Chapter 14. Discarded insulating glass units containing PCBs

Regulations relating to the recycling of waste (Waste Regulations). This is an unofficial translation of the Norwegian regulation

Laid down pursuant to sections 31 and 33 of the Act of 13 March 1981 no. 6 relating to protection against pollution and concerning waste (the Pollution Control Act). Chapter 14 added by regulations of 13 July 2004 no. 1127.

14-1. Purpose

The purpose of these regulations is to ensure that all discarded insulating glass units containing PCBs are collected and appropriately treated, cf. chapter 11 on hazardous waste. Added by regulations of 13 July 2004 no. 1127.

14-2. Definitions

For the purpose of this chapter, the following definitions apply:
a) Insulating glass units: factory-produced two or multi-pane glass units with dry air or special gas compounds between the panes with tight sealing along the edges. 
b) Insulating glass units containing PCBs: insulating glass units that are considered to be hazardous waste pursuant to chapter 11 on hazardous waste because they contain PCBs.
c) Producers: any actor that imports insulating glass units or manufactures such units in Norway for the Norwegian market.
d) Purchaser: any actor throughout the whole value chain who purchases insulating glass units in a professional or private capacity.

14. 3. Duties of the municipality

It is the duty of the municipality to accept up to 500 kg of insulating glass units containing PCBs per year per waste holder from households and enterprises generating smaller quantities of hazardous waste in the municipality. This quantity of waste shall come in addition to the quantities of hazardous waste which it is the duty of the municipality to accept pursuant to section 11-10.

The municipality shall accept scrapped insulating glass units containing PCBs from household waste free of charge.

14-4. Duties of producers

Producers have a duty to ensure that any holder of waste can deliver discarded insulating glass units containing PCBs for appropriate treatment on payment of a fee not exceeding the normal price for delivery of insulating glass units containing no PCBs to ordinary waste reception facilities. Producers must meet any costs exceeding this amount. The Environment Agency will determine what is to be considered as the maximum normal price for delivery of insulating glass units containing no PCBs for three years at a time, cf. appendix 1 to this chapter.

Producers also have a duty to ensure that holders of waste are provided with adequate information about the take-back system for the take-back and proper treatment of insulating glass units containing PCBs and on where such units can be delivered.

Producers shall, unsolicited, provide their customers with information on which units may contain PCBs.

The duty for each producer applies to the proportion of discarded insulating glass units containing PCBs that corresponds to the producer’s share of the Norwegian market for insulating glass units.

Producers shall fulfil their duties by taking part in a take-back system approved by the Environment Agency or the agency authorised by the Ministry of Climate and Environment. The criteria for approval of a take-back system are set out in appendix 1 to this chapter.

Producers shall, unsolicited, provide their customers with information and documentation on which take-back system they are participating in.

14-5. Duties of purchasers of insulating glass units

Any person or entity that purchases more than 200 insulating glass units per year must verify and be able to document that the producer is a participant in an approved take-back system for insulating glass units containing PCBs.

14-6. Reporting

Companies that run approved take-back systems shall submit annual reports to the Environment Agency or the agency so authorised by the Ministry of Climate and Environment regarding the quantities of scrapped insulating glass units containing PCBs collected and treated in accordance with section 14-4.

14-7. Control

The County Governor shall ensure compliance with the duties of the municipality pursuant to this chapter. The Environment Agency shall ensure compliance with other provisions in this chapter and decisions made pursuant to the provisions of this chapter.

Appendix 1

Chapter 14 added by regulations of 13 July 2004 no. 1127.

A. Criteria for approval of take-back systems

To receive approval, a take-back system must:
1. Cover the whole of Norway and comply with the provisions of section 14-3. It must be possible for a system to be operational at the latest three months after approval is received. 
2. Document that its membership criteria ensure that all producers who take part are treated equally. It shall also be possible for persons or entities acting as producers on one occasion to join the system.
3. Document a system for calculating each participant’s market share and for splitting the costs among the participants in accordance with section 14-3.
4. Be a non-profit operation. No profits or dividends shall be disbursed to the owners of a company that runs a take-back system. 
5. Document an agreement on treatment of insulating glass units after collection that ensures that:

  • the glass units are delivered to a treatment facility that holds the necessary permit to receive them pursuant to the Act of 13 March 1981 No. 6 relating to protection against pollution and concerning waste and chapter 11 on hazardous waste 
  • the PCBs in the waste are rendered harmless at the latest 12 months after the date of collection

6. Document that potential holders of waste are provided with adequate information on where insulating glass units containing PCBs can be delivered and that the windows are included in a system for the safe handling of PCBs.

When it approves a take-back system, the Environment Agency may lay down further conditions, including requirements for adequate financial security.

B. Maximum normal price for delivery of insulating glass units

The maximum normal price for delivery of insulating glass units in 2011–2013 is NOK 1,250 per tonne excluding VAT.