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(Project law no. 871/2005, from Deputy João Caramez - PSDB) It disposes on controlled elimination of PCBs and their residues, decontamination and elimination of transformers, capacitors and other electric equipments which have PCB, and the related procedures.
GOVERNOR OF THE STATE OF SÃO PAULO:
I make known that the Legislative Assembly decrees and I enact the following law:
Preliminary Dispositions
Article 1º - The physical person and legal entities that use or have under their custody transformers, capacitors and other electric equipments containing PCBs, as well as oils or other materials contaminated with PCBs, are obliged to eliminate them progressively till 2020, according to the criteria established in this law.
Article 2º - For effect of the disposed in this law, considering:
I - "PCBs" - polychlorinated biphenyl, synthetic substance that constitutes insulating oils used in transformers, capacitors and other electric equipments; commercially known as Ascarel or Askarel, among other names, such as Aroclor, Pyralene, Clorophen, Inerteen, Asbetol and Kneclor;
II - "PCB Residues” or "material contaminated by PCBs" – all solid, liquid or pasty material which have PCB contents higher than 0.005% of weight (50mg/kg), when analyzed according to the ABTN NBR 13882 Norm criteria;
III - "Owner of PCBs" - any physical person or legal entity that use or have PCB under their custody and/or its residues, and/or equipments that contain PCBs, independent of their origin;
IV - "Final Destination" - the elimination of PCB and its residues, through its industrial processing and consequent destruction via incineration or decontamination (solids or liquids) at PCB levels lower than 0.005% of weight (50mg/kg), when analyzed according to the ABTN NBR 13882 Norm criteria, mandatorily in duly licensed, environment-friendly industrial units for this specific purpose, from EIA/RIMA, by their respective environmental control institutions;
V - "Sealed electric equipments" - transformers, capacitors and other electric equipments which do not have devices that allows the drainage of their insulating oil or replacement by other kind of oil or the level completion;
VI - "Electric equipments without PCB" - transformers, capacitors and other electric equipments which have insulating liquid with PCB contents lower than the quantification limit of the test method, when tested in accordance with ABNT NBR 13882.
Lead Time
Article 3 - The Final Destination of transformers, capacitors and other electric equipments contaminated with PCBs, which are in operation and installed in public locations, such as, subways, hospitals, spectacle rooms, soccer stadiums, banks, public buildings, etc., must be processed as soon as possible, and shall not be later than December 2010.
Article 4 - The Owners of PCB and its residues, transformers, capacitors and other electric equipments contaminated with PCB, which are out of operation, even when remaining installed in its origin location and/or stored there, must be in its Final Destination up to December 2008.
Article 5- Transformers, capacitors and other electric equipments contaminated with PCB, which are deactivated by reaching the end of its useful life, or due to any other reason, must processed to its Final Destination, at most, 3 years after 3 its deactivation date, and may not be later than December 2020.
Article 6 - The other transformers, capacitors and any electric equipment contaminated with PCB, which are not subject to the conditions established in the articles 3rd to 5th, must be in their Final Destination up to December 2020.
Inventories and Elimination Schedule
Article 7 - The owners of PCB must create an inventory, to be sent to the State responsible institution, in a maximum period of 180 days, from the publication of this law, accompanying the elimination schedule of the inventory materials, observing the lead time defined in the Chapter II.
I - The owners of transformers, capacitors and other "sealed" electric equipments which are not violated must create and inventory of these, comprising the following elements:
a) The Owner’s name, address and Tax ID number (CNPJ);
b) Location and description of the equipment, with information such as if they are deactivated or contain insulating oil made of PCB, indicated in their identification plate;
c) Manufacturer and manufacturing date;
d) Inventory date;
II - Generally, the owners of transformers and other “non-sealed” or “sealed” electric equipments, but violated, thus, being subject to be contaminated with PCBs, must create an inventory of these, comprising the following elements:
a) Owner’s name, address and tax ID number (CNPJ);
b) Location and equipment description, with information such as whether it is in operation or not, and if it contains insulating oil made of PCB, indicated in its identification plate;
c) PCB content in the insulating oil, defined according to ABNT NBR 13882 Norm criteria, by a duly authorized laboratory for this purpose;
d) Manufacturer and manufacturing date;
e) Inventory date;
III - The Owners of other PCB residues which are not established in the subsections I and II of this article, such as: insulating oils made of PCB, other oils and liquids contaminated with PCB, as well as solid and pasty materials contaminated with PCB (soil, crushed stones, IPEs, absorbing materials, drums and so on) must create an inventory of this, comprising the following elements:
a) Name, address, Owner’s Company Tax ID Number (CNPJ);
b) Residues quantification;
c) Location and residue type description ( oil, soil, crushed stone, IPE, and others);
d) Accommodation and description of their condition;
e) Inventory date.
Sole Paragraph - The analysis to identify the PCB contents, performed before the publication of this law, will be considered valid, since they were made after the last maintenance in the related equipment or any intervention in the insulating oil, such as; oil filling up, regeneration and/or its total or partial replacement.
Article 8 - From the delivery date of the first inventory, on a 3 (three) year basis, it shall be recreated, updated and forwarded to the State’s responsible institution, observing the disposition of the article 7.
Article 9 - On a periodical basis, the State environmental control institution will conduct inspections at the PCB residues owners’ facilities, to check the accuracy of the information presented in the inventories described in this Chapter.
Article 10 - The owners of PCBs and their residues, from transformers, capacitors and other electric equipments contaminated with PCB, must proceed to eliminate them in the Final Destination units, in accordance with the previously created Schedule, observing the priority and proportionality criteria.
§ 1º - Based on the priority criteria, those which represent more potential risk for the environment and to the human health, due to its location, conservation conditions and other risk factors must be prioritized in the Final Destination schedule.
§ 2º - Based on the proportionality criteria, the minimum annual quantity for the Final Destination can be lower than the quantity corresponding to the total of passive divided by the lead time defined for its total elimination, described in the Chapter II of this law.
Final Destination
Article 11 – Exceptionally for transformers originally manufactured with insulating oils "without PCBs", which had their oil contaminated with PCBs, for any reason, with PCBs contents higher than 50mg/kg and lower than 500mg/kg, according to ABNT NBR 13882 Norm criteria, the Final Destination of the insulating oil must be incineration and/or decontamination to values lower than 50mg/kg. Sole Paragraph – For solid materials, constituting casing and active part, permeable and impermeable, will not require be Final Destination only when they are subject to this Law, and they present PCBs contents lower than 50mg/kg, when analyzed in accordance with ABNT NBR 13882 Norm criteria, by duly authorized laboratories for this purpose.
Article 12 – It is expressly prohibited both the introduction and removal from the whole territory of the São Paulo State, of any PCB residues, transformers, capacitors and other electric equipments contaminated with PCB, except to its Final Destination, in accordance with the criteria established in this law, especially in the subsection IV of the article 2.
PCBs Passive Components Management
Article 13 – After the delivery of residue inventory related to Chapter III, the State Environmental Control Institution is responsible to publicly make available, without identifying the PCB Residues Owners, a consolidated inventory, in order to:
I – allow the PCB residues Final Destination Companies to adapt their processing capacity to comply with the lead time for elimination, and;
II – allow the manufacturers of transformers and capacitors to meet the demand of new equipments which must replace those that will be deactivated.
Article 14 – Beside the publication mentioned on article 13, at each inventory renewal period by the PCB residues Owners, the State environmental control institution will promote, when required, corrective measures to comply with the PCB residues elimination lead time.
Restrictions and Prohibitions concerning to Commercialization of Electric Equipments and Insulating Oil Regeneration Services
Article 15 – It is expressly prohibited the commercialization, for any purpose, of “non-sealed” transformers and electric capacitors, and those "sealed" which were violated, without formal prove that the insulating oil contained in these equipments does not present PCB content higher than 50mg/kg, when analyzed according to ABNT NBR 13882 Norm criteria, by a duly authorized laboratory for this purpose.
Sole Paragraph – The commercial operation’s Tax invoice must present the equipment’s PCB content, as well as the name and the Tax ID Number (CNPJ) of the laboratory that had assured its content, with the respective date of analysis, the analysts’ name and his CRQ’s registry number.
Article 16 - The content of this law applies to the Auction Companies, in the same terms as the other Owners of PCB residues, independent of the origin of their PCB passives, which are obliged to keep filed all purchasing and selling Tax invoices, observing the established in the Sole Paragraph of article 15.
Article 17 - Except the new insulating oils, produced and commercialized by their manufacturers, importers and/or their representatives and authorized distributors, it is expressly prohibited to commercialize, on any modality, of used dielectric insulating oils either from or not from transformers, with a PCB content higher than 50mg/kg, when analyzed according to the ABNT NBR 13882 Norm criteria.
Sole Paragraph - The commercialization of used insulating oils will be permitted only when the Tax invoice presents the name and Tax ID number (CNPJ) of the laboratory that has measured the PCB content, lower than 50mg/kg, with the respective analysis date, the analysts’ name and his CRQ’s registry number.
Article 18 - It is expressly prohibited the regeneration process of the dielectric properties of insulating oils, which present PCB content higher than 50mg/kg, when analyzed according to ABNT NBR 13882 Norm criteria, whether in fixed or movable industrial facilities.
§ 1º - When the PCB content is lower than 50mg/kg, the Tax invoice of the oil sent to regeneration companies must present the name and Tax ID number (CNPJ) of the laboratory that measured the PCB content, with the respective analysis date, the analysts’ name and his CRQ’s registry number.
§ 2º - all the insulating oil from insulating oil Regeneration Companies, both fixed or movable units, when sold or returned to its original customer must be accompanied by its Tax invoice with name and Tax ID Number (CNPJ) of the laboratory which measured the PCB content lower than 50mg/kg, with the respective date, the analysts’ name and his CRQ’s registry number.
§ 3º - Exceptionally, the regeneration process of the insulating oils which PCB content is higher than 50mg/kg can be made by companies duly licensed by the State environmental control institution, which has, beside the regeneration process, those of decontamination, both in fixed or movable industrial facilities that assure the devolution of the insulating oil to its original customer and/or its selling, with a PCB content lower than 50mg/kg, accompanied by its Tax invoice with the name and its tax ID number (CNPJ) of the laboratory which measured the PCB content, with the respective date, the analysts’ name and his CRQ’s registry number.
Penalties
Article 19 - Those who allow the practice of infringements against the dispositions of this law, as well as its regulation, and those who benefits from it, are subject to a warning or penalty, without prejudice to other penalties defined in the valid legislation, especially those related to environmental crimes.
Article 20 - For the application of penalties, the infringements are classified in three categories:
I - Severe nature, punished with a penalty in an amount corresponding to 250 (two hundred fifty) Unidades Fiscais do Estado - UFESP (São Paulo State Fiscal Unit) by ton of PCB residues, stated or quantified by the State environmental institution.
II - Medium nature, punished with a penalty in an amount corresponding to 170 UFESP by ton of PCB, stated or quantified by the State.
III - Low nature, punished with a warning.
§ 1º - The penalty will be collected based on UFESP rate in the effective payment date;
§ 2º - If the UFESP becomes extinct, the index replacing it will be adopted to calculate the penalty;
§ 3º - In case of recurrence, characterized by the commitment of a new infringement of the same nature, the penalty will be two times the prior imposed amount, cumulatively;
§ 4º - In case of recurrence of a low level infringement, a penalty with a value corresponding to a medium level infringement can be applied.
Article 21 – The following constitute severe infringements:
I - Delivery of inventory and elimination schedule with incorrect or false information;
II - Emission of incorrect or false chemical analysis;
III - Emission of Tax invoices with incorrect or false information;
IV - Non compliance with the elimination schedule;
V - Final Destination not complying with the content of this law;
VI – Commercialization of PCBs and its residues, transformers, capacitors and other electric equipments containing PCBs, as well as regeneration of insulating oils when they do not comply with what is established in this law.
Article 22 - Constitutes a medium level infringement when the inventory is not delivered and the elimination schedule within the period established by this law.
Article 23 - Constitutes a low level infringement any other irregularity which denotes negligence or imprudence by the owner in complying with what is established by this law.
Article 24 – The inspection of activities and the application of penalties imposed due to an infringement to this law are responsibility of the responsible institutions of the Public State Administration, established by regulation, in their respective attribution areas, without prejudice to the penal responsibility, when applicable.
Article 25 – This Law is valid starting its publication date.
Palácio dos Bandeirantes, February 22, 2006.
Geraldo Alckmin
Mauro Guilherme Jardim Arce
Secretary of Energy, Hydrical Resources and Sanitation
José Goldemberg
Secretary of Environment
Luiz Roberto Barradas Barata
Secretary of Health
Arnaldo Madeirabr />
Chief-Secretary of São Paulo State Civil Affairs
Published by the Technical-Legislative Advisory, in February 22, 2006.