Prevention of Sea Pollution From Land Based Sources Regulations, 1990 (Translation)

By the authority vested in me under Section 14 of the Prevention of Sea Pollution from Land Based Sources Law, 1988, (hereinafter, "the Law"), and with the approval of the Interior and Environmental Committee of the Knesset, I hereby promulgate the following regulations:
Definitions 1. "permit application" includes an application for the renewal of a permit;

"best available technology economically achievable" means the best up-to-date technology existing for the prevention of sea pollution which is in use and economically achievable;

"the Committee" means the Permits Issue Committee as appointed under Section 3 of the Law;

"a permit", means a permit to dump waste or cause sewage to flow into the sea from a land-based source in order to dispose of them in the sea;

"land-based source" is as defined by the Law, in which waste or sewage that may cause sea pollution are created or processed.

"monitoring" means sampling and checking, continuously, periodically or occasionally.

Application for permit 2. An application for a permit shall be submitted to the Committee in writing and shall include the details specified in Annex One; submission of information according to sections 5 and 6(1) of Annex One shall be limited to information within the knowledge of the applicant.
Completion of the application 3. (a) The Committee may request further information from the applicant in addition to the information submitted according to Regulation 2, if, in its opinion, the additional information is necessary for the processing of the application. The committee may request the applicant to submit data, test results or a professional opinion.

(b) A request as described under Sub regulation (a) shall be presented to the applicant not later than 45 days from the submission of the application.

Consideration and decision concerning application 4. (a) The Committee shall consider and decide upon an application within 75 days of its submission, and in the case of a request under Regulation 3, of the submission of the additional data requested.

(b) The chairman of the Committee may, at the applicant’s request, decide upon closed-door confidential Committee deliberations.

(c) The Committee may approve an application with or without conditions or deny it.

(d) When the Committee has decided to approve an application, the chairman of the Committee shall grant the permit to the applicant as soon as possible.

(e) When the Committee has decided to deny an application, the chairman of the Committee shall inform the applicant in a written, justified notification.

(f) The Committee may reconsider terms specified in a permit or an application that it denied, if requested to do so by a Committee member or by the applicant in a written application.

Application fee 5. The applicant shall pay an application fee for filing an application for a permit.
Prohibition to grant a permit 6. The Committee shall not allow the dumping or flowing of waste or sewage in the following cases:

(1) If there are, in its opinion, on-land waste or sewage treatment or disposal alternatives, or methods for waste or sewage re-use, or appropriate low-waste technology alternatives; provided that these alternatives are usable, economically achievable and less harmful to the environment.

(2) The waste or sewage contain substances among those listed in the second Annex and the provisions of Regulations 7(2) or (3) are not sustained.

Granting a permit 7. The Committee may allow waste or sewage to be dumped or caused to flow into the sea if:

(1) they do not contain substances listed in the second Annex;

(2) they do contain substances listed in the second Annex but the applicant has proved, to the satisfaction of the Committee, that the best available technologies existing for treatment of waste or sewage have been utilized prior to the dumping;

(3) there is no reasonable technical possibility of preventing the dump or flow due to an extraordinary event.

Materials that may not be dumped or caused to flow into the sea: the list of substances specified in this section is based on the Protocol for the Protection of the Mediterranean Sea Against Pollution From Land Based Sources, the Annex to the Convention for the Protection of the Mediterranean Sea Against Pollution, Barcelona, 1976, and is translated here in full:

1. The following substances, families and groups of substances … have been selected mainly on the basis of their toxicity, persistence and bio-accumulation:

(1) Organohalogen compounds and substances which may form such compounds in the marine environment;

(2) Organophosphorus compounds and substances which may form such compounds in the marine environment;

(3) Organotin compounds and substances which may form such compounds in the marine environment;

(4) Mercury and mercury compounds;

(5) Cadmium and cadmium compounds;

(6) Used lubricating oils;

(7) Persistent synthetic materials which may float, sink or remain in suspension and which may interfere with any legitimate use of the sea;

(8) Substances having proven carcinogenic, teratogenic, or mutagenic properties in or through the marine environment;

(9) Radioactive substances, including their wastes, when their dump or flow do not comply with the principles of radiation protection as defined by the competent international organizations, taking into account the protection of the marine environment.

Note: in subsections (1), (2), and (3), materials which are biologically harmless or which are rapidly converted into biologically harmless substances are excepted.

2. Substances, families and groups of substances or sources of pollution as detailed in annex II to the Protocol … while taking into account that they are generally less noxious or are more readily rendered harmless by natural processes:

(1) The following elements and their compounds: zinc, copper, nickel, chromium, lead, selenium, arsenic, antimony, molybdenum, titanium, tin, barium, beryllium, boron, uranium, vanadium, cobalt, thallium, tellurium.

(2) Biocides and their derivatives not covered in annex I [of the Protocol];

(3) Organosilicon compounds and substances which may form such compounds in the marine environment, excluding those which are biologically harmless or are rapidly converted into biologically harmless substances;

(4) Crude oil and hydrocarbons of any origin;

(5) Cyanides and fluorides;

(6) Non-biodegradable detergents and other surface-active substances;

(7) Inorganic compounds of phosphorus and elemental phosphorus;

(8) Pathogenic microorganisms;

(9) Thermal discharges;

(10) Substances which have a deleterious effect on the taste or smell of products for human consumption derived from the aquatic environment, and compounds liable to give rise to such substances in the marine environment;

(11) Substances which have, directly or indirectly, an adverse effect on the oxygen content of the marine environment, especially those which may cause eutrophication;

(12) Acid or alkaline compounds of such composition and in such quantity that they may impair the quality of sea water,

(13) Substances which, though of a non-toxic nature, may become harmful to the marine environment or may interfere with any legitimate use of the sea owing to the quantities in which they are dumped.