is no longer a hazardous substance; or
(b) exporting the substance from New Zealand as waste for environmentally sound disposal provided that such export complies with the relevant requirements of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the OECD Decision C(2001)107 on the Control of Transboundary Movement of Wastes Destined for Recovery Operations.
(2) In subclause (1)(a), treating the substance does not include:
(a) application to or discharge to any environmental medium; or
(b) dilution of the substance with any other substance before discharge into the environment; or
(c) depositing the substance in a landfill or a sewage facility; or
(d) depositing the substance in an incinerator unless in doing so the substance is treated in accordance with subclause (1)(a).
(3) All stocks of endosulfan must be disposed of within
12 months of this notice coming into force.
7. Controls on collectors of endosulfan—(1) For formulations that have a class 3 hazard classification, a collector must comply with the controls in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.
(2) A collector must ensure that equipment used to handle the substance complies with Regulation 7 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001.
(3) A collector who handles endosulfan must comply with Regulation 8 of the Hazardous Substances (Class 6, 8, and
9 Controls) Regulations 2001.
(4) Regulation 9 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001 applies to any quantity of endosulfan.
(5) For the purposes of Regulation 10 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001, no endosulfan in any quantity may be carried on any passenger service vehicle.
(6) When stored for the purpose of environmentally sound disposal, endosulfan must not be mixed with any other substance.
(7) The Hazardous Substances (Packaging) Regulations 2001 apply to endosulfan as if they are deemed to have
a hazard classification that is class 6.1B. Transport of endosulfan by land within New Zealand shall comply with all relevant requirements of the Land Transport Rule: Dangerous Goods 2005 (Rule 45001/1).
(8) Transport of endosulfan by sea within New Zealand
shall comply with all relevant requirements of either the Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A) or the International
Maritime Dangerous Goods Code.
(9) Transport of endosulfan by air within New Zealand
shall comply with all relevant requirements of Part 92 of
the Civil Aviation Rules.
(10) The Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 apply to endosulfan stored or transported in a tank, tank wagon
or transportable container as those terms are defined in
those Regulations.
(11) The location and movement of endosulfan must be recorded in accordance with the Hazardous Substances (Tracking) Regulations 2001.
(12) The Hazardous Substances (Emergency Management) Regulations 2001 apply to endosulfan as if they are deemed to have hazard classifications that are class 6.1A and 9.1A.
(13) The Hazardous Substances (Identification) Regulations 2001 apply to endosulfan as if they are deemed to have hazard classifications that are class 6.1A and 9.1A.
Dated at Auckland this 10th day of December 2008.
For and on behalf of the Environmental Risk Management Authority:
HELEN ATKINS.