L ECTURE 4 A – D ETECTING H AZARDOUS W ASTE T RAINING WORKSHOP ON ENVIRONMENTALLY REGULATED SUBSTANCES

O VERVIEW Legal frameworks Enforcement Considerations Document review Container inspection What to look for 2

W HAT IS H AZARDOUS W ASTE ? Under the Basel Convention, hazardous wastes are: Wastes with specific toxic components: Cadmium, lead, arsenic Wastes resulting from activities known to be toxic medical care, pharmaceutical industries, photographic industries Household Waste Unusable electronics Transboundary movements of any wastes must follow Basel procedure for Notification, Consent and the accompanying Movement Document as well as any relevant national legislation. 3

W HAT IS I LLEGAL T RAFFIC ? ANY transboundary movement of wastes:  Without notification to all States concerned;  Without consent of a State concerned;  With consent obtained from States concerned through falsification, misrepresentation, or fraud ;  That does not conform in a material way with documents ;  That results in deliberate disposal (e.g. dumping) of wastes Basel Convention Parties are required to consider illegal traffic as a crime and to take action 4

B ASEL C ONVENTION R EGULATORY S YSTEM Establishment of notification procedure to ensure prior informed consent of State of import and States of transit before export of waste can take place Requirement that all practicable steps are taken to ensure environmentally sound management of waste Restriction on exports to any country not Party to the Convention ; and Duty of exporting state to re-import where export has not complied with provisions of Convention. 5

N OTIFICATION P ROCEDURE E XPORT -> I MPORT & T RANSIT Competent Authority of Export transmits a Notification Document to Competent Authority of Country of Import and Competent Authorities of all Countries of Transit. Provides detailed, accurate and complete information on waste itself on proposed disposal operation other details relating to proposed shipment. 6

C ONSENT I MPORT & T RANSIT -> E XPORT Competent Authority of Import must provide its written consent or denial to notifier. CA must confirm existence of a legally binding contract between exporter and disposer Contract must specify environmentally sound management of waste Competent Authority of Transit countries must provide written consent or denial to notifier. Countries of Transit may waive requirement of prior written consent for transit shipments if it informs all Parties through Basel Secretariat 7

M OVEMENT D OCUMENT Competent Authority of Export issues Movement Document Movement Document must accompany consignment at all times. 8

W HAT TO L OOK FOR AT E XPORT Is there a movement document? Is there an export authorization by Competent Authority? Did the export occur within the consent period? Do containers correspond to Movement Document? Number of containers Type of container Contents of container if possible to observe Is packaging intact/appropriate? 9

W HAT TO L OOK FOR AT T RANSIT Is there proof of your CA’s consent? Do you agree with observations of exporting country Customs? Are contents, quality, and packaging the same as on departure from country of export?  Has there been a change of port within the country for the transit?  Has there been a change of carrier? Is this adequately reflected in the Movement Document?  Have any containers been added to shipment?  Are quantities less than what entered originally? 10

W HAT TO L OOK FOR AT I MPORT Is there proof of your Competent Authority’s consent? Did the import occur within the consent period? Do you agree with observations of exporting country Customs? Are contents, quality, and packaging the same as on departure from country of export? Know who to contact if containers are suspected to contain illegal waste 11

T HOROUGHLY P REPARE FOR EACH I NSPECTION 1. Identify the object of the inspection 2. Identify necessary tasks and skills for conducting the inspection 3. Organize a team with appropriate skill sets and legal authority 4. Prepare any internal and/or external communications 5. Ensure necessary materials are available (reference materials, sampling tools, contact information) 6. Make adequate provisions for personal safety 12

R ISK P ROFILING TO S ELECT S HIPMENTS FOR I NSPECTION Examples of information that can be used for risk profiling: Description of the goods Value of the goods (in relation to weight) Country of destination Previous illegal activity of the operator Harmonized Commodity Description and Coding System (“HS codes”) and other Customs/waste codes Delivery conditions 13

C ONDUCTING AN A DMINISTRATIVE I NSPECTION : G OOD P RACTICES After shipment has been selected for investigation, review the shipment’s paperwork, which may include: Customs Documents Transport Documents Movement Documents Certified copy of Consent Document Notification Form Safety Data Sheets / Certificates Contracts and invoices Make copies from relevant documents (e.g., invoices, contract, packing list) 14

O BSERVED E XAMPLES OF F ALSE L ABELING 15 HS CodeDeclared asContained 3915Plastic scrapWaste plastic mixed with other waste, medical waste, household waste, e-waste, CRT monitors 7204Metal scrapWaste batteries, cables, contaminated scrap, electronic waste, CRT monitors 2420Personal goodsE-waste 8701, 8703Second-hand vehicleCFC containing fridges, e-waste 8708Engine spare partsContaminated/not cleaned engine parts 8528CRT monitorsWaste/broken monitors Mislabeling waste is most common illegal practice reported to INECE

C OMMONLY O BSERVED M ODUS O PERANDI Documentation Basel Convention Notification Procedure not complied with Deliberate and accidental mislabeling New goods, second hand goods Non-hazardous materials Generic / Non-specific labeling of waste Falsifying test certificates indicating the state of the good Packaging Mixing legal and illegal goods Shipment with 100 broken TVs hidden among 200 working TVs discovered in Germany bound for Ghana Concealment Hiding broken electronics within secondhand vehicles Hiding waste towards rear or center of container 16

C ONDUCTING A P HYSICAL I NSPECTION : G OOD P RACTICES A physical inspection or X-ray may be necessary to verify the actual load and the composition of the waste. Ensure officials have the legal authority to open the container. Take safety precautions when opening container Take photographs or videos of the contents of the container, with a timestamp if feasible. 17

C AREFULLY I NSPECT C ONTAINERS Containers must be appropriate to hazardous materials they contain: Corrosive materials should be in plastic containers/drums Solvent materials should be in metal containers/drums Verify that containers/drums have no leaks or visible spills Verify that container/drum is not bulging Verify that container/drum is not dented or mishandled Products must be kept in good condition in order to be acceptable to a lawful consignee. Inspect recently painted drums to determine whether paint covers old labels or markings 18

E XAMPLES 19 Household waste declared as paper waste Metal scrap Container of computer monitors

G LOBAL W ASTE F LOWS & H OTSPOTS 20