NEW ZEALAND GAZETTE, No. 104 — 24 SEPTEMBER 2015

Pursuant to section 66 of the Hazardous Substances and New Organisms Act 1996 ("the Act"), the Environmental Protection Authority (EPA) issues the following notice.

Notice

1. Title—This notice is the Hazardous Substances (Dichlorvos-Containing Substances Direction Prohibiting Use and Controlling Storage and Disposal) Notice 2015.

2. Commencement—This notice comes into force 28 days after the date of notification in the New Zealand Gazette.

3. Interpretation—(1) In this notice, words and phrases have the meanings given to them in the Act and in Regulations made under the Act.

(2) In this notice, the following words have the following meanings:

Collector means a person, other than the holder, who collects, transports or stores dichlorvos-containing substances, for the purpose of disposal, in accordance with this notice.

Decision Report means the decision report* for the EPA reassessment application APP202097, lodged under section 63 of the Act.

Dichlorvos means dichlorvos (CAS Number 62-73-7).

Dichlorvos-containing substance means any of the following substances:

Flammable aerosol containing 3.1 g/litre dichlorvos and 8.7 g/litre propoxur, formerly approved under the Act with approval number HSR000207;

Ready to use liquid containing 4.4 g/litre dichlorvos and 9.6 g/litre propoxur, formerly approved under the Act with approval number HSR000209.

Environmentally sound disposal means disposal in accordance with clause 7 of this notice.

Holder means a person who is in possession of any dichlorvos-containing substances on or after the date this notice comes into force prior to collection by a collector.

4. Prohibition on use—(1) No person may use a dichlorvos-containing substance after the expiry of 15 March 2016.

5. Controls on use of dichlorvos-containing substances until 15 March 2016—(1) The controls set out in the Annex to the Decision Report shall apply to the use of a dichlorvos-containing substance from the date of commencement of this notice until the expiry of 15 March 2016.

6. Storage of dichlorvos-containing substances—Holders and collectors must ensure that a dichlorvos-containing substance is only stored in suitable containers and kept in buildings and places which are:

(a) secure and suitable for the purpose taking into account the quantities stored, moisture control ventilation and spill containment; and

(b) sited so that the risk of contamination of people, animals, crops and the environment is minimised.

7. Controls on the disposal of dichlorvos-containing substances—(1) A dichlorvos-containing substance may be disposed of by:

(a) treating the substance using a method that changes the characteristics or composition of the substance so that the substance or any product of such treatment is no longer a hazardous substance; or

(b) exporting the substance from New Zealand as waste for environmentally sound disposal provided that such export complies with New Zealand law.

(2) In subclause 7(1)(a), treating the substance does not include:

(a) application to or discharge to any environmental medium, save in the case of use of a dichlorvos-containing substance before the expiry of 15 March 2016 in accordance with the controls set out in the Annex to the Decision Report; or

(b) dilution of the substance with any other substance before discharge into the environment; or

(c) depositing the substance in a landfill or a sewage facility; or

(d) depositing the substance in an incinerator unless in doing so the substance is treated in accordance with subclause 7(1)(a).

(3) All stocks of dichlorvos-containing substances must be disposed of by the expiry of 15 March 2016.

8. Controls on collectors of dichlorvos-containing substances—(1) A collector must ensure that equipment used to handle the substance complies with Regulation 7 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001.

(2) A collector who handles a dichlorvos-containing substance must comply with Regulation 8 of the Hazardous

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