Circular No. 71/2023/TT-BCA on environmental testing procedures for wastewater of the People's Police Force

CIRCULAR

Regulations on environmental testing for wastewater of the People's Public Security Forces

Pursuant to the Environmental Police Ordinance dated December 23, 2014;

Pursuant to Decree No. 105/2015/NĐ-CP dated October 20, 2015 of the Government detailing the implementation of certain provisions of the Environmental Police Ordinance;

Pursuant to Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Environmental Crime Prevention Police Department;

The Minister of Public Security issues this Circular regulating environmental testing for wastewater by the People's Public Security Forces.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the sampling, on-site measurement, wastewater testing, professional conditions of testing officers, quality assurance, and quality control in environmental testing for wastewater by the People's Public Security Forces (hereinafter referred to as wastewater testing).

Article 2. Applicability

1. Units and local public security organs; officers, non-commissioned officers, and soldiers of the People's Public Security Forces performing wastewater testing tasks.

2. Agencies, organizations, and individuals related to wastewater testing.

Article 3. Principles for applying wastewater testing methods

1. Wastewater testing must be conducted according to the methods prescribed in this Circular or national technical standards for wastewater.

2. If the wastewater testing methods prescribed in this Circular are amended, supplemented, or replaced, the new methods shall be applied.

Article 4. Definitions

In this Circular, the following terms are understood as follows:

1. Wastewater testing is the activity of sampling, measuring, and testing wastewater samples according to a specific procedure to determine the extent to which environmental parameters exceed the thresholds specified in environmental technical standards for wastewater.

2. Sampling location for wastewater is the place, area, production, business, service facility from which one or more different wastewater samples can be collected.

3. Sampling point for wastewater is the specific position determined within the sampling location for wastewater.

4. Wastewater sampling is the activity of state agencies with authority to collect wastewater samples to determine the extent to which environmental parameters exceed permissible levels or the presence of pollution factors, with the purpose of detecting, proving, and preventing violations of environmental laws.

Article 5. Professional Conditions of Wastewater Testing Officers

1. Officers responsible for wastewater sampling and on-site measurements must have at least a college degree and hold a certificate confirming they have been trained or further educated in wastewater sampling and on-site measurements.

2. Officers responsible for wastewater sample testing must have at least a bachelor’s degree and hold a certificate confirming they have been trained or further educated in wastewater sample testing.

Article 6. Responsibilities of Wastewater Testing Officers and Their Managing Units

1. Wastewater testing officers as stipulated in Article 5 of this Circular are responsible for:

a) Properly implementing operational procedures for using and maintaining testing equipment and being accountable for the use of such equipment;

b) Ensuring that assigned equipment operates normally and stably, has been calibrated or tested as required; taking measures to mitigate or limit impacts according to manufacturer guidelines or recommendations; fully implementing quality control procedures and ensuring quality.

2. Units managing wastewater testing officers are responsible for:

a) Establishing records for managing testing equipment including: history; usage instructions; usage logs; calibration or testing certificates; handover records for equipment;

b) Organizing maintenance, testing, and calibration of testing equipment; purchasing chemicals and supplies as required, promptly repairing testing equipment to ensure operations;

c) Opening and storing records of professional capabilities of testing officers: scientific histories; training records; relevant diplomas, certificates, and certifications; tables summarizing testing capabilities of officers;

d) Fully opening and storing records of wastewater testing, including sampling records, on-site measurement records, wastewater sample testing records, and all directly related documents and materials to the testing case.

Article 7. Selection of cooperating units

1. When the capacity of sampling units and testing units under the People's Public Security force does not meet requirements, external cooperating units outside the People's Public Security force shall be utilized. The cooperating unit must have a valid Certificate of Qualification for Environmental Monitoring Services with the required parameters to be tested.

2. When selecting cooperating units that meet wastewater testing requirements, a list accompanied by a capability dossier must be established and approved by the competent authority. Only cooperating units listed in the approved list may be used.

3. When collecting wastewater samples and conducting on-site inspections, the unit under the People's Public Security force must take the lead and jointly record the sample collection report and the on-site environmental inspection report with the cooperating unit.

Article 8. Forms to be Used in Wastewater Testing

1. The following forms are issued along with this Circular for use in wastewater testing:

a) Appendix I: Plan for Sample Collection and Preservation of Wastewater;

b) Appendix II: Report on Wastewater Sample Collection;

c) Appendix III: Summary Table of Wastewater Environmental Parameters and Technical Preservation Methods;

d) Appendix IV: Methodology for Wastewater Testing.

2. The forms: Request for Environmental Sample Testing; Record of Sample Collection and Sealing; Record of Unsealing and Transfer of Environmental Samples; On-Site Environmental Inspection Record; Laboratory Environmental Inspection Record; Testing Results; Testing Results with National and International Accreditation Certificates according to ISO/IEC 17025 Standards; Inspection Conclusion; Inspection Conclusion with National and International Accreditation Certificates according to ISO/IEC 17025 Standards are issued together with Circular No. 61/2012/TT-BCA-C41 dated October 16, 2012, issued by the Minister of Public Security regarding various forms to be used in environmental testing activities serving preventive, detection, and violation handling work related to environmental protection by the People's Police force.

Chapter II
SPECIFIC PROVISIONS

Section 1
COLLECTION OF WASTEWATER SAMPLES AND ON-SITE TESTING

Article 9. Implementation of Preparation Work for Wastewater Sample Collection and Preservation

1. Upon receiving the task, the assigned staff member is responsible for gathering necessary information to prepare a plan. The plan for wastewater sample collection and preservation, prepared according to Appendix I issued alongside this Circular, must be approved by the direct leader or commander overseeing the staff member to confirm the contents to be implemented.

2. Staff members tasked with wastewater sample collection must fully prepare all necessary files, materials, chemicals, tools, equipment, and personal protective equipment in accordance with the approved plan for wastewater sample collection and preservation.

Article 10. Wastewater Parameters Required for Testing

1. The wastewater parameters required for testing are those specified in Appendix III issued alongside this Circular and other parameters as stipulated in technical standards for wastewater.

2. The basis for selecting distinctive wastewater parameters that may exceed permissible limits for testing includes: environmental technical standards, environmental permits, production types, scale, source characteristics, information from reconnaissance and basic investigations, and requirements from authorized state agencies to determine the parameters to be tested.

Article 11. Determination of Sampling Points for Wastewater

1. The sampling point for wastewater shall be selected at the discharge outlet where there is turbulent flow, uniform mixing of wastewater, easy accessibility, and safety for personnel and sampling equipment. If the proposed sampling location does not ensure safety, it must be eliminated and another location chosen that ensures safety.

2. After determining the sampling point for wastewater, the geographic coordinates of the sampling point must be determined. In cases where geographic coordinates cannot be determined, a fixed reference object must be selected to describe the position of the sampling point in the sampling record.

3. In cases where the wastewater discharge outlet does not have a location with turbulent flow, one of the following two methods shall be used to create turbulent flow:

a) Select at least three positions or more across the cross-section of the wastewater flow, not close to the banks of the wastewater flow. Collect samples using technical methods at the selected positions with nearly equal volumes within a period not exceeding fifteen minutes, thoroughly mix to achieve a homogeneous sample.

b) Create a V-shaped or rectangular barrier to narrow the cross-sectional area of the wastewater flow, select the sampling point at the position behind the narrowed section, at least three times the diameter of the discharge outlet away from the narrowing point.

Article 12. Conducting Collection and Preservation of Wastewater Samples

1. The collection of samples must involve the owner of the wastewater source facility or their representative. In cases where the owner or representative is absent or uncooperative, the team leader has the responsibility to prepare a record of absence or non-cooperation and must have a witness present during the sample collection.

2. Use sampling tools, means, and equipment to collect wastewater into intermediate containers. If the depth of the wastewater flow is less than one meter, the sampling depth should be one-third of the flow depth measured from the water surface. If the depth of the wastewater flow exceeds one meter, sampling should be conducted at a depth ranging from twenty centimeters to fifty centimeters from the water surface. For small discharge outlets and waterfall types, the sampling point should be located in the middle of the wastewater flow. If the wastewater flow needs to be mixed evenly, after stirring, wait five minutes for coarse particles to settle before proceeding with sampling. Filtration of debris must be performed before placing the sample into the intermediate container.

3. When collecting samples to determine floating substances and emulsified substances, rinse the intermediate container with wastewater, pour out the rinsed water, then collect the sample as usual.

4. Sample preservation: For wastewater samples requiring chemical preservation, add chemicals according to the Environmental Water Quality Parameters Summary Table and Preservation Techniques in Appendix III issued together with this Circular or national standards on sample preservation and treatment. After adding the required amount of chemicals, top up the wastewater volume until full as specified, then tightly seal the container lid. The sampler officer must check the container's seal; if it is not secure, replace the container.

Article 13. Conducting Labeling of Sample Seals

1. The sampler officer is responsible for recording information on the label including: Sample code, preservative chemicals, and sampling time. The sample code must be recorded in such a way as to avoid confusion during record preparation, transportation, testing, storage, and must not be duplicated among samples collected within one year, clearly reflecting the unique characteristics of the sampling location.

2. When applying the label, it must firmly adhere to the container without being affected by water, transparent tape should be used to cover the label surface and wrap around the container more than once to securely fix and seal the entire label to the container wall.

Article 14. Sealing of wastewater samples

1. Staff collecting samples shall be responsible for sealing the collected wastewater samples. Use sealing labels to cover the contact area and secure the entire surface of the label with adhesive tape.

2. The sealing label must bear the signatures of the sample collection staff and the waste source owner or their representative. In cases where the waste source owner or their representative is absent or uncooperative, the signature of a witness must be obtained.

Article 15. Establishing a record for sample collection and sealing

The record for sample collection and sealing shall be established according to the Model Record for Sample Collection and Sealing of Environmental Samples. All information in the record must be fully recorded. If the record consists of multiple pages, it must have the stamp of the waste source facility or the local government authority where the waste source operates, and the signatures of all individuals named in the record for sample collection and sealing of environmental samples.

Article 16. Transporting wastewater samples to the testing unit

1. Collected wastewater samples must be immediately transported to the testing unit, except in cases of force majeure, which must be reported immediately to the head of the working group or direct leadership for handling.

2. Before transporting wastewater samples to the testing unit, compare the Model Record for Sample Collection and Sealing of Environmental Samples with the collected wastewater samples.

3. All sample containers must be stored in insulated boxes under environmental conditions with a temperature of 5 ± 3°C. ^°C.

4. It is necessary to maintain the environmental conditions for preserving wastewater samples in accordance with the prescribed standards throughout the transportation process.

Article 17. On-site environmental monitoring

1. For wastewater parameters that require on-site monitoring, the sample collection staff shall conduct measurements at the selected sampling points.

2. On-site monitoring shall be conducted immediately before or simultaneously with the sample collection process and must be witnessed by representatives of the waste source owner or the waste source facility or a witness. Photographs or videos of the monitoring activities shall be taken.

3. The sample collection staff shall establish a record of the monitoring content according to the Model Record for On-Site Environmental Monitoring. The record must clearly state the results and be read directly on-site, bearing the signature of the waste source owner or their representative or a witness.

Article 18. Completion of Wastewater Sample Collection Work

1. The sample collection unit shall immediately hand over the wastewater samples and the Model Record for Sample Collection and Sealing of Environmental Samples to the wastewater sample testing unit, except in cases of force majeure. The handover must be documented according to the Model Record for Sample Collection and Sealing of Environmental Samples. When opening the seal, representatives from both the testing unit and the wastewater sample collection unit must be present.

2. The unit requesting sample collection shall issue a request for environmental sample testing according to the Model Request for Environmental Sample Testing.

3. If the sample is handed over to an external unit outside the Public Security Department for testing, the testing unit shall not hand over the Model Record for Sample Collection and Sealing of Environmental Samples; the Model Request for Environmental Sample Testing shall not include information about the waste source facility.

4. Wastewater sample collection staff shall prepare a report on wastewater sample collection according to the model attached as Appendix II to this Circular. The report must detail the discharge situation, treatment system, and any unusual observations at the time of sample collection.

Section 2
TESTING OF WASTEWATER SAMPLES

Article 19. Wastewater Testing Procedure

1. The testing unit, upon receiving wastewater samples for testing, must evaluate the wastewater samples and consider the testing requirements to determine compatibility with the testing capacity. If it does not meet the testing capacity, refuse testing or use a collaborating unit to perform it; if accepting wastewater samples for testing, proceed to code the wastewater samples and assign staff to carry out the task.

2. Testing staff shall prepare appropriate equipment, tools, chemicals, and materials based on testing parameters and methods.

3. Testing staff shall conduct testing according to procedures established for each specific method.

4. Completion of wastewater sample testing.

Testing staff are responsible for writing the environmental testing report according to the Environmental Testing Report form at the laboratory and issuing the environmental testing conclusion according to the Environmental Testing Conclusion form or the Environmental Testing Conclusion form with a laboratory certification meeting National and International standards under ISO/IEC 17025 standard. In cases where conditions for concluding are not met, write according to the Environmental Testing Result form or the Environmental Testing Result form with a laboratory certification meeting National and International standards under ISO/IEC 17025 standard. Remaining samples after testing are stored according to quality control regulations and environmental sample management regulations. The storage period for tested wastewater samples is 30 days after the completion of testing unless otherwise required.

Article 20. Environmental Conditions Requirements for Wastewater Testing Units

1. The equipment storage room needs to have an area of at least 15 m², equipped with air conditioning, dehumidifier, temperature and humidity monitoring devices; ensuring temperature between 10 ÷ 30°C and humidity ≤ 80%.² equipped with air conditioning, dehumidification, temperature and humidity monitoring devices; ensuring a temperature range from 10 ÷ 30°C, humidity: ≤ 80 %.^°C and humidity < 85 %.

2. The environmental sample testing room must be separate from the equipment storage room, equipped with an analysis table; toxic gas exhaust cabinet; shelves or cabinets for storing materials and chemicals; sink for cleaning tools; air conditioning; ventilation fans; ensuring temperature within 23 ± 7°C and humidity < 85%. ^°C and humidity < 85 %.

Article 21. Quality Assurance and Quality Control of Wastewater Testing

The testing unit must establish and maintain quality control and assurance requirements, including personnel, infrastructure, environmental conditions, equipment management and usage, wastewater sample management, document control, testing record documentation, and related documents.

Chapter III
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Circular takes effect from February 1, 2024, replacing Circular No. 41/TT-BCA dated May 6, 2020, issued by the Minister of Public Security on wastewater testing.

Article 23. Responsibility for Implementation

1. The Director of the Environmental Crime Prevention Police Department is responsible for directing, guiding, inspecting, and urging local police units to implement this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Directors, Municipal Police Directors directly under the Central Government, and relevant organizations and individuals are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units, organizations, and individuals should report to the Ministry of Public Security (through the Environmental Crime Prevention Police Department) for timely guidance./.