Lead Acid Battery Recycling Program

LEAD ACID BATTERY RECYCLING PROGRAM

ST. LUCIA TECHNICAL STUDY

Objective

The objective of this Technical Study is to :identify

mechanisms for enhanced public/private partnership in achieving the objective of sound management and recycling of lead acid batteries.

A cost effective, practical, and sustainable method to adequately address environmental and health issues associated with improper management of ULAB (Used Lead Acid Batteries).

This study is being implemented with the view to develop the following:

1. A mechanism for the sound collection, transportation and storage of used? lead acid batteries which will include:

(a) Identification of appropriate technology (b) Identification of possible locations for establishing collection centers (c) Waste management and environmental protection occupational Health and Safety (d) Cost effective collection and transportation equipment (e) Training needs for handling batteries (spill, response, etc). The emphasis will be on developing a sound and economically viable system. (f) Improved collection and retail schemes (g) A National Policy for the Environmentally Safe Management of Used Lead Acid Batteries

Methodology

 Upon completion of the desk- top study the SLSWMA sought to devise a clear strategy to collect the necessary information to advise on a National Strategy to address Used Lead Acid Batteries.

 The Authority issued advertisements and press releases informing the general public about the project and its objectives and asked that interested parties or persons directly involved in the management of used lead acid batteries contact the Authority

 The Authority in the course of its day to day monitoring administered a questionnaire to a total of 64 companies mainly garage operators to ascertain the level of awareness of the persons involved in the handling of lead acid batteries of the potential negative impact of lead on health (list names and addresses of companies in an Appendix)

1  The Authority administered one additional open ended questionnaires to two major stakeholders:

Retailers of Lead Acid Batteries list names and addresses in an Appendix Potential Used Lead Acid Battery recyclers.same

 The Authority also met formally with the three major entities involved in the collection, storage, transportation and export of used lead acid batteries.list name and addresses

 The Authority also visited all centers where lead acid batteries were stored to assess the conditions under which these batteries were being stored.list names and addresses

Situation Analysis

The first survey instituted by the Authority sought to get an overall understanding of the management of used lead acid batteries on the island. This survey took the form of a questionnaire and was administered to capture a total of sixty-four companies (see Appendix 1) consisting of garages, service station, spare parts shops as well as persons directly involved in the collection and storage of ULAB with the ultimate object of shipment to recycling centers overseas

The results of the survey indicated that the companies who generate ULAB during their day-to- day activities dispose of them in a variety of ways. The disposal mechanisms vary from disposing at the disposal sites, collection and storage for recycling, as well as giving them to the general public who in turn would utilize them in a variety of ways including as sinkers in fishing nets, as an energy source for appliances among other uses. Although the batteries are utilized within the informal sector for purposes outlined above the extent of its use cannot be ascertained. The health impact of utilising components of ULAB as sinkers for fishermen is a cause for concern because of the potential for lead poisoning. What is also clear is that if an effective collection system is implemented the proportion of batteries disposed at the disposal sites can be reduced significantly. Statistical analysis of the response rate should also be given. The analysis of the actual data from the questionnaires needs to be included and percentages given for each option. Can you provide an annual figure for receipt of ULABs at the disposal sites.

It should be noted that the main source of the ULAB at the various centers where the survey was administered are from persons who go to these various locations for service. In a large number of cases the companies asked their customers to take away their ULAB after they are replaced with new ones. Data analysis to support this statement should be provided.

The Authority also administered a smaller survey with a focus group consisting of persons who indicated in the previous survey an interest in participating in a ULAB recycling program (see Appendix 2). The focus of this study was to assess the manner in which ULAB are managed at the collection points with the view of instituting a management system for ULAB which pays due regard to health, safety and the environment and is instituted in accordance with the guidelines of International Conventions.

2 In general there are concerns about the management of ULAB at the locations were they are collected. The batteries are collected and taken to their storage areas before being drained. Whilst this is commendable there is not adequate regard to storing the batteries in a manner that ensures that the liquid from the batteries do not spill. There is no special provision made at these sites to ensure that the batteries are contained in acid resistant containers to ensure that lead from the batteries do not contaminate the environment and or pose a risk to human health.

A survey of a total of fifteen companies who indicated interest in a ULAB recovery program revealed that nine companies actually handle and store these batteries and only seven have a storage facility with an adequate ventilation system. In a number of locations where the where the ULABs are stored the batteries are open to the elements of the weather. Please identify locations. In general very little regard is paid to ensuring that the batteries are stores in a manner which does not pose a risk to health and the environment.

The results of the survey revealed the following:

 There are no existing guidelines governing the storage of lead acid batteries.

 The issues relating to the protection of the batteries from the elements, proper ventilation of storage areas to ensure that hazardous gasses do not accumulate in the room, and storage in a manner which ensures that the acid from the batteries do not spill have not been fully addressed in any of the locations surveyed

 There is no special treatment of the areas where the batteries are stored.

 The manner in which spills are managed is wholly inadequate and the responses given for the mechanisms for management of spills at the various centers surveyed includes covering with soil, leaving untreated on the ground, washing it down with dishwashing liquid or coke.

Clearly the health impact of inadequate onsite management is not given due consideration at these centers.

In the area of health and safety of workers involved in the handling of ULAB twelve of the fifteen companies surveyed do provide workers with washing and changing facilities, and eleven of these companies reported that they ensured that their employees washed their hands prior to eating.

The transportation of the ULAB to their collection center is carried out in open back trucks without adequate attention to ensuring that:

1. They are transported in an upright position and do not move during transportation

2. The batteries are transported in acid resistant and sealed containers to minimize incidences of spillage.

3 3. Persons handling and transporting ULAB use adequate PPE and are trained in spill response and emergency procedures.

4. The vehicles transporting these batteries carry clear signage informing persons that the content of the cargo is potentially hazardous.

5. That persons transporting ULAB acquire a license for its transportation and do so with due regard to set guidelines aimed at safeguarding health and the environment.

There is no existing formal arrangement between the companies collecting the batteries for recycling and the various centers that handle ULAB. The potential for increased collection of ULAB through the development of positive partnerships with these agencies is tremendous. As a basic premise, the participation of the consumers is the cornerstone for the implementation of all programs. Therefore, consumers should be informed about the fact that used lead acid batteries are recyclable, what the procedures are for returning the used battery to the retailer, how the used batteries are stored while waiting to be dispatched to the collection center, and where the collections centers are located;

All of the companies who have attempted to institute a ULAB recovery program have indicated the need for technical assistance in the handling and management of ULAB. The nature and extent of this support varied from company to company, they have requested assistance in the area of marketing, in the setting up the entire operation as well as financial assistance in the form of government concessions. However it should be noted that all companies involved in the recovery of ULAB have expressed the need for technical assistance in the treatment of the acid from the batteries. Prior to the initiation of this study at least two companies had approached the SLSWMA for support in this regard. Whist all the various categories of assistance mentioned previously are important what is clear however is the dire need for technical assistance in the handling and disposal of the byproduct of the acid neutralization process.

One company have instituted a process of neutralizing the acid from the batteries, unfortunately the byproduct of this process is being disposed in the city drain within the vicinity of their operation. Another company because of the lack of storage space has shipped the ULAB with the acid contained within them.

To ensure the environmentally sound management of the ULAB, a number of control measures needs to be instituted both at the collection and storage points. Additionally there is a need to ensure that health and safety issues are addressed during collection, transportation and storage. Before reaching the recycle plant, used batteries must be collected, transported and stored with proper care, in order to avoid adverse health effects and environmental contamination. It is therefore important that some mechanism to address the handling and transportation of ULAB be implemented in the case of all companies involved in the collection, storage and shipment of ULAB to recycling centers. The environmental management standards at the centers where these ULAB are shipped are also unknown. It is therefore important that this be ascertained to ensure that ULAB is not being shipped to countries which do not possess the capacity to adequately manage ULAB.

4 A number of possible locations for establishing collection centers on the island have been identified. The names of these businesses, their addresses and telephone numbers are listed in Appendix 3. All of these entities have expressed interest in establishing collection centers at their business. These companies consist primarily of auto repair service centers, retailers of vehicular parts and gas stations. In order to ensure that entities involved in the management of ULAB pay due regard to Health and the Environment they should be licensed to collect and temporarily store used lead-acid batteries, provided they have appropriate storage place then clear technical guidelines must be established to govern the operations of these entities.

Recommended Mechanisms for the collection, transportation, storage and export of ULAB

The premise upon which these recommendations are made is that the island of St Lucia has recognized that the most appropriate mechanism for the management of ULAB is collection and storage for export to recognized recycling centers.

Collection

It is therefore clear that there exists a need to establish collection centers islandwide in order to facilitate this initiative. The location and accessibility of these sites are important to increase the convenience of collection stations thus resulting in higher participation levels. The collection of ULAB can best be maximized by the establishment of collection centers in areas where ULAB are purchased and or vehicles serviced. It is believed that by establishing at least five centers on the island primarily on the premises of large generation points which possess the space required to institute this system in a sound environmental manner.

The rationale for the establishment of a collection system is as follows:

It was reported by the Ministry of Communications, Works, Transport and Public Utilities that the total number of vehicles in the island as at June 2002 was 36,783. (see Appendix 4) It is assumed that the average life of a battery in St Lucia is 21 months. This means that annual generation rate of ULAB is approximately twenty thousand (20,000). It is expected that with a twenty percent capture rate in the first year at least 4000 batteries can be collected on an annual basis. This is expect to increase steadily so that by the end of the fifth year the capture rate is expected to grow to at least eight thousand batteries.

Whilst voluntary compliance is preferred it is believed that some requirement that persons who sell LAB put or cause to be put a mechanism for its collection at the end of its useful life is important to safe guard health and the environment.. The implementation of a deposit refund system to encourage return of these batteries should also be considered. The main selling points to be utilized to encourage the potential collection stations to participate the following points are as follows:  Participation should increase consumer traffic at the establishment and therefore boost business

5  Participation can increase customer goodwill It is also important that the responsibility of managing a collection center be clearly explained to potential collection centers. It is recommended that strict operational guidelines be instituted at all centers where batteries are collected. They are as follows:

 Batteries should not be drained at collection points since the drainage of the liquid may pose several threats to the human health and to the environment.

 Batteries must be stored under safe conditions at collection points. The following guidelines should be adopted when storing batteries:

- Leaking batteries must be stored inside acid resistant containers otherwise they will contaminate the environment and may cause health damage; - The storage place must be sheltered from rain and other water sources, be equipped with a water collection system, and also, if possible, located away from heat sources; - The storage place must have a ground cover, preferably acid resistant concrete or any other acid-resistant material, that may retain any leakage and direct it to a collecting container from where it can be removed afterwards; - The storage place must have an exhaust ventilation system, or simply a fast air renovation, in order to avoid hazardous gas accumulation; - The storage place must have a restricted access and be identified as a hazardous material storing place;

 Collection points must not store excessive amounts of used batteries: Even after creating a protected storage place, a collection point should not store a larger number of used batteries than can be safely accommodated within the designated storage space. The right storage amount will depend on the trade rate of the establishment as well as the frequency of collection by the recycling company. The batteries should be collected frequently enough to prevent overcrowding and the storage place must be specifically dimensioned to provide enough space for specific demands. The storage of large amounts of used batteries, or for too much time, increases the risk of accidental spillage or leakage and this must be avoided. Specific sizes of areas and numbers of types of batteries recommended would strengthen this recommendation.

 Collection points must have a fire and emergency management plans in place to prevent fire hazards and respond effectively to emergencies

 All prospective collection centers must be adequately prepared to ensure a smooth operation of the collection center.

 All collection centers should be required to maintain records of how many batteries are collected their physical condition as well as who hauled it.

6 Transportation

The main problem associated with battery transportation is the electrolyte, which may leak from used batteries. Additionally in the area of export it is necessary that mechanisms be instituted to ensure that the trans-boundary movement of ULAB pays due regard to the requirements of Basel. It is imperative that environmentally unsound destinations be prohibited as this is a requirement of the Basel Convention to which St Lucia is a party.

To address these concerns it is therefore recommended that a number of strict guidelines be instituted for compliance by all agencies transporting ULAB.

 Used batteries must be transported inside acid resistant containers: no matter what transportation mechanism is used ULAB must be transported inside sealed containers due to the risk of leakage, which may be high even if the batteries are appropriately transported in an upright position. The transport may displace the batteries from their original positions, resulting in either box breakages or turning them upside down, which will certainly leak the electrolyte content.

 Containers must be well packed for transportation: containers should not be allowed to move while being transported. Therefore, they must be bound or stacked properly to avoid this problem.

 Specific equipment: a minimum set of equipment necessary to absorb any spillage or leakage should be provided and the transport team trained on how to use it;

 An emergency response team should be established to facilitate quick and effective response to large spills. It is recommended that the SLSWMA and the NEMO collaborate in this initiative.

 Drivers and auxiliaries should be trained: people dealing with ULAB should always be trained in emergency procedures, including spilling and how to contact emergency response teams. Besides this, they should be aware of the hazards associated with lead containing material and how to deal with the material. They should also be required to prepare an accident/incident form in the event of any mishap.

 Personal protection equipment: PPE should be provided for the transport team and they should be trained in the use of the equipment, in case of any accident.

 ULAB should be transported in the truck bed of a pickup truck or skip truck. The vehicles used to transport ULAB should be properly ventilated and should not be transported in a manner that will allow fumes from the batteries to enter the passenger compartment of the transport vehicles.

 Transport schedule and map: if possible vehicles transporting ULAB should always choose routes that minimize the risk of possible accidents or other such problems. It is

7 therefore suggested that as far as possible they follow a certain predefined path and restrict themselves to a known schedule.

 Vehicles transporting ULAB should be clearly marked with warning marks and phrases to convey that the items being transported can pose a risk to health and safety.

 All vehicles used to transport ULAB should be equipped with a communication devise such as cellular phones in order to be able to contact appropriate authority. In the event of a spill drivers should give immediate notice to their office and the SLSWMA.

 Haulers of ULAB should have valid drivers licenses and be required to maintain regular records of ULAB collected, delivered and handled (see Appendix 6).

Storage

After being transported, in addition to the guidelines established at the collection points the following additional requirements should be instituted at the locations where these batteries are stored.

Batteries should be drained and prepared for recycling: better recycling rates and less environmental problems are created by recycling drained batteries. Therefore, they should be drained, the electrolyte neutralized and the residue sent to a treatment center. The batteries will then be stored in a properly ventilated area prior to shipment for recycling.

Systems to minimize and manage spills must be instituted at all locations where ULAB are collected and stored

The use of safety procedures and guidelines for the management of ULABs will help to avoid spills and other types of emergencies. However, while safety measures are taken, spills and other emergencies cannot be entirely avoided. Accordingly, contingency measures should be in place in order to efficiently and effectively deal with emergencies. It is therefore required that spills be cleaned up immediately. If not removed quickly, the floor may absorb the spilled chemical from the batteries. Floors therefore need to be made of impermeable (sealed) concrete or other non-absorbent material.

Emergency response equipment should always be readily available at the storage facility, as spills and other uncontrolled release of chemicals are bound to happen, even in the best-run storage facility. In the event of a spill or any similar emergencies, as a minimum, the following equipment should be kept in good standing and working order in the storage facility so that they can be readily available.

 Thick impermeable sheeting on floor if surface is not concrete;  Floor dunnage (bricks, timber);  Wooden pallets;

8  Entrance door with secure lock to prevent unauthorized entry;  Bars across windows and ventilators to prevent unauthorized entry;  Sufficient stock of containers, absorbent sand, sawdust, dry soil or other equivalent absorbent material;  Shovel, spades, etc.;  Long-handled brush with stiff bristles;  Water supply, or container of water with soap;  Detergent solution;  Fire fighting equipment including fire extinguisher, and fireproof blanket;  Self adhesive warning labels for marking containers;  Protective clothing for staff

All these equipment should be kept at a location in the facility, out of the way, and separate from the storage areas, but quickly and easily accessible in order to facilitate emergency responses.

There should be protective clothing available for all staff. Safety is paramount in the operation of a storage facility for hazardous materials. In general, protective clothing should include the following:

 Helmet or cloth cap;  Safety spectacles, goggles or face shield (attached to helmet);  Dust or light fume masks;  Emergency vapour masks or half-face and/or full-face respirators  Neoprene gloves and strong rubber boots.  Overalls.

In emergency cases, first aid equipment should also be readily available to mitigate injuries, chemical spills or other forms of exposure. As a minimum requirement the emergency first aid equipment should include:

 First aid kit;  Stretcher and blanket;  Eyewash set (portable)

Establish guidelines to be followed by all importers prior to shipping the batteries and the best procedure for disposal of the waste generated.

The following is proposed as the procedures which must be followed by any entity involved in the shipment of ULAB. In order to ensure compliance to the Basel Convention as well as ensure that this activity is undertaken with due regard to procedures governing the movement or disposal of hazardous waste, prior to shipping the batteries (Appendix 7).

9 STEP 1

Check with the competent Authority to ascertain whether the intended movement can be carried out in accordance with the Basel Convention and the national legislation of the countries:

 Is the state of import a party to the Basel Convention or has it concluded bilateral, multilateral or regional agreement or arrangement with the St Lucia ?  Has the state of import generally prohibited the import of such ULAB?  Can the ULAB be utilised as raw material in the state of import.  Will the movement be carried out in an environmentally sound manner?  Will the plant accepting the ULAB manage the material in a manner which pays adequate regard to health and the environment

STEP 2

Contact the competent authority of the State of export:

The party exporting will also be required to contact the competent authority of the state of export in order to get the notification, movement of document and all other relevant information concerning the notification and tracking procedures.

STEP 3

Conclude a contract:

 Prior to shipment the shipper would be required to provide evidence that a contract exist between he/she and the recycler (Appendix 8).

STEP 4

Arrange the financial guarantees and insurances:

 The shipper would also be required to provide evidence to substantiate that the necessary financial guarantees and insurances for the movement of ULAB if required by the national legislation of the countries concerned is in place. Some countries may require the financial guarantee to cover the cost of any necessary re-import and alternative disposal operations should the need arise. Additionally, they may require separate insurance against damage to third parties, held as appropriate by the exporter, carrier and the recycler.

STEP 5

Acquire all necessary information:

10  The shipper would be required to ascertain that all information required to fulfill the guidelines stipulated by the Basel Convention has been acquired.

STEP 6

Complete the notification:

 Complete the notification of shipment of ULAB carefully in accordance with the instructions of the Basel Competent Authority in St Lucia  The notification may cover several shipments of ULAB over a maximum period of one year, if it is intended to be regularly shipped to the same recycler via the same customs offices for entry and exit  The notification must be completed in language acceptable to the competent authority of the State of import.  Make the necessary number of copies of the completed notification. The exporter should sign each copy of the notification.  Prepare signed copies for:

(a) The competent authority of the State of export; (St Lucia) (b) The competent authority of the State of import; and (c) The competent authority of each State of transit, if any. (d) The focal point for the state of export

STEP 7

Send the copies of the notification to the competent authority of the State of export:

 Provide all copies of the notification to the competent authority of state of export at least one month before the intended date of the first movement of ULAB. The competent authority of the State will forward the notifications to the other competent authorities concerned.

STEP 8

Provide additional data and information:

The person shipping the ULAB would also be required to:

 Provide any additional data requested by the competent authorities.  The exporter is to receive a reply in writing from the competent authorities of the States of import and transit. When having received such replies, it is advisable to check if the competent authority of the State of export has received a copy of the reply. If not, a copy of the reply should be forwarded to the competent authority of the State of export.

STEP 9

11 Wait for the authorization from the competent authorities:

 The movement of waste may commence only upon receipt of the authorization by the competent authorities of the State of export consenting to the movement. This authorization can be given only if the competent authority of the State of import has issued its written consent to the movement and the competent authorities of transit, if any, have consented to the movement in accordance with the Basel Convention.

Identify and design the necessary appropriate formats for, data collection and reporting, and the development of a monitoring and evaluation system needed to ensure that there are adequate management controls in place.

Even after implementing the best technologies and safety procedures the program requires permanent monitoring. Monitoring the program does not only provide a clear picture of the program’s performance but also correctly identifies the defective steps in the recycling chain, provides concrete data in order to improve the process, and increase the degree of environmental and human health protection.

In monitoring the program it will be possible to put adequate control measures in place. This will help to ensure that operational mistakes and accidents are minimized. It also provides a simple set of instructions, which if followed, would decrease significantly the risk of environmental contamination. The following are some of the aspects of the ULAB collection, storage and export for recycling program which must be monitored to ensure that stakeholders achieve good environmental control practices:

 Personal protection equipment: all workers must have their own PPE, to suit their specific requirements. They must also be trained to use them properly according to the manufacturers specification.

 Air filtering system: it should be as close as possible to the ventilation area and all extraction systems should be a closed system to avoid dust release.

 Work practices: some working policies should be adopted and the workers trained to follow them, in order to decrease the health contamination risks: - Prohibit smoking in the working place; - Segregate the work and eating areas; - Enforce showering at the end of work; - Change out of work clothes before going home; - Change and launder work wear daily; - Check and clean respirators daily.

 Apart from ensuring that there are adequate environmental measures in place, it is important that a monitoring and evaluation system to ensure that adequate management controls that are in keeping with the Basel Convention are implemented. This is because St. Lucia does not have any appropriate means of recycling the lead acid batteries and these batteries would have to be exported to a foreign country.

12 Identify and design appropriate public education programs to inform the general public on the occupational health, safety and environmental issues related to improper disposal of lead- acid batteries

The commitment of businesses and residents is very crucial for the successful execution of this program therefore it is important that a program be put in place to educate the public about this initiative. Extensive public education and awareness activities should be undertaken targeting the various stakeholders. This should include:  Education workshops targeting persons involved in the collection and storage of ULAB as well as service stations and vehicle parts dealers.  The collectors of ULAB should also be required to inform the local community through their public awareness campaigns of the existence of this initiative.  Brochures specifically focused on lead-acid battery recycling, should be developed and distributed to the targeted sector of the population. The brochures should be both educational and promotional teaching proper management techniques and publicizing local collection programs and its environmental and health benefits  Radio and television Public Awareness Programs informing persons of the negative health and environmental impacts of improper management of ULAB  Documentaries using examples in the region to highlight the negative impact of lead on health should be prepared and disseminated  Identification of all collection points with posters and bill boards promoting the program  Distributing letters to persons in communities seeking their participation in this program. The SLSWMA waste contractors could be utilized in distributing these letters  Where possible the Basel Focal Point and the SLSWMA should generate news coverage of the programs through announcements of special events and progress made by sending out press releases and calling reporters to inform them of developments as they occur.

Make recommendations to Ministry of Planning on the institutional, policy and legislative framework required to develop a comprehensive programme for the environmental sound management of lead-acid batteries.

To ensure the successful running of this program a legislative framework needs to be put in place. Some recommendations that can be made to the Ministry of Planning on the institutional, policy and legislative framework required to develop a comprehensive program for the environmental sound management of lead acid batteries are summarized below:

 Legal prohibition of disposing batteries with municipal waste, in landfills or through incineration;  Obligation of retailers and wholesalers to receive used batteries when a new one is bought;  Mandatory dissemination by traders of information and programs to encourage recycling of batteries;  Compulsory deposit by consumers of an amount in money if the used battery is not returned when a new one is acquired;

13  Combat of any activity involving lead-acid batteries that has not been duly licensed and/or inspected by environmental and labor agencies;  Renewable licenses for all activities involving the handling of lead scrap;  Limit the amount (e.g. 1,200 batteries) and storage period (e.g. 120 days) of batteries, so that it will not be classified as storage of hazardous wastes, an activity requiring licensing or authorization;  Creation and maintenance of a national register of entities involved in the recycling of lead-acid batteries (retailers, wholesalers, distributors, large scrap traders, battery manufacturers, importers and exporter;

The legislative requirement to enforce compliance to any measures instituted is also required. To date the GOSL have prepared draft legislation which speaks to more effective management of Hazardous Waste both on island and during its Trans boundary movement (See appendix 9).

Identify and recommend suitable economic instruments and their mechanism for implementation which are relevant to local conditions and will serve to enhance and encourage practicable forms of public/private partnership.

The recycling process is an essential element in sustainable development and provides rational uses for scarce, or potentially scarce, natural resources such as lead. There are strong advantages in the recycling process:  Extension of natural resources lifetime – although there are undiscovered ore deposits all over the world, they are all ultimately finite and this limit is linked to its usage rate. Therefore, recycling processes extend the lifetime of these deposits;  Reduced monetary costs – secondary materials provide means of monetary economy by: (a) being cheaper processes than primary minerals recovery; (b) reducing the dependence on imported materials; (c) reducing the investment cost of equipment; and (d) reducing the waste production, especially the primary extraction waste;  Energy conservation – since few metals occur in nature as readily usable forms, the recycling processes allow the production of metals with about 25% or less of the primary metal processes requiring energy intensive procedures which usually depend on fossil fuels. As in furnaces for example, the recycling processes provide means of pollution reduction.

Beside these aspects which are applied for all metal recycling processes, lead itself has some other important factors that make recycling even more environmentally sound:

 Large recyclability – the fact that lead has a low melting point and it is easily refined from scrap increases its recyclability, i.e. the relatively technical ease of feasibility of lead isolation from scrap and reintroduction into the raw material stream.  Large market – lead enjoys a large market depending on the country of export.

From the above points, it is clear that destinations such as landfilling, incineration and others cannot be considered as an environmentally sound management of lead wastes, not only for economic reasons but also for health and environmental reasons. These are strong and

14 compelling reasons to seek government support in the implementation of financial measures to encourage the recycling of ULAB.

It is clear that shipment of ULAB for recycling is a technologically viable answer to the problem of improper disposal at the end of its useful life. If it is properly applied and controlled this is definitely an economically viable and environmentally sound solution. Therefore, lead recycling should be pursued as an optimal solution to the environmentally sound management of lead-acid batteries. To this end it is important that Basel Focal Point and the Competent Authority make the necessary representation to the government of St Lucia in this regard.

The entities interested in this initiative should be required to submit detailed proposals highlighting their operational procedures as well as the support required from government. The Competent Authority and the Basel Focal Point would review these proposals to ensure that they meet the necessary requirements as stipulated in local legislation and the Basel Convention and make appropriate recommendations to Cabinet.

Work with other regional entities in developing expertise related to the monitoring of the transboundary movement of spent lead acid batteries.

Given that St. Lucia currently does not have any appropriate means to dispose lead-acid battery wastes, the island will be required to export their lead acid batteries to another country for recycling. It is therefore necessary that prior to shipment St Lucia ascertains whether the country of import is equipped with the necessary facilities and the plant to which it is exported operates in compliance with good environmental practices as well as the Basel Convention.

The requirement that all agencies involved in the handling of ULAB do so with due regard to national laws and the Basel Convention represents new norms, rules and procedures governing the movements and disposal of hazardous wastes, including the waste from lead-acid batteries, at international as well as national levels. It is proposed that St Lucia seeks to establish bilateral, multilateral or regional agreements with states where ULAB are exported provided that such agreements are compatible with the environmentally sound management of hazardous wastes and other wastes as required by this Convention.

In addition, St Lucia should notify the Basel Secretariat of any such agreement that they enter into regarding transboundary movement of hazardous waste, for the purpose of controlling transboundary movements of hazardous wastes and other wastes which take place entirely among the Parties to such agreements.

Furthermore, each shipment of ULAB should be accompanied by a movement document from the point at which a transboundary movement begins to the point of disposal. A copy of this document can be found in (Appendix 7)

Develop a ‘train the trainers’ program to facilitate the implementation of the proposal. In order to institute a ULAB battery recycling initiative it is important that personnel of entities involved in the handling of ULAB be trained in the management of the acid as well as

15 appropriate disposal requirements for the byproduct of the neutralization process. Once this is done a number of other training programs will be initiated, these will include the following:

A training program for all workers who are involved in the handling of lead-acid batteries. Workers would need to be trained properly since the ULAB if not properly managed may pose several threats to human health and to the environment. They would also have to be trained to deal with accidental spillage. Spills may be unavoidable, even under the best management however they must be cleaned up immediately because untreated spills may contaminate employees and may produce toxic fumes; therefore it is very important that employees are trained to deal with spills. Workers would need to use safety equipment properly and cautiously. It would therefore be very necessary to train workers to develop the skills needed to operate these equipments. To this end the Basel focal point in collaboration with the agencies involved in the management of ULAB should institute training programs to address these concerns.

16 APPENDIX 1

SURVEY ADMINISTERED TO MAJOR STORAGE AND COLLECTION CENTRES

17 USED LEAD ACID BATTERY QUESTIONNAIRE

1. What is the name of your company/institution?

------

2. What is your position in this company? ------

Where is the company located? ------

Tel: #------Fax #------E-mail ------

3. Is your company involved in the retail or use of lead acid battery? Yes No

4. Does your company utilize lead acid battery during its operations? Yes No

If yes: State the type/make of batteries. ------

5. How many batteries are used per annum from this centre? ------

6. How many batteries are sold per annum from this centre? ------

7. Are used lead acid batteries collected at this centre? Yes No

8. Are used lead acid batteries stored at this centre? Yes No

If Yes:

a) How are the lead acid batteries collected? ------

b) How are the lead acid batteries stored? ------

c) How are the lead acid batteries disposed? ------

------

9. Are the batteries transported for:

 export? Yes No

 treatment centre? Yes No

18 If yes:

Is the battery electrolyte drained and treated prior to transportation for export?

------

10. Are used batteries reconditioned at your establishment? Yes No

If Yes:

a. How many batteries per annum are repaired at this center? ------

b. What repair technology is utilized for the purposes of repairing?------

------

11. How and where are the defective plates:

i. Stored ------

ii. Recycled ------

iii. Disposed ------

iv. Transported ------

12. If yes, in the events of spills, how are they contained? ------

------

13. Are used batteries exported for recycling? Yes No

If Yes:

a) What countries are the batteries shipped to? ------

b) What method of shipment is used? ------

c) What precautions are taken for the trans boundary shipment of used batteries?

------

19 14. Would your establishment be interested in getting involved in a lead acid battery recycling collection? Yes No

15. Would your establishment be interested in getting involved in a lead acid battery recycling export operation? Yes No

If Yes:

a) How would you like to get involved?

------

b) How much storage area (sq. ft.) are you prepared to allocate to this operation?

1. Location ------

2. Area ------

16. Do you need any assistance in setting up a lead acid battery recycling operation?

Yes No

If Yes:

In what areas would you require this assistance?

------

17. Do you believe that persons interested in a battery recycling operation should be given encouragement and assistance? Yes No

20 APPENDIX 2

SURVEY ADMINISTERED TO COMPANIES INVOLVED OR INTERESTED IN A ULAB RECYCLING PROGRAM

21 APPENDIX 3

LISTING OF COMPANIES WHO EXPRESSED INTEREST IN PARTICIPATING IN ULAB RECYCLING PROGRAM

22 APPENDIX 4

NUMBER OF VEHICLES IN ST. LUCIA PER CATEGORY AS AT JUNE 30, 2002

23 APPENDIX 5

ACCIDENT/INCIDENT REPORTING

24 Accident/Incident Reporting:

Date and time of Name of Person(s) Involved: Check One: Incident: Employee Visitor Facility: Immediate Supervisor: Supervisor's Phone Location of Incident: Number:

List operating personnel and witnesses:

Describe the nature of the accident/incident (Please attach additional paper if necessary):

Describe the task the employee was performing (or intended to perform):

Describe how the accident/incident occurred (include sequence of events and extent of damage):

Was task specific training conducted, including the communication of all safety procedures provided, prior to job assignment? (Explain training provided for job)

Was there a source (object or substance) or pre-existing hazardous condition responsible for the accidentlincident? (Identify source and explain)

Was personal protective equipment required for the task? If so, please list what personal protective equipment was required for the job. Was the required personal protective equipment worn during the task?

What corrective action(s) has/have been or will be taken to prevent a similar occurrence from occurring in the future?

Date of Proposed Corrective Action Implementation: I Date Corrective Action Completed:

Investigated By: I Date: I Reviewed By: I Date:

25 APPENDIX 6

EXAMPLES OF WASTE MANIFEST AND INVENTORY REPORTING FORMS

26 APPENDIX 7

BASEL TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE NOTIFICATION DOCUMENTS

27 INSTRUCTIONS FOR COMPLETING THE NOTIFICATION

Who must provide the information?

The exporter or other body taking care of the duty to notify (generator/State of export) is to complete blocks 1-23.

The competent authority of the State of transit is to complete block 24 (under the OECD and the EC System, the competent authority of the State of import is to complete block 24).

Blocks 25 and 26 are for use by the competent authorities of the States of export, import and transit when issuing decisions on the proposed transboundary movement of waste.

Recommendation on the circulation of the notification

In the following, a recommendation is presented on how the notification should be circulated in order to appropriately enforce the Basel Convention (although all of the actions are not explicitly required by the Convention). Notification is normally issued by the competent authority of the State of export. The competent authority may print a code number on the notification form which is unique to the proposed movement of waste. The use of a unique preprinted form number is advisable for administrative purposes, in order to avoid double numbering or misprints.

On completion of blocks 1-23, the exporter makes the necessary number of photocopies of the notification, each of which is signed individually. Although the Basel Convention requires only one form to be sent to the States concerned, for practical reasons it is recommended that the exporter prepares:

· two signed copies for the competent authority of the State of export; · two signed copies for the competent authority of the State of import; · three signed copies for the competent authority of each State of transit, if any.

28 The exporter sends all the signed copies to the competent authority of the State of export, who transmits the notifications to the other competent authorities concerned. It is also recommended that the exporter sends a copy of the notification to the disposer for information.

The competent authorities of the State of export and the State of import use

· one copy to provide the consent for the proposed movement of waste (original with block 25 completed, to be sent to the exporter/generator and a copy of it to the competent authorities of other States concerned), and · one copy for filing.

The competent authority of the State of transit uses

· one copy for providing an acknowledgement (original with block 24 completed, to be sent to the exporter/generator and a copy of it to the competent authorities of other States concerned), · one copy to provide the consent for the proposed movement of waste (original with Block 25 completed, to be sent to the exporter/generator and a copy of it to the competent authorities of other States concerned), and · one copy for filing.

It should be noted that some countries also wish to check the contents of the movement document in advance. In such a case, a movement document, completed as far as possible at the time of notification, shall be provided to the competent authority along with the notification.

Specific Instructions

The Basel Convention does not explicitly require the blocks that are shaded grey to be completed. This information is required under the OECD or EC systeml, 2, or may otherwise be considered valuable information by the competent authorities.

29 The notification number on the top right of the form may be provided by the competent authority when issuing a notification according to its own system. This number will be preprinted on the form.

The notification shall be completed in language acceptable to the competent authority of the State of import.

Block 1: Provide the full name and address, telephone and telex or telefax number of the exporter, and the name, address, telephone, telex or telefax number of the person who can be contacted at any time in relation to any incident during movement of the consignment. In this block, the reasons for export of the waste are also given.

Block 2: Provide the full name and address, telephone and telex or telefax number of the importer concerned with the proposed movement, and the name, address, telephone, telex or telefax number of the person who can be contacted at any time in relation to any incident during movement of the consignment. Normally, the importer would be the disposer identified in block 8. In this case enter the words "Same as block 8". Where this is not so, both blocks 2 and 8 need to be completed.

Block 3: This block indicates the type of notification in question. Provide A) whether the notification is intended to cover one shipment (single movement) or several shipments (general notification), and B) whether the waste is destined (i) for a disposal operation without recovery (Annex IV A of the Convention), or (ii) for a recovery operation (Annex IVB of the Convention). The information required by point C) concerning the pre- authorized facility, although useful, is not required under the Basel Convention. It is to be completed as part of the OECD System 1.

Block 4: Provide the total intended number of shipments for the period of time over which waste is to be exported.

Block 5: Provide the estimated total quantity and the estimated quantities for each individual shipment, preferably in kilogrammes or, if not otherwise possible, in litres. Some countries may always require the weight to be given. It should be noted that, because of practical difficulties in estimating quantities or the expected dates of each shipment at the time of notification, a number of countries do not·, in practise, require those quantities or dates to be indicated on the notification.

30 Block 6: Provide either the expected date(s) of each shipment or, if this is not known, the period of time over which the waste is to be exported.

Block 7: Provide the full name and address, telephone and telex or telefax number of the carrier and the name, address, telephone, telex or telefax of the person to be contacted at any time in relation to any incident during movement of the consignment. If more than one carrier is involved, enter the words "See attached list" and append a list giving the information required for each carrier.

Black 8: Provide the full name, address, telephone and telefax or telex number of the disposer and the name, address, telex or telefax number of the person to be contacted. Provide the information on the actual site of disposal, if it is different from the location of the disposer.

Block 9: Provide the method(s) of disposal (see the reverse side for codes) and also a description of the technology employed and the soundness, from an environmental point of view, of the method(s) followed. Attach additional information if necessary.

Block 10: Provide the full name and address, telephone and telex or telefax number of the generator of the waste and the name, address, telephone, telex or telefax of the person to be contacted at any time in relation to any incident during movement of the consignment. Additionally, provide information on the process by which the waste was generated and the site of generation. If the generator is the exporter, write in the block "Same as block i". When the waste is produced by more than one generator, enter words "See attached list" and append a list providing the information required for each generator. Some countries may accept that the information concerning a generator of the waste is given in a separate Annex, which would be available to Competent authorities only.

Block 11: Provide the proposed mean(s) of transport (see the reverse side for codes).

Block 12: Provide the proposed packaging type(s) (see the reverse side for codes).

Block 13: In block 13(1), provide the names by which the waste is commonly called, the chemical names of the constituents and their

31 concentration.

In block 13(ii), indicate any special precautions concerning the consignment, for example, producers handling instructions for employees, health and safety information, including, among other things, information on dealing with spillages, and transport emergency cards. Annexes should be used if necessary.

Block 14: Indicate the physical characteristics of the waste at normal temperature and pressure (see the reverse side for codes).

Block 15: Provide the waste identification code by which the material is designated in the country of export and, if known, in the country of import. If appropriate, provide the designation of the waste according to an adopted uniform classification code such as the International Waste Identification Code (IWIC), the European Waste Catalogue (EWC) code, the Harmonized System (HS) code or any other code (to be specified). It should be noted that the use of these codes is not specifically required by the Basel Convention. However, many countries require some of the codes to be used.

Block 16: Refers to OECD classification, which is required to be checked only for wastes going to recovery facilities under the OECD system 1. This is not required under the Basel Convention. However, competent authorities of OECD Member Countries may require the classification to be used also in the case of movement from or to a non-OECD country.

Block 17: Provide the Y number(s), which accord(s) with "Categories of wastes to be controlled", and "Categories of wastes requiring special consideration" given in Annexes I and II of the Basel Convention (See Appendix 2 of this Instruction Manual).

Block 18: For wastes listed in Annex I of the Convention, provide the H number(s) (see the reverse side for codes), which corresponds to the "List of hazardous characteristics" given in Annex III of the Basel Convention (See Appendix 3 of this Instruction Manual).

Block 19: Provide the UN identification number (i.e. 4 digit numbers), including proper shipping name, and, for wastes listed in Annex I of the

32 Convention (Y1 - Y45), UN class (see the reverse side for codes). These codes are given in the UN Recommendations on the Transport of Dangerous Goods. The UN Recommendations provide conditions under which wastes are suitable for transportation internationally.

Block 20: In the left-hand block, provide the name of the State of export, or the code for the country by using the OECD code and ISO Standard 3166 abbreviations (see Instruction Manual for the codes). Provide also the name, address, telephone and telefax/telex number of the competent authority of the State of export, the name of the border crossing or port and the customs office as the point of entry to or exit from a particular country.

In the three middle blocks, provide the corresponding information on the States of transit in the order of transport. If more than three States of transit are involved, provide the required information on those States in an annex to the notification.

In the right-hand block, provide the corresponding information on the state of import.

Block 21: Completion required for consignments entering, passing through or leaving Member States of the European Community. Not required under the Basel Convention.

Block 22: Specify the number of annexes attached. Annexes may refer to, for example, the list of several carriers (block 7) or generators of waste (block 1 O), as well as information on the method of disposal, the contract between the exporter and disposer and on the financial guarantees or insurances provided for the transboundary movement of waste.

Block 23: Both the generator and exporter of the waste shall sign and date each copy of the notification before it is forwarded to the competent authority of the State of export. The name of the authorized representative of both the generator and the exporter should also appear in capital letters to accompany the signature. It should be noted that in practice a number of countries request only the exporter to fill in the declaration, because of the practical difficulties they may encounter in requesting a number of generators to fill in the declaration.

It should be noted that by signing the declaration, the exporter and/or

33 generator certifies that the information is complete and correct and that there is a valid written contract between the exporter and the disposer, and that the required financial guarantees are or shall be in force covering the transfrontier movement. The proof of insurance and information concerning the contract between the exporter and disposer and, if requested by the competent authorities, proof of other financial guarantees shall accompany the notification.

Block 24: For use by the competent authority that is to acknowledge receipt of the notification. Under the Basel Convention, it is the responsibility of the competent authority of transit to issue an acknowledgement. Under the OECD System1, as well as normally under the EC System2, the competent authority of the State of import is to issue an acknowledgement.

Block 25: For use by the competent authority of any concerned country when providing written consent to a transboundary movement of hazardous wastes. Indicate the name of the country, the date of consent and the date on which it expires. If the movement is subject to specific conditions, place an (X) in the appropriate box and complete Block 26 on the reverse side of the form, or use a separate sheet of paper.

When objecting to a movement, the competent authority may wish to write "OBJECTION" in block 25. Block 26, or a separate sheet of paper, may be used to explain the objection.

Block 26 (Reverse side of the form): This block can be used by competent authorities, instead of a separate sheet of paper, when providing specific conditions for their written consent to the movement or to explain their objection to the movement.

34 APPENDIX 8

BASIC ELEMENTS OF A CONTRACT

35 BASIC ELEMENTS TO BE INCLUDED IN THE CONTRACT BETWEEN THE EXPORTER AND THE DISPOSER

Contracts for the shipment of waste destined for disposal operations should clearly set out the rights and obligations of each party and demonstrate a positive and mutually responsible approach. The objective is to have a contract that is acceptable, clear, workable and fair to both parties.

It should be noted that a contract shall normally be concluded before the notification is provided and the competent authorities have issued their authorizations to the movement of waste. Therefore, the contract concluded at that stage should include a caveat "subject to authorisation", in order to avoid possible practical trade problems in case the proposed movement of waste will not be permitted by the competent authorities.

The following elements should be considered for inclusion in the contract.

NOTE: National regulations may lead to different requirements with regard to the contents of the contract.

1. SCOPE OF DISPOSER'S SERVICES

Specify that the disposer will accept the waste in question, providing that the transboundary movement meets certain agreed on quality requirements (within agreed levels of tolerance) described in section 4. Specify that waste disposal facility is authorized or permitted to handle waste.

2. TERM OF CONTRACT

Specify the time period of the contract and, if appropriate, the frequency of shipments.

3. WASTE MATERIAL AND METHOD OF DISPOSAL

Provide a description of the hazardous waste or other waste and the disposal process for which it is destined, as well as the nature and quantity of wastes arising from the recovery operations and their destination. Provide a description of the intended use of the reclaimed material (or product). Specify the environmentally sound management of the wastes in question.

Specify the mutually agreed acceptance criteria.

36 4. QUANTITY

Specify the quantity of hazardous waste or other waste that the disposer agrees to receive.

5. DELIVERY

Specify the type of packaging that will be used in transport.

Specify that the exporter will inform the disposer of the date of any shipment pursuant to the contract and the expected date of arrival to the disposer's premises and completion of the disposal operations.

6. TITLE

Specify the conditions for transfer of ownership and of liability, clearly defining the areas covered, for example, loss, theft, damage (clarify what is meant by "damage").

7. INSPECTION AND ACCEPTANCE

Specify which party shall be responsible for ensuring the inspection, sampling, and analysis, as well as the procedures to follow in case of non-conformity of the sample and/or rejection of the shipment. Specify which party shall bear the cost of each of these items. Specify alternative management and the chain of responsible parties, in cases where the disposer cannot accept the wastes in question. Remember that the Basel Convention contains the Duty to Re-import from the State of export (Article 8).

8. REPRESENTATIONS AND WARRANTS OF EXPORTER AND/OR DISPOSER

Specify the representations and warrants of each company, for example, concerning the competence of each party and his license/authorization to operate.

9. LIABILITY

Clearly delineate the responsibility for third-party property damage and any other specific damages (e.g. damage to environment, trading loss, loss of profit, etc.)

10. INSURANCE

Specify that the companies carry the insurance required by law, or other insurance mutually agreed upon.

37 11. LAW AND ARBITRATION

Specify the procedures and time frame to be followed in the event of a dispute arising from the contract (e.g. agreement to pursue a non-legal resolution to the dispute or to refer the dispute to an arbitration tribunal such as the ICC Court of Arbitration).

NOTE: The following section should be separated from the standard terms and conditions of the contract before the contract can become a public document.

12. FINANCIAL ARRANGEMENTS

Specify the compensation.

Specify the terms and conditions for adjustment of the compensation.

38 APPENDIX 9

DRAFT LEGISLATION GOVERNING THE MANAGEMENT OF HAZARDOUS WASTE

39 PART IV MANAGEMENT OF HAZARDOUS WASTES

Prohibition on Dumping of Hazardous Wastes

17. (1) No person shall dump, discharge or cause to be dumped or discharged, any hazardous waste into:

(a) the territorial sea, or any coastal or inland waters of Saint Lucia; or (b) any marine area outside the territorial sea of Saint Lucia from a Saint Lucia ship, aircraft, hovercraft or marine structure.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine of five hundred thousand dollars or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment.

Prohibition of the Importation of Hazardous Wastes

18. (1) No person shall import or cause to be imported any hazardous waste into Saint Lucia.

(2) Any person contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine of one million dollars or to imprisonment for a term not exceeding ten years, or to both such fine and imprisonment.

Exporting Hazardous Wastes and Other Wastes

19. The export of hazardous wastes and other wastes will only be allowed:

(a) if ...... does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the wastes in question in an environmentally sound and efficient manner; or

(b) if the wastes in question are required as raw material for recycling or recovery industries in the State of import; or

(c) if the export is in accordance with an agreement or arrangement that conforms to the requirements of Article 11 of the Basel Convention.

40 Hazardous Waste in Transit by Sea

20. (1) The owner or master of a vessel, exporter or Competent Authority of the State of Exports that is to transport the hazardous waste shall before transporting any hazardous waste through the exclusive economic zone, apply to the Maritime Authority for a Permit for the Trans-boundary Transportation of Hazardous Waste.

(2) An application for a permit shall contain-

(a) a full and accurate description of the hazardous waste to be transported through the exclusive economic zone, including the technical and common name thereof, the United Nations Class, and a statement of the quantities to be transported; (b) the name of the State that is to receive the hazardous waste and documentary proof that such State possesses:

(i) the technical capacity to dispose of the hazardous wastes in an environmentally sound and efficient manner; and (ii) the facilities, capacity or suitable disposal sites or recycling procedures to dispose of the hazardous wastes in an environmentally sound and efficient manner; (c) the consent in writing from such State to receive the specific import; (d) the name and particulars of the vessel on which the hazardous waste is to be transported through the exclusive economic zone; (e) the seaport from which the vessel is to depart; (f) the seaport at which the vessel is to arrive; (g) the estimated time and date of transit through the exclusive economic zone; and (h) any special cargo transportation or storage requirements pertaining to any hazardous waste that is to be transported. (i) information detailing emergency procedures in case of acciden (j) information related to insurance coverage

(3) Upon receipt of an application, the Maritime Authority may require the applicant to provide any additional information that it considers necessary for the determination of an application.

(4) (1) Having reviewed an application made under this section, the Maritime Authority may - (a) refuse permission for the transit of any hazardous waste through the exclusive economic zone; or (b) issue a Permit for the Trans-boundary Transportation of Hazardous Waste, which may specify conditions including – (i) equirements that the vessel be escorted through the exclusive economic zone at the expense of the owner of the vessel;

41 (ii) that a suitable prohibition zone be established around the vessel to ensure that other shipping remains at a safe distance from the vessel transporting hazardous waste; iii) requirements concerning the time and route of the passage through the exclusive economic zone; (iv) that the ship meets international standards relating to safety, watchkeeping, and marine pollution insurance; (v) the prohibition on transportation of hazardous waste through the exclusive economic zone in adverse weather conditions.

(2) The Maritime Authority shall -

(a) promptly acknowledge the receipt of any permit application; (b) make a decision pursuant to Paragraph 4 within 60 days of the Permit request in Paragraph (1) and inform the owner of master of a vessel, exporter, or the Competent Authority of the State of Export as appropriate.

(5) A Permit for the Trans-boundary Transportation of Hazardous Waste specify -

(a) the identity and quantity of each hazardous waste being transported through the exclusive economic zone; (b) the particulars of the vessel on which the hazardous waste is to be carried; (c) the seaport at which the vessel is to arrive; (d) the estimated time and date of transit through the exclusive economic zone; and (e) any special cargo transportation or storage requirements pertaining to any hazardous waste that is to be transported through the country.

(6) If the Maritime Authority no longer considers that the hazardous waste can be transported through the exclusive economic zone without causing an undue threat of harm to human health or safety of the environment, the Maritime Authority may, at any time -

(a) cancel the Permit for the Trans-boundary Transportation of Hazardous Waste issued under sub-section (4); (b) issue such directions as it may consider appropriate for the immediate cessation of the movement of the hazardous waste, and for their removal from the exclusive economic zone.

42 (7) Any person who fails to comply with any condition in a Permit for the Trans- boundary Transportation of Hazardous Waste, or with any direction, requirement or condition imposed by the Maritime Authority shall be guilty of an offence and liable on conviction to a fine of one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

(8) The master and owner of any vessel that discharges, or causes to be discharged, any hazardous waste in the exclusive economic zone in violation of any condition of a Permit for the Trans-boundary Transportation of Hazardous Waste shall be guilty of an offence and liable on conviction to a fine of one million dollars or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment.

Illegal Traffic

21. 1. Any transboundary movement of hazardous wastes or other wastes shall be deemed illegal traffic, if carried out:

(a) Without notification pursuant to Article ... of the provisions of this Law; (b) Without the consent required under Article ... of this Law; (c) With consent which has been obtained through falsification, misrepresentation or fraud; (d) In a manner not in conformity in a material way with the documentation specified under this Law and/or the rules and regulations formulated by the Competent Authority; (e) In a manner that results in the deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention to the provisions of this Law.

2. A person commits a crime under this Law if:

(a) He carries out a transboundary movement of hazardous wastes or other wastes in a manner described in paragraph 1;

(b) He aids, abets or conspires with any other person to carry out a transboundary movement of hazardous wastes or other wastes in a manner described in paragraph 1;

(c) He attempts to carry out a transboundary movement of hazardous wastes or other wastes in a manner described in paragraph 1.

3. The relevant authorities shall have the power to conduct both regular and random inspections of sites, facilities and cargo, and to seize the shipments of hazardous wastes or other wastes that are the object of illegal traffic.

43 4. The person found guilty of a crime described under paragraph 2 shall be punished by ...

5. In the case of an illegal transboundary movement to another country as a result of conduct on the part of the exporter or generator, he/she shall ensure that the wastes are taken back, or the Regulatory Authority will take them back at the expense of the exporter or generator.

6. In the case such re-import is impracticable, or in the case the illegal transboundary movement cannot be attributed to a particular person, the Regulatory Authority and the Regulatory Authority of the other States concerned shall ensure that the wastes are otherwise disposed of in an environmentally sound manner and in accordance with the provisions of this law.

7. In the case of an illegal transboundary movement to ... as a result of conduct on the part of the importer or of the disposer he/she shall, in addition to the penal punishment stipulated in paragraph 3 of part VII of this law, ensure the environmentally sound management of hazardous wastes and/or pay the appropriate sum estimated by the Authority in order to ensure the environmentally sound disposal of the imported hazardous wastes or other wastes.

Duty to Report Spills of Hazardous Wastes

22. (1) The owner or master of any vessel that discharges or spills any hazardous waste in the exclusive economic zone shall notify the Maritime Authority immediately of the spillage.

(2) Any person who fails to comply with the requirement of sub-section (1) shall be guilty of an offence and liable on conviction to a fine of one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

(3) Where notification required under the provisions of sub-section (1) is not received by the Maritime Authority within a reasonable time and in any event within 24 hours of any spill, it shall be presumed that any spillage was intentional and the master shall be liable to the penalties provided in section 17 (2).

Prohibitions to Trans-boundary Movement of Hazardous Wastes

23. (1) No person shall load or incinerate hazardous wastes within the exclusive economic zone.

(2) No person shall export or transport hazardous wastes to or through Saint Lucia.

44 (3) Any person who contravenes the provisions of this section is guilty of an offence, and is liable on conviction to a fine of one million dollars or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment.