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)

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  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.

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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.

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 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.

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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

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  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.

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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

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 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;

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  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).

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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:

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 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

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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.

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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;

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  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

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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
25
 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:

26
 APPENDIX 6

EXAMPLES OF WASTE MANIFEST

AND
INVENTORY REPORTING FORMS

27
 APPENDIX 7

BASEL TRANSBOUNDARY MOVEMENT

OF HAZARDOUS WASTE NOTIFICATION DOCUMENTS

28
 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.

29
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.

30
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.

31
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

32
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

33
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

34
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.

35
 APPENDIX 8

BASIC ELEMENTS OF A CONTRACT

36
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.

37
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.

38
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.

39
 APPENDIX 9

DRAFT LEGISLATION GOVERNING

THE MANAGEMENT OF HAZARDOUS WASTE

40
 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.

41
42
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;

43
 (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.

44
 (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.

45
 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.

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(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.

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