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Law (1999:381) On The Control Of Major Chemical Accidents

Original Language Title: Lag (1999:381) om åtgärder för att förebygga och begränsa följderna av allvarliga kemikalieolyckor

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The purpose of the law



§ 1 the aim of this law is to prevent serious

chemical accidents and limiting the consequences of such accidents

to human health and the environment.



Expression in law



section 2 of this Act, the following expression is used with the below specified

importance.



Serious chemical accident: accident involving one or more dangerous

substances involved, for example. emission, fire or explosion,

caused by uncontrolled chain of events in connection with

the operation of the activities covered by this law, and that

causes immediate or delayed, serious risk to

human health or the environment, inside or outside

the business.



Dangerous substances: substances and mixtures, which the Government has

announced regulations on the present as a raw material or

as products, by-products, waste products and

intermediate products, including those which can reasonably be

formed in the event of an accident.



Activities: the entire area under a

operator's management or control or more

operator's common management or control, and which

There are dangerous substances in one or more installations,

including both the geographical area as joint or

related infrastructures or activities.



Facility: technical unit within an establishment, either

above or below ground level, where hazardous substances are manufactured,

used, handled or stored. This includes all

equipment, constructions, pipelines, machinery,

Tools, individual industrial railways, docks, bridges,

Piers, warehouses or similar structures, floating or

fixed, as are necessary for the operation of the plant.



"Operator" means any natural or legal person who

operates or holds an establishment or facility, or who

otherwise have the right to make critical financial or

other decisions concerning the company's or facility's technical

operation. If several operations with a common owner is

co-located, must be regarded as a single operation and

the common owner operator.



Inventory: occurrence of a certain quantity of dangerous substances for

warehousing, storage or warehousing. Law (2015:233).



The scope of the law



section 3 of this Act apply to activities in which certain dangerous

substances are present. Activities belongs to a lower or higher

requirement level, depending on the dangerous substances concerned and in

what amount of the present. The Government may announce

regulations on the dangerous substances referred to and which

a lot of these as required for a business to belong

the lower or upper tier.



With the presence of dangerous substances "means the actual or

expected the presence of such substances in an activity or

the presence of such substances that may reasonably be expected to

occur in an uncontrolled process or at a

uncontrolled reaction in a layer. Law (2015:233).



section 4 of the Act shall not apply to the



1. the hazards created by ionizing radiation that emanates

from topics,



2. the management of dangerous substances covered by the law

(2006:263) on the transport of dangerous goods and that is taking place outside

activities,



3. the carriage of dangerous substances that occur in bulk in vessels

When the shipment is made in the ship's fixed tanks, or dangerous

substances used as propellant in vessels, outside the

activities covered by this law,



4. the carriage of dangerous substances in pipelines outside the

activities covered by this law, or



5. military activities.

Law (2015:233).



§ 5 in the case of activities that may give rise to serious

chemical accidents shall apply in addition to this law, including those in

other teams.



When it comes to protection against ill-health and accidents at work, as well as in

such respects otherwise mainly refers to the working environment

apply the provisions of the work environment Act (1977:1160).



Obligations of operators



section 6, an operator shall prevent risks of

serious chemical accidents. In the case of a serious

chemical accident has occurred is an operator required

to limit their consequences for human health and the environment.



General care-demanding rules, applicable to the operator,

see Chapter 2. the environmental code.



section 7 of the activities covered by this law shall

the responsible party shall submit a written notification to the

the County Administrative Board in the county where the business is located.



A notifiable activities may commence not earlier than six

weeks after the notification has been made, if not

the County Administrative Board decides otherwise.



If the activity is subject to authorisation under

the Environment Act, the Government may provide for

limitations of the notification requirement. Law (2015:233).



8 § the operator shall draw up a programme of action for

how serious chemical accidents must be prevented.

The action programme will be implemented through a

security management system.



The action programme shall be submitted to the Administrative Board in the County

where the business is located. Law (2015:233).



9 § the Government may provide that it shall be prohibited to

construction without permission or change an activity covered

of this law, even if the permit is not required under the environmental code.



The application for authorisation referred to in the first subparagraph shall be considered by the

land and Environment Court. An action for such a condition is

application objectives under the Environment Act. The Government may provide that

application for permit for certain types of activities shall

be reviewed by the provincial government. Law (2010:939).



section 10 Of activities belonging to the upper tier to a

the security report is drawn up.



The safety report shall be submitted to the Administrative Board in the County

where the business is located. Law (2015:233).



11 repealed by law (2015:233).



Plan for internal emergency response



section 12 of the Operators whose activities are associated with higher

requirement level shall, in consultation with the municipality and the employees as well as

other staff can affect the safety set up an internal

plan for rescue operations. The plan shall be submitted to

the County Administrative Board in the county where the business is located.

Law (2015:233).



Some appropriations



12 a § Government or authority Government

determines may provide for what the documents

specified in 7, 8, 10 and 12 sections should contain, when they are

updated and when and how they should be submitted to

the County Administrative Board.



Government or authority the Government determines may

also provide for the measures a

operators to take in connection with the internal

emergency plan. Law (2015:233).



The influence from the environment



section 13 of the security process to the operator, in addition to

the conditions of their own activities, also take into account

other factors in the environment that may affect safety.

The proximity to other activities covered by the Act,

in particular, be taken into account.



In the investigation of whether there are factors referred to in the first

paragraph, the operator shall consult with State and

municipal authorities, organizations and individuals that may have

interest in the matter. If necessary for the investigation, the

the operator may request assistance from the regulator

in accordance with section 21.



These factors and measures should be reported in the application and in

the safety report.



Government or authority the Government determines may

provide for the consultation provided for in the second paragraph,

happen and derogating from these consultation obligations. Law (2015:233).



13 a section About the investigation in accordance with section 13 indicates that two or more

activities may interact to the relevant

operators Exchange appropriate information in order to

take into account the nature and extent of the overall hazard of a

serious chemical accident in its programme of action,

safety management systems, safety reports and internal

emergency plans.



The operators covered by the first paragraph, the

jointly develop information and submit it to the municipality

or the communities where activities are located. Law (2015:233).



Information



section 14 of The municipality where a business is located shall ensure that

public access to up-to-date information on the

activities covered by this law.



For activities that are part of the upper tier should

the data also indicate which

security measures to be taken and how the people who

at risk to be affected should behave in the event of an accident. This

also applies in relation to people in another municipality.



The responsible party shall bear the costs related to

information to be provided. Law (2015:233).



14 (a) § Government or authority Government

determines may provide for the information to be

provided pursuant to 13A and 14 sections and about how it will be disseminated.

Law (2015:233).



Supervision



General supervision



15 § the Swedish civil contingencies Agency and

the County Government (regulatory authorities) to have oversight over to

This Act and the regulations that have been announced, with the support of

the law is followed.



Government or authority the Government determines may

provide for supervision according to this law.

Law (2015:233).



16 repealed by law (2015:233).



17 repealed by law (2015:233).



section 18 of the provincial Government shall adopt a protection plan for the

activities covered by this law. On the basis of

the inspection plan to the County Board draw up an inspection programme

for each activity. Law (2015:233).



Fees for supervision



§ 18 a Government or authority Government

determines may provide for fees for Government

costs for supervision according to this law.



The Government may provide that an authority may

decide that its decision to charge fees in accordance with this

law or by regulations given pursuant

This Act shall take effect immediately. Law (2015:233).



Access to supervision



section 19 for regulatory oversight has regulatory authority entitled to receive

access to a business. The regulator has also

the right to receive information and access to the documents

need for regulatory oversight.



The police authorities shall provide the necessary assistance to


the supervisory authority shall have access to an activity.



Injunctions and prohibitions



section 20 of The regulator may announce the orders and

ban needed on a case-by-case basis to ensure that

This law or regulations given pursuant

the law is followed. The same applies to judgments and decisions under

the environmental code.



Injunctions and prohibition shall not restrict a decision or

Decree of authorization in an application goal under the Environment Act that has

the force of res judicata in accordance with Chapter 24. section 1 of the environmental code.



More intervention measures beyond what is necessary in the specific case

must not be used.



section 21 regulatory authority may upon such investigation of effects

the provisions of section 13 shall submit to an operator or any

else to provide the information needed for the investigation.



VITE



section 22 of the decision on the injunction or prohibition may be subject to a penalty.

Questions about to impose penalty payments examined by the land and Environment Court.

Law (2010:939).



Enforcement at the felandes expense



section 23 If an operator does not do what he or she is

guilty of according to the injunction, the

authority shall take action at his or her expense.



Other provisions



section 24 If there are special reasons, a regulatory agency

decide that the decision shall apply even if the appeal.



Appeal



section 25 Swedish civil contingency or

the County Board's decision under this Act or under the

rules given by virtue of this law,

be appealed to the land and Environment Court under Chapter 21. 1 §

second subparagraph, environmental code.



Decision on the inspection plan and inspection programme shall not

be appealed. Law (2015:233).



Transitional provisions



1999:381



1. This law shall enter into force on 1 July 1999.



2. For existing activities covered by the Act, notification

According to section 7 is submitted to the regulatory authority no later than 1 January

2000, as well as the safety report and the internal plan for

rescue operations at the latest by 1 January 2001. For existing

activities not covered by the Council directive on

major-accident hazards of certain industrial activities, 82/501/EEC,

However, the safety report and the internal plan for

rescue operations be submitted to the supervisory authority at the latest by 1

February 2002.