I. Introductory provisions
Section 10-1. Purpose
The purpose of the provisions in this chapter is to ensure that the incineration of waste takes place in a proper and controlled fashion so as to prevent and reduce damage to the environment and to human health as far as possible.
The provisions apply to plants which incinerate waste, both incineration and co-incineration plants.
The provisions in this chapter do not apply to plants treating only the following types of waste:
a) vegetable waste from agriculture and forestry,
b) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, provided that the waste is co-incinerated at the place of production and that the thermal energy generated is recovered,
c) wood waste, with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating,
d) animal carcasses,
e) radioactive waste,
f) explosive waste.
The provisions in this chapter will still apply to plants which incinerate the waste types listed under letters a through d if this waste has been classified as hazardous waste.
The provisions in this chapter do not apply to experimental plants used for research and development in order to improve the waste incineration process, provided that the plants treat less than 50 tonnes of waste per year.
The specific requirements concerning hazardous waste in sections 10-4, 10-5, 10-7, 10-15, 10-21 and 10-22 with associated appendices shall not apply to the types of hazardous waste listed in appendix XII to this chapter.
The following definitions apply in this chapter:
a) waste means discarded substances or objects. Surplus objects and substances from service industries, manufacturing industries and treatment plants, etc., are also considered to be waste. Waste water and exhaust gases are not considered to be waste, cf. section 27 of the Pollution Control Act,
b) hazardous waste means waste that cannot appropriately be treated together with household waste because it may cause serious pollution or involve a risk of injury to people and animals, cf. the provisions in chapter 11 on hazardous waste,
c) infectious waste means waste from medical or veterinary treatment and/or associated research containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms,
d) incineration means treatment processes where thermal energy is generated through the oxidation of carbon or materials containing carbon into CO2 and water, and other thermal treatment processes such as pyrolysis, gasification or plasma processes when the substances resulting from this treatment are subsequently oxidised,
e) waste incineration plant means any technical unit and equipment dedicated to the thermal treatment of waste with or without recovery of the combustion heat generated,
f) co-incineration plant means any technical unit and equipment dedicated to the generation of energy or production or processing of material products, and which in addition incinerates waste. If the plant incinerates untreated mixed household waste, the plant shall be regarded as an incineration plant,
g) incineration plant is a common designation for incineration and co-incineration plants,
h) operation means any operation process at an incineration plant, including during the introductory phase of operation, where waste is incinerated. A new plant is considered to be in operation from the time waste is first incinerated,
i) existing incineration plant means plants with a permit to incinerate waste and which are put into operation by 1 January 2003, and plants with a permit to incinerate waste issued before 1 January 2003 and which are put into operation by 1 January 2004. Plants dedicated to the generation of energy or production or adaptation of material products, which are in operation and have permits to incinerate waste issued before 1 January 2003 and which are put into operation by 1 January 2005, shall be regarded as existing co-incineration plants if the other conditions in letter f are met,
j) nominal capacity means the sum of the incineration capacities of the furnaces of which an incineration plant is composed, based on the permanent heat release. The nominal capacity is expressed as the maximum possible quantity of waste which can be incinerated per time unit, related to the effective calorific value (wet weight) of the waste,
k) emission limit values means the quantity of emissions, expressed in terms of specific concentrations, which may not be exceeded during one or more periods of time,
l) dioxins means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in appendix I to this chapter,
m) operator means any natural or legal person who operates or controls an incineration plant,
n) incineration residue means any liquid or solid material generated through the operation of an incineration plant and defined as waste, including bottom ash and slag, fly ash and boiler dust, solid reaction products from gas treatment, sewage sludge from the treatment of waste waters, spent catalysts and spent activated carbon,
o) the competent authority means the Environment Agency, the County Governor or the agency authorized by the Ministry of Climate and Environment.
II. Permission to pollute
10-4. Requirement for discharge permit
An operator of an incineration plant must have a permit under the terms of section 29 of the Pollution Control Act, cf. subchapter III. An application for a permit shall be sent to the competent authority.
An emissions permit for an incineration plant shall at minimum contain the provisions described in appendix VIII to this chapter. A permit shall not be granted unless the plant can meet all relevant requirements in this chapter with associated appendices.
The contents of the application and of the emissions permit shall otherwise follow the requirements set down in chapter 36 of Regulations no. 931 of 1 June 2004 relating to the restriction of pollution (Pollution Regulations) on the processing of applications pursuant to the Pollution Control Act.
The competent authority may set additional requirements or stricter requirements than those listed in this chapter, depending on local conditions and characteristics of the incineration plant in question.
III. Waste acceptance
10-5. Registration and control
When waste is accepted at an incineration plant, the operator shall ensure that each type of waste is weighed and registered.
When hazardous and/or infectious waste is accepted, the operator shall, as far as appropriate, ensure that the waste corresponds with the description in the documentation produced by the waste holder. This inspection shall, as far as possible, take place before the waste is unloaded. The inspection shall include the taking of representative samples which must be kept for at least one month after the waste has been incinerated.
10-6. Exemption for industrial plants
The competent authority may make exemptions from the requirements in section 10-5 for industrial plants incinerating only their own waste at the place of generation of the waste provided that the requirements pursuant to the provisions in this chapter are met.
IV. Operation of the plant
10-7. Conditions for incineration
Incineration plants shall be designed, built and operated in such a way as to ensure compliance with the requirements concerning temperature, time, additional burners and feeding of waste in appendix IX to this chapter.
10-8. Exemptions concerning temperature, time and additional burners
The competent authority may in special cases make exemptions from the requirements regarding temperature, time and additional burners in appendix IX to this chapter, points 1 and 2, and from the requirements regarding temperature in appendix IX to this chapter, point 3, provided that the other requirements in this chapter are met. Exemptions from the requirements regarding additional burners may only be made for incineration plants which apply new technology where the use of additional burners is unnecessary. The types of waste and types of thermal processes covered by the exemption shall be stated in the permit.
Exemptions pursuant to subsection one shall not entail larger quantities of incineration residue from the plant, or incineration residues with a higher content of non-incinerated material than would have been the case if the requirements in appendix IX to this chapter were met.
For co-incineration plants, exemptions pursuant to subsection one may only be made if the operator can document that the emission limit values for total organic carbon (TOC) and CO in appendix V to this chapter will be met. For co-incineration plants in the pulp and paper industry which incinerate their own waste at the place of production in existing bark boilers, exemptions pursuant to subsection one may only be made if the operator can document that the emission limit values for TOC in appendix V to this chapter will be met.
10-9. Incineration residue
Incineration plants shall be designed, built and operated so that the quantity of incineration residue from the operation of the plant is limited as much as possible. The content of hazardous substances in the incineration residue must be further limited as much as possible.
Slag and bottom ash from incineration plants shall be sufficiently burnt out and cooled before further treatment. Slag and bottom ash shall have a TOC content of less than 3 % or a loss on ignition of less than 5 % of the dry weight of the material.
Incineration residue classified as hazardous waste shall be treated in accordance with the provisions in chapter 11 on hazardous waste.
Incineration residue shall be recycled, where appropriate, or transported for final processing. Businesses that carry out recycling or final processing of incineration residue shall have a necessary permit under the Pollution Control Act or regulations pursuant to the Act. Prior to determining where the incineration residue shall be delivered, appropriate tests shall be carried out as far as justified in order to establish the physical and chemical characteristics and the pollution potential of the different incineration residues.
10-10. Conversion into energy
Incineration plants shall be designed, built and operated in such a way that all thermal energy generated by the incineration process is recovered as far as practically possible.
10-11. Noise, odours and other complaints
In the emission permit, the competent authority shall set limit values for the maximum noise levels from an incineration plant.
Incineration plants shall be designed, built and operated in such a way that odours or other complaints from incineration plants are not nuisances or hazards to the environment.
10-12. Infectious waste
At incineration plants with a permit to treat infectious waste, the waste should be placed straight in the furnace, without first being mixed with other categories of waste and without direct handling.
10-13. Mode of operation
For incineration plants not in continuous operation, the competent authority may set a maximum number of planned plant startups and shutdowns per year in order to limit the potential negative environmental effects of this mode of operation.
10-14. Maintenance duties
In order to keep the ordinary emissions from incineration plants at the lowest possible level, and in order to prevent other emissions, the operator shall ensure sufficient maintenance of equipment which may affect the emission levels. Maintenance systems and procedures for such equipment shall be documented.
V. Emissions to air
10-15. Emission limit values
Waste incineration plants and co-incineration plants shall be designed, built and operated in such a way that the emission concentrations in the flue gas do not exceed the limit values for emissions to air in appendices V and II to this chapter respectively.
If in a co-incineration plant more than 40 % of the resulting heat release comes from the incineration of hazardous and/or infectious waste, the emission limit values set out in appendix V to this chapter shall apply.
10-16. Stack height
Flue gas from incineration plants shall be raised in a controlled fashion through a stack. The stack height shall be calculated so that concentration of air pollution at ground level or at any nearby air inlet does not exceed the recommended air quality criteria. These calculations shall be based on the permitted emission levels, existing background concentrations and the most adverse dispersal conditions that may arise. The calculations shall be carried out with competent external aid.
The competent authority may state a required stack height in the emission permit.
In special cases, the competent authority may make exemptions from the provisions in subsection one, point two, regarding the limit values the air pollution must comply with.
VI. Discharge to water
10-17. Discharge limit values
Incineration plants shall be designed, built and operated so that the discharge concentrations in waste water from the cleansing of flue gas do not exceed the limit values for discharges to water in appendix IV to this chapter.
In the discharge permit, the competent authority shall set limit values for relevant control parameters for discharges to water, at least for pH, temperature and the normal flow of waste water per tonne incinerated waste. The competent authority shall also indicate the point of final waste water discharge.
10-18. Joint waste water treatment
If waste water from the cleansing of flue gas at a given incineration plant is treated together with similar waste water from other incineration plants or with waste water from other processes, the emission limit values in section 10-17, subsection one, shall apply for the part of the total discharge to water which may be attributed to the waste water from the given plant.
The operator shall ensure that necessary measurements are carried out pursuant to section 10-24 in the waste water stream in and out of the collective waste water treatment plant, and that mass balance calculations are taken, if necessary, in order to check compliance with the provisions in subsection one.
10-19. Treatment of run-off
Sufficient storage capacity for the collection and proper handling of all run-off from accepted waste and from incineration residue at the incineration plant shall be provided. The competent authority shall set requirements regarding the discharge of water from such run-off. The requirements shall at least include measurements and reporting of relevant discharge parameters.
10-20. Monitoring and control of processes
Incineration plants shall be equipped with measuring instruments to monitor operation and control parameters relevant to the incineration process. The following measurements shall at least be carried out:
a) continuous measurements of concentration of oxygen, pressure, temperature and water vapour content of the flue gas,
b) continuous measurements of pH, temperature and flow of waste water from the cleansing of flue gas, cf. section 10-17, subsection two,
c) continuous measurements of temperature after the last injection of combustion air, as measured near the inner wall or at another representative point of the combustion chamber as authorised by the competent authority, cf. section 10-7,
d) measurements of the quantity of waste incinerated.
Measurements of water vapour content shall not be required if the sampled flue gas is dried before the emissions are analysed, cf. subsection one, letter a.
The flue gas residence time and minimum temperature shall be controlled pursuant to the requirements set down in section 10-7 at least once when the incineration plant is brought into service and under the most unfavourable operating conditions anticipated.
10-21. Measuring emissions to air
The following measurements of emissions to air at an incineration plant shall be carried out:
a) continuous measurements of total dust, TOC, HCl, HF, SO2, NOX and CO,
b) at least one measurement each six months of heavy metals and dioxins. However, one measurement at least every three months shall be carried out for the first 12 months of operation.
The competent authority may make exemptions from the requirement for continuous measurements of HCl, HF and SO2 in subsection one, letter a, and instead decide that periodic measurements of these parameters shall be carried out as stated in subsection one, letter b, provided that the operator can document that the emissions of HCl, HF and SO2 can under no circumstances be higher than the emission limit values laid down in section 10-15.
The competent authority may make exemptions from the requirement for periodic measurements of heavy metals and dioxins in subsection one, letter b until 1 January 2005, provided that the frequency of the periodic measurements is set at once every two years for heavy metals and once a year for dioxins, and that the conditions in appendix XI to this chapter are met.
10-22. Standardising and calculating average values
The result of the measurements carried out pursuant to section 10-21 shall be standardised in relation to appendix X to this chapter, point 1.
Daily, hourly, half-hourly and ten-minute average values shall be calculated based on the standardised measured values. The calculations shall be carried out pursuant to appendix X to this chapter, point 2.
10-23. Compliance with emission limits to air
The limit values for emissions to air shall be regarded as being met if
a) none of the daily average values for total dust, TOC, HCl, HF, SO2 and NOX exceed the emission limit values in appendix V to this chapter, letter a, or in appendix II to this chapter,
b) either 100 % or at least 97 % of the half-hourly average values for total dust, TOC, HCl, HF, SO2 and NOX, over 12 consecutive months, do not exceed the respective emission limit values in appendix V to this chapter, letter b, columns A and B,
c) at least 97 % of the daily mean values for CO, over 12 consecutive months, do not exceed the emission limit values in appendix V to this chapter, letter d, first indent,
d) none of the average values for CO exceed the emission limit values in appendix V to this chapter, letter d, second indent, or in appendix II to this chapter, and
e) none of the average values for heavy metals and dioxins exceed the emission limit values in appendix V to this chapter, letter c, or in appendix II to this chapter.
10-24. Measuring discharge to water
The following measurements of discharge to water shall be carried out at incineration plants:
a) daily measurements of total dissolved solids,
b) at least monthly measurements of heavy metals,
c) at least every six months, measurements of dioxins. However, one measurement at least every three months shall be carried out for the first 12 months of operation.
The emission parameters in subsection one shall be measured as flow proportional representative samples over a period of 24 hours.
If the actual quantity of waste water per tonne incinerated waste, calculated for the time frame where the measurements pursuant to section 10-24 are carried out, turns out to be higher than the limit value for the normal quantity of waste water per tonne incinerated waste stated in the permit, the results from the emission measurements shall be normalised pursuant to the formula in appendix VII to this chapter.
10-26. Compliance with discharge limits to water
The discharge limits to water shall be regarded as met if
a) 100 % and at least 95 % of the daily measurements of total dissolved solids, over 12 consecutive months, do not exceed the emission limit values set out in appendix IV to this chapter, columns A and B respectively,
b) for heavy metals, no more than one measurement per year exceeds the discharge limit values set out in appendix IV to this chapter, or if the competent authority has set requirements regarding more than 20 measurements per year, no more than 5 % of the measurements, over 12 consecutive months, exceed the discharge limit values in appendix IV to this chapter, and none of the measurements, no matter the number of measurements per year, are more than twice as high as the emission limit values in appendix IV to this chapter, and
c) none of the measurements of dioxins exceed the emission limit values in appendix IV to this chapter.
10-27. Measuring noise and non-incinerated material in slag and ash
At least one measurement of noise shall be carried out the first year an incineration plant is in operation, cf. section 10-11, subsection one.
At least one measurement shall be carried out every three months of the share of non-incinerated material in slag and bottom ash at the incineration plant, cf. section 10-9, subsection two.
10-28. Measurement methods and equipment
All measurements to be carried out at an incineration plant shall be carried out pursuant to the requirements concerning measurement methods and equipment in appendix III to this chapter.
VIII. Abnormal operating conditions and warning
10-29. Exceeding emission limits
The operator of an incineration plant shall, as far as possible, prevent that abnormal operating conditions occur which cause the exceedance of set emission limit values. If the emission limit values are still exceeded as a result of inevitable technical disturbances or failures in the treatment plants or measurement equipment, the incineration of waste must not continue for more than 4 hours uninterrupted. The total operating time under such conditions shall be less than 60 hours over 12 consecutive months.
Under operating conditions as described in subsection one, emissions of dust to air from a waste incineration plant shall not exceed 150 mg/Nm3 as a half-hourly average. The emission limit values for CO and TOC to air and the requirements in subchapter IV Operation of the plant must otherwise be met.
If the set the emission limit values for an incineration plant are exceeded, or if other abnormal conditions occur which have or may have pollution-related consequences, the competent authority shall be notified without undue delay.
Notification shall be given of acute pollution or the risk of acute pollution pursuant to Regulations no. 1269 of 9 July 1992 relating to alert of acute pollution or the risk of acute pollution.
10-31. Alternative disposal of waste
The operator shall ensure that a plan is prepared for the alternative disposal of waste in the case of shutdowns. If waste is put into intermediate storage during shutdowns, a necessary permit must be issued pursuant to the Pollution Control Act or regulations pursuant to the Act.
IX. Measurement results and reporting
10-32. Storage of measurement results
All measurement results from an incineration plant shall be registered, adapted and presented in an appropriate manner so that the competent authority can check that the provisions in this chapter are met. The measurement results shall be kept for at least three years.
10-33. Annual reports
The operator shall send an annual report to the competent authority which shall at least contain information about emissions to air and water at the incineration plant. For new plants, reports shall also be presented for the first eight months of operation. The competent authority may set further demands to what the reports must contain.
X. Final provisions
10-34. Transitional provisions
For existing incineration plants, the requirements shall not apply until 1 January 2006. Existing permits shall expire on this date.
10-35. Repeal of chapters
From 1 January 2006, chapter 10a on the incineration of hazardous waste, chapter 10b on the incineration of municipal waste, and chapter 10c on the incineration of oil spills are repealed.