National Environment (Waste Management) Regulations, 2020 — Esheria

Statute

National Environment (Waste Management) Regulations, 2020

Statutory Instrument 49 of 2020 Country: Uganda As of: 20 Mar 2020 Status: In force Sections: 68
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Section 1

Preliminary - Title

Part I: Preliminary

Section Title Section These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020.

Section 2

Preliminary - Interpretation

Part I: Preliminary

Section Interpretation Section In these Regulations, unless the context otherwise requires— “ Act ” means the National Environment Act, 2019; “ after-care ” means measures that are necessary to be taken in relation to a waste management facility for the purposes of preventing harm to human health or the environment, following cessation of operations and decommissioning of a facility; “ Authority ” means the National Environment Management Authority established under the Act ; “ authorised officer ” means an officer of the Authority or any other person authorised to act on behalf of the Authority under the Act ; “ Board ” means the Board of the Authority appointed under the Act ; “ co-generation plant ” means any stationary or mobile plant in which waste is treated by thermal means for the purpose of disposal and for generation of energy; “ currency point ” has the value assigned to it in Schedule 1 of these Regulations; “ disposal ” means any operation related to waste management which is not a recovery operation even where the operation has as a secondary consequence the extraction of substances or energy; “ domestic waste ” means waste generated from households; “ electrical or e...

Section 3

Preliminary - Application of Regulations

Part I: Preliminary

Section Application of Regulations Section These Regulations apply— to all waste classified, characterised and categorised under Schedule 2, Schedule 3 and Schedule 4 to these Regulations; to the generation, collection, transportation, storage, treatment and disposal of waste ; to transboundary movement of waste ; and to all waste management facilities. For the avoidance of doubt, subregulation (1) shall not apply to petroleum waste regulated under the Petroleum (Waste Management) Regulations, 2019.

Section 10

General provisions relating to waste management - Use of good waste management practices

Part II: General provisions relating to waste management

Section Use of good waste management practices Section A person who generates hazardous waste or a waste handler shall— put in place measures and management systems for handling hazardous waste , including ensuring that hazardous waste is segregated and managed at source and at the waste management facility by way of waste stream identification and clarification, to facilitate its appropriate handling and traceability; ensure that the classification of waste , further handling and treatment of the waste is not distorted by mixing or dilution of the waste ; put in place measures for segregation of the waste to ensure that the hazardous waste is identified, separated and managed differently from the non- hazardous waste ; and ensure continuous improvement in the waste management practices as technology advances.

Section 11

General provisions relating to waste management - Environment management system

Part II: General provisions relating to waste management

Section Environment management system Section The environmental management system referred to under subregulation (1) shall include— The waste management plan referred to under subregulation (2)(e) shall— A person who generates hazardous waste and a waste handler shall establish, maintain and implement an environment management system to ensure compliance with the requirements of the Act , the National Environmental (Audit) Regulations, 2020, these Regulations, conditions in the licence and any other applicable law. measures for compliance with the waste management hierarchy specified in regulation 7 ; operating procedures for waste handling and the equipment available for waste management ; health, safety, social and environmental safeguards; an environmental management and monitoring plan where applicable, developed in accordance with the National Environment (Environmental and Social Assessment) Regulations, 2020; waste management plan which shall consider the choice of waste management options and their impacts on human health or the environment, including the ecological sensitive areas; mechanisms for traceability of waste and waste streams from the point of waste generation t...

Section 4

General provisions relating to waste management - Compliance with environmental principles

Part II: General provisions relating to waste management

Section Compliance with environmental principles Section A person who generates waste , a waste handler or a product steward shall, in compliance with the environmental principles set out in section 5 of the Act — ensure resource efficiency— apply measures in the management of waste to prevent harm to human health and ensure safety of human beings; apply measures in the management of waste to prevent pollution, harm to biological diversity and contamination of the wider environment by waste ; use best available technologies and best environmental practices to manage waste ; and by the application of the waste management hierarchy and the control or minimisation of the generation of waste to the greatest extent possible; by promoting proper cyclical use of resources; and by ensuring proper disposal of circulative resources not put into cyclical use.

Section 5

General provisions relating to waste management - Responsibility for waste management

Part II: General provisions relating to waste management

Section Responsibility for waste management Section A person who generates waste , a waste handler or product steward has a duty of care and shall take measures to ensure that— A waste handler shall, in accordance with the Occupational Safety and Health Act , 2006, ensure that employees involved in the collection, transportation, storage, treatment or disposal of waste are— waste is managed appropriately and securely in accordance with the Act , these Regulations, any other applicable law, environmental standards and conditions of the licence; waste is managed in a manner that does not cause harm to human health or the environment; any leakage or spillage of waste is quickly detected and managed; and spillages which may cause pollution are managed in accordance with regulation 95 . aware of the risks or hazards associated with handling of the waste ; protected from exposure to health hazards; provided with appropriate personal protective equipment, first aid facilities and proper training; and accorded periodic and annual medical check-up as may be commensurate to the health risks they face. The Authority , lead agency , a person who generates waste , a waste handler and a product...

Section 6

General provisions relating to waste management - Littering

Part II: General provisions relating to waste management

Section Littering Section A person shall not, in accordance with section 97 of the Act , empty, leave, store or transport waste in a manner that is unsightly or may cause damage or nuisance to the environment. For the avoidance of doubt, subregulation (1) applies to wrecked vehicles, aircrafts and other vessels or similar large detached objects. A person responsible for a waste management facility or a person transporting waste to a storage, treatment or disposal facility shall take appropriate measures to avoid littering. A person who litters shall be responsible for the necessary clean-up. The Authority or lead agency may direct the person who litters to clean-up to the satisfaction of the Authority or the lead agency . Notwithstanding subregulation (5) , any other person may require the person who litters to clean-up and dispose of the waste in a responsible manner. Where the person in subregulation (4) fails, neglects or refuses to clean-up as required, the Authority or lead agency may undertake the clean-up at the expense of that person and shall require payment of costs and expenses incurred by it in the clean-up exercise.

Section 7

General provisions relating to waste management - Waste management hierarchy

Part II: General provisions relating to waste management

Section Waste management hierarchy Section A person who generates waste , a waste handler or a product steward shall manage waste in accordance with the Act and these Regulations through the application of the following hierarchical waste management practices— prevention; reduction and recovery at source; re-use ; recycling ; other recovery ; treatment; and responsible disposal . When applying the waste management hierarchy referred to in subregulation (1) , the person who generates waste , a waste handler or a product steward shall apply the options that deliver the best overall environmental outcome and the least negative impact to the environment and human health, taking into consideration best available technologies and best environmental practices.

Section 8

General provisions relating to waste management - Waste streams

Part II: General provisions relating to waste management

Section Waste streams Section A person who generates industrial waste , a waste handler or product steward shall identify all waste streams with respect to volumes and any significant risks that the waste may pose to human health and the environment. The waste streams identified under sub regulation (1) shall be quantified, characterised and documented to determine the best waste management options. A person who generates industrial waste , a waste handler or product steward shall continuously monitor and evaluate the processes that generate waste streams from source through to recovery , recycling and disposal to ensure compliance with the Act and these Regulations.

Section 9

General provisions relating to waste management - Intractable waste

Part II: General provisions relating to waste management

Section Intractable waste Section A person who generates waste , a waste handler or product steward shall, where the generation of intractable waste is not preventable under regulation 7(1)(a) and where there are no recycling , treatment or disposal options within Uganda, ensure that the waste is exported for proper disposal in accordance with these Regulations.

Section 12

Licence to manage waste - Application for licence to manage waste

Part III: Licence to manage waste

Section Application for licence to manage waste Section An application under this regulation shall— contain general information regarding— contain, in respect to transportation— contain, in respect to storage— contain, in respect to treatment and disposal — A person who intends to carry out the business of collecting, transporting, storing, treating or disposing of waste and any other person required under these Regulations shall apply to the Authority for a licence. An application referred to in subregulation (1) shall be in the form set out in Schedule 5 to these Regulations and shall be accompanied by proof of payment of the fee prescribed in Schedule 6 to these Regulations. An application referred to in subregulation (2) shall, as applicable, be accompanied by a copy of a certificate of approval of environmental and social impact assessment granted for the activity in accordance with the Act and the National Environment (Environment and Social Assessment) Regulations, 2020. the legal status of the applicant; a description of the technical competence and experience of the applicant including the personnel; financial capacity of the applicant; the nature and type of vessels and e...

Section 13

Licence to manage waste - Consent of local government

Part III: Licence to manage waste

Section Consent of local government Section The local government referred to in subregulation (1) shall, before granting the consent ensure that— A person who intends to store, treat or dispose waste shall obtain the written consent of the local government in which the waste management facility is to be located. the intended location of the waste management facility conforms to the requirements in regulation 62 ; and the applicable laws, ordinances, by-laws and planning requirements are complied with.

Section 14

Licence to manage waste - Consultations

Part III: Licence to manage waste

Section Consultations Section The Authority may consult a relevant lead agency before making a decision on an application under this Part. The lead agency consulted under sub regulation (1) shall review the application and submit its comments and recommendations on the application within twenty-one days from the date of receipt of the application.

Section 15

Licence to manage waste - Publication of notice of intention to issue a licence

Part III: Licence to manage waste

Section Publication of notice of intention to issue a licence Section The notice under subregulation (1) shall contain— The Authority may, where it deems necessary and at the cost of the applicant, publish its intention to issue a licence to manage waste in a newspaper of national circulation or any other media at least fifteen days before the issuance of the licence. the name and address of the applicant; the proposed site or activity, where appropriate; where applicable, the invitation to the public to make comments within the period specified in the notice; and any other information the Authority may deem necessary.

Section 16

Licence to manage waste - Processing of application for a licence

Part III: Licence to manage waste

Section Processing of application for a licence Section The Committee may, in processing the application— conduct inspections that are necessary to enable it to make an informed decision regarding— The Authority shall, before issuing a licence under this regulation— The Board shall set up a technical committee on pollution control in accordance with section 21 of the Act . The Committee set up under subregulation (1) shall process applications under this Part, taking into account comments and recommendations received from the lead agency under regulation 14 and, where applicable, from the public under regulation 15(2)(c) . the availability of adequate and appropriate facilities and equipment to transport, store, treat or dispose of the waste for which the application is made; measures for the protection of human health and the environment; any other specific measure that may be deemed necessary; and make recommendations to the Authority in respect to the application. verify that the applicant has adequate financial capacity and has provided an insurance policy under regulation 19 and at least one other form of financial security referred to in regulation 18 ; verify that the applic...

Section 17

Licence to manage waste - Determining financial capacity

Part III: Licence to manage waste

Section Determining financial capacity Section For the purposes of determining the financial capacity of an applicant under regulation 16(4)(a) , the Authority shall be guided by— the net assets of the applicant as disclosed in the annual returns; audited financial statements of the applicant for the last two years or as applicable; the tax obligations of the applicant; the bank statement of the applicant for the last two years or as applicable; the actual stock in trade of the applicant; and key financial ratios.

Section 18

Licence to manage waste - Financial security

Part III: Licence to manage waste

Section Financial security Section The financial security shall guarantee environmental remediation of a waste management facility or vessel where— In determining the financial security to be provided by the applicant under subregulation (1) , the Authority shall take into consideration— The Authority may, in accordance with section 141 of the Act , require an applicant for a licence to provide a financial security in the form of an on-demand bank guarantee in the format set out in Schedule 7 to these Regulations, insurance, performance bonds, escrow agreements or any other form of credit or similar security as the Authority may determine. The financial security obtained under subregulation (1) shall be any one security and an insurance policy under regulation 19 . there is need for immediate response action to an emergency occasioned by the waste management facility , vessel or activity of the waste handler ; decommissioning, restoration and after-care procedures of the waste management facility have not been carried out to the satisfaction of the Authority ; or the waste handler is declared insolvent. the type and quantity of waste that the waste handler is authorised to handle;...

Section 19

Licence to manage waste - Insurance

Part III: Licence to manage waste

Section Insurance Section The Authority may require a person who generates hazardous waste or an applicant to be granted a licence under this Part, to subscribe to an insurance policy. The insurance policy required under this Part shall cover environmental risks likely to arise out of the waste management operations, including harm caused to human health or the environment, and damage to a third party’s property caused by operations of the waste management activity.

Section 20

Licence to manage waste - Grant of licence to manage waste

Part III: Licence to manage waste

Section Grant of licence to manage waste Section The Authority may, after being satisfied that the applicant meets the requirements of the Act and this Part, grant a licence to manage waste . The licence issued under this regulation shall be in the format set out in Schedule 8 to these regulations. A licence granted under this regulation shall not be transferable.

Section 21

Licence to manage waste - Conditions in a licence

Part III: Licence to manage waste

Section Conditions in a licence Section The Authority may, in granting a licence under regulation 20(1) , impose conditions, including requirements relating to— Where a licence relates to operation of a landfill , the Authority may, in addition to the conditions under subregulation (1) , stipulate— Where the licence relates to operation of an incineration or co-generation facility, the Authority may, in addition to the conditions under subregulation (1) , require the waste handler to put in place measures to guarantee that— compliance with conditions of a certificate of approval of environmental and social impact assessment; fitness for purpose of facility or vessel ; qualifications and experience of the personnel; handling, transport, storage, treatment or disposal of waste , including requirements for facilities and equipment; the need to obtain a financial security in accordance with regulation 18 before commencement of operations; the need to subscribe to an insurance policy covering the environmental risks likely to arise out of the waste management activity in accordance with regulation 19 ; pollution abatement, risk reduction and environmental standards , including control o...

Section 22

Licence to manage waste - Duration of licence

Part III: Licence to manage waste

Section Duration of licence Section A licence for transportation of waste shall be valid for a period of two years. A licence for the storage, treatment or disposal of waste shall be valid for a period of three years.

Section 23

Licence to manage waste - Variation, suspension or revocation of licence

Part III: Licence to manage waste

Section Variation, suspension or revocation of licence Section The reasons for variation of the licence under subregulation (1) may be to— Where the variation relates to substantive matters referred to under subregulation (2) , the Authority may require the waste handler — Where the variation is at the initiative of the Authority , the Authority shall— The Authority shall, within twenty one days of completion of the process contemplated for substantive variations in subregulation (2) - The Authority may suspend or revoke the licence where— Where the Authority intends to suspend or revoke a licence, it shall— The Authority may, after the expiration of the period specified in subregulation (9) , suspend or revoke the licence where— The Authority may vary, suspend or revoke the licence issued under regulation 20 . protect human health or the environment; comply with prescribed environmental standards ; or any other reasons the Authority may consider relevant. to halt project activities until the variation has been made and an updated licence has been issued; to conduct such investigations and assessments as the Authority may direct and to submit to the Authority reports with any comme...

Section 24

Licence to manage waste - Renewal of licence

Part III: Licence to manage waste

Section Renewal of licence Section The application referred to under subregulation (1) shall be accompanied by— A person granted a licence under these Regulations may apply to the Authority for renewal of the licence at least sixty days before the expiration of the licence. An application referred to under subregulation (1) shall be in the form set out in Schedule 5 to these Regulations. a copy of the current licence; evidence of compliance with the conditions of the licence to be renewed, including where applicable, the most recent environmental compliance audit report or monitoring reports; a copy of the most recent annual report; proof of financial and technical capacity; where applicable, a confirmation of the financial security, including insurance; proof of payment of the fee prescribed in Schedule 6 to these Regulations; and any other information that may be required by the Authority . The Authority may process the application for renewal in accordance with this Part. The Authority may, in renewing a licence under this regulation, impose any of the conditions specified in regulation 21 .

Section 25

Licence to manage waste - Transfer of waste management facility

Part III: Licence to manage waste

Section Transfer of waste management facility Section Where a waste handler wishes to transfer a waste management facility , the waste handler shall, at least ninety days from the date of the proposed transfer— The application under subregulation (2) shall, in addition to the requirements of regulation 12 , state— notify the Authority in writing of the intention to transfer the facility; and advise the new transferee to apply to the Authority for the issuance of a new licence in accordance with these Regulations using the form prescribed in Schedule 5 to these Regulations. In the absence of the waste handler referred to under subregulation (1) , the transferee shall obtain the waste handler ’s information required under subregulation (2) and notify the Authority of the transfer. The transferee referred to under subregulation (1) shall, within the period stipulated under subregulation (1) , apply to the Authority for a licence to manage waste in accordance with these Regulations. the name and address of the proposed transferee; the technical and financial capacity of the proposed transferee to carry on with the management of the waste ; that the transferee shall be responsible for a...

Section 82

Waste Incineration - General provisions for waste incineration

Part IX: Waste Incineration

Section General provisions for waste incineration Section A waste handler with a licence to incinerate waste shall ensure that the incinerator— The purpose of this Part is to ensure that where incineration is approved as the waste disposal method, the waste is incinerated in a sound and controlled manner and does not cause adverse effects on human health or the environment. is technically sound and controls air pollution, including by flue gas cleaning system; has means of monitoring the performance of the combustion process; is adapted to the specific type and hazardous constituents of waste to be incinerated; is designed to ensure that its operation is in compliance with environmental standards ; where feasible, is designed to provide for recovery of energy; and where feasible, is designed to recover metals or mineral from bottom-ash or slag.

Section 83

Waste Incineration - Registration and control

Part IX: Waste Incineration

Section Registration and control Section A waste handler shall maintain an up to date database of the quantities and characteristics of the waste incinerated at the facility, indicating— A waste handler shall ensure that each type of waste accepted at a waste incineration plant or co-generation plant , is weighed and recorded. Where hazardous waste is accepted at a waste incineration plant or co-generation plant , the waste handler shall ensure that the waste corresponds with the description in the waste manifest. origin of the waste ; date of delivery of the waste ; identity of the person or facility that generated the waste ; where applicable, the method of treatment of the waste prior to incineration ; and the characteristic of the residue material after incineration . The database under subregulation (3) shall be kept for a minimum period of ten years. The database maintained under subregulation (3) shall be made available to the Authority or an authorised officer , upon request.

Section 84

Waste Incineration - Conditions for incineration

Part IX: Waste Incineration

Section Conditions for incineration Section A waste handler shall ensure that a waste incineration plant or co-generation plant is designed, constructed and operated in a manner that meets the following minimum requirements— Waste incineration plants and co-generation plants shall be designed, built and operated to ensure that— incineration plants shall be operated to achieve a level of incineration where the Total Organic Carbon content in the slag and bottom ashes is less than 3 percent or the loss on ignition is less than 5 percent of the dry weight of the material and, if necessary, appropriate techniques of waste pre-treatment shall be used; incineration plants shall be designed, equipped, built and operated in a manner that ensures that the emissions resulting from the process are in compliance with the Act , these Regulations, conditions in the licence and environmental standards ; and each line of the incineration plant shall be equipped with at least one auxiliary burner in case the functionality of the main burner is compromised. the quantity of incineration residue from the operation of the plant is minimised as much as possible, and that valuable components in the resid...

Section 85

Waste Incineration - Maintenance of waste incineration plants and co-generation plants

Part IX: Waste Incineration

Section Maintenance of waste incineration plants and co-generation plants Section The waste handler shall ensure that the incineration and co­generation equipment is maintained in sound operational condition. The waste handler shall document the maintenance systems and procedures for the equipment referred to in subregulation (1) .

Section 86

Waste Incineration - Control of emissions

Part IX: Waste Incineration

Section Control of emissions Section The waste handler shall ensure that a waste incineration plant or co-generation plant is designed, built and operated in a manner which ensures that the emission levels are within the limits prescribed under the Act , these Regulations, environmental air quality standards, any other applicable law and conditions in the licence. Flue gas from incineration plants shall be raised in a controlled manner through a stack. The height of the stack referred to in subregulation (2) shall be at a level that ensures that concentration of air pollution at ground level or at any nearby air in-let does not exceed the air quality standards prescribed under the air quality regulations made under the Act . The Authority may set the required stack height in the licence.

Section 87

Waste Incineration - Control of wastewater discharges

Part IX: Waste Incineration

Section Control of wastewater discharges Section The waste handler shall ensure that a waste incineration plant or co-generation plant is designed, built and operated in a manner that ensures that the concentration of hazardous substances in wastewater from the cleansing of flue gas comply with the requirements of the Act , these Regulations, the Water (Waste Discharge) Regulations, the National Environment (Standards for Discharge of Effluent into Water or Land) Regulations, 2020 and conditions in the licence.

Section 88

Waste Incineration - Monitoring and control of processes

Part IX: Waste Incineration

Section Monitoring and control of processes Section Technological monitoring shall be undertaken to check performance and ability of the facility to control emissions and shall include— Environmental monitoring shall include— Health monitoring shall assess and monitor employee health both prior and during employment and shall include— The waste handler shall undertake technological, environmental and health monitoring to ensure that waste incineration plants or co-generation plants are equipped to monitor operation and control parameters relevant to the incineration process. monitoring of state-of-the-art and best available technology for a smart facility operation; regular inspection, to determine signs of corrosion, wear, blockages or other damage in the facility; and energy recovery aspects of the facility. continuous measurements of pressure, temperature, concentration of pollutants and composition of the flue gas; continuous monitoring of metals and their compounds as well as dioxins and furans; continuous measurements of pH, temperature and flow of wastewater from the cleansing of flue gas; continuous measurements of temperature after the last injection of combustion air, as...

Section 60

Treatment and disposal of waste - Treatment and disposal of waste

Part VII: Treatment and disposal of waste

Section Treatment and disposal of waste Section The waste handler shall treat or dispose waste in accordance with the treatment or disposal methods and environmental standards approved by the Authority and shall use best available technologies and best environmental practices. Where there are no environmental standards , the waste handler may, with the approval of the Authority , use internationally recognised standards. The waste handler shall have quality control and quality assurance protocols to ensure that the treatment and disposal of waste is in compliance with the Act , these Regulations, environmental standards , conditions in the licence and any other applicable law.

Section 61

Treatment and disposal of waste - Treatment and disposal of hazardous waste

Part VII: Treatment and disposal of waste

Section Treatment and disposal of hazardous waste Section Without limiting the general effect of subregulation (2) , the waste handler shall inquire into and ascertain the composition of waste wherever the waste handler has reason to believe that— A waste handler licensed to treat hazardous waste shall, in addition to the requirements in regulation 60 , take reasonable measures to determine the composition, nature and properties of the waste before treatment. For the purposes of subregulation (1) , the waste handler shall, in accordance with these Regulations and any other applicable laws, undertake physical, chemical or biological analyses, taking into account the waste manifest and any relevant published scientific information. a process or operation producing the hazardous waste delivered to the waste management facility has changed; or the description of the waste received at the facility does not match the description of the waste on the accompanying waste manifest.

Section 68

Landfills - General provisions for landfills

Part VIII: Landfills

Section General provisions for landfills Section The purpose of this Part is to ensure that where landfilling of waste is approved by the Authority as the waste disposal method, the waste is landfilled in a sound and controlled manner and does not cause adverse effects on human health or the environment. A waste handler who has been operating a dumpsite before the coming into force of these Regulations shall, within three months from the coming into force of these Regulations, apply to the Authority for guidance to transition from a dumpsite to an engineered landfill . Subject to subregulation (2) , the Authority may require the waste handler to close the dumpsite.

Section 69

Landfills - Landfills

Part VIII: Landfills

Section Landfills Section A waste handler with a licence to own or operate a landfill , shall, in addition to the requirements of regulation 21(2) — ensure, in accordance with regulation 62 , that the engineered landfill is located in an area which— construct an engineered landfill in accordance with the Act , these Regulations, environmental standards , guidelines for landfills issued by the Authority , best environmental practices and best available technologies; has been identified after undertaking research and studies, and found to be suitable for the purpose; has been subjected to environmental and social assessment in accordance with the National Environment (Environmental and Social Assessment) Regulations, 2020; provide an approved secure buffer zone surrounding the active area of the engineered landfill , in accordance with environmental standards ; apply appropriate and effective practices and techniques that prevent leakage of hazardous elements into the groundwater systems and soil, so as to prevent the risk of environmental pollution; and conduct quarterly monitoring of air, water and soil quality in the surrounding environment to establish the level of contaminants a...

Section 70

Landfills - Waste prohibited from being landfilled

Part VIII: Landfills

Section Waste prohibited from being landfilled Section A waste handler shall not landfill — liquid waste ; flammable waste ; explosive or reactive waste ; electrical and electronic waste ; infectious healthcare waste ; radioactive or corrosive waste ; polymers, including non-biodegradable plastics, carrier bags and tyres; glass; waste from research institutions and education facilities that contains chemical substances whose effects on human health and the environment are not known; and any other type of waste as may be determined by the Authority .

Section 71

Landfills - Classes of landfills

Part VIII: Landfills

Section Classes of landfills Section A landfill shall be classified into— Class 2: landfills for non- hazardous waste — Class 1: landfills for hazardous waste in accordance with Part VI other than hazardous waste specified in regulation 70 ; or biodegradable waste ; or inert waste other than similar waste specified in regulation 70 .

Section 72

Landfills - Waste to be accepted in the different classes of landfills

Part VIII: Landfills

Section Waste to be accepted in the different classes of landfills Section A waste handler shall ensure that— a class 1 landfill receives and manages only hazardous waste ; and a class 2 landfill receives and manages only non- hazardous waste . A waste handler shall treat hazardous waste before it is landfilled. A waste handler shall ensure that waste delivered to a landfill is suitable for the landfill and is accompanied with documentation required under these Regulations. A waste handler shall reject waste that does not meet the acceptance criteria for the landfill .

Section 73

Landfills - Waste database

Part VIII: Landfills

Section Waste database Section A waste handler shall maintain an up to date database of the quantities and characteristics of the waste disposed in the landfill , indicating— the type, description and origin of the waste ; the date of delivery of the waste ; the identity of the person or facility that generated the waste ; the method of treatment of the waste prior to landfilling; and in the case of hazardous waste , the exact location of the waste on the site. The database referred to in subregulation (1) shall be kept for a minimum period of ten years. The database maintained under subregulation (1) shall be made available to the Authority , a lead agency or an authorised officer upon request.

Section 74

Landfills - Water control and leachate management

Part VIII: Landfills

Section Water control and leachate management Section A waste handler shall take appropriate measures to— control water from precipitation entering into the landfill mass; prevent surface water or groundwater from entering the landfilled waste ; collect contaminated water and leachate; and treat contaminated water and leachate collected from the landfill to achieve the required discharge quality.

Section 75

Landfills - Protection of soil and water

Part VIII: Landfills

Section Protection of soil and water Section The waste handler shall put in place preventive measures to ensure that soil, groundwater and surface water is protected by lining the landfill as follows— the base and sides of the landfill shall contain a layer which is a combination of— the top layer of the landfill placed during closure and decommissioning shall have a combination of a draining layer, a top liner and where applicable— The waste handler shall ensure that the landfill is situated and designed in accordance with these Regulations, conditions in the licence and the guidelines issued by the Authority to prevent pollution of soil, groundwater or surface water. a geological barrier determined by geological and hydro-geological conditions below and in the vicinity of a landfill site, providing sufficient attenuation capacity to prevent potential risk to soil and groundwater; an impermeable liner; a drainage layer with a minimum thickness of 0.5 meters or more as may be determined by the Authority to ensure that leachate accumulation at the base of the landfill is kept to a minimum; and a functional leakage and leachate detection system; a layer to allow for controlled releas...

Section 76

Landfills - Gas control

Part VIII: Landfills

Section Gas control Section A waste handler shall put in place appropriate measures to collect or control the accumulation and migration of landfill gases. A waste handler may only flare landfill gases for safety and emergency reasons.

Section 77

Landfills - Nuisance and hazards

Part VIII: Landfills

Section Nuisance and hazards Section A waste handler shall put in place appropriate measures to minimise nuisance and hazards arising from— gaseous emissions, including offensive odour and particulate matter; wind-blown materials; traffic related to the landfill ; noise and vibrations; and birds, vermin and insects.

Section 78

Landfills - Stability of landfilled waste

Part VIII: Landfills

Section Stability of landfilled waste Section A waste handler shall ensure that placement of waste in the landfill is undertaken in a manner that ensures stability of the mass of waste and associated structures. Where an artificial barrier is established, the waste handler shall monitor how the waste settles, to prevent damage to the barrier.

Section 79

Landfills - Control and monitoring procedures in the operational phase

Part VIII: Landfills

Section Control and monitoring procedures in the operational phase Section The quality control and monitoring programme referred to under subregulation (1) shall— A waste handler shall implement a quality control and monitoring programme during the operation of the landfill in accordance with these Regulations and landfill guidelines issued by the Authority . describe and provide a map showing the installations; identify the monitoring devices, instruments or tools that should be used, including the calibration procedures for each instrument; provide detailed instructions for the collection of samples, including collection of quality control or quality assurance samples; provide detailed instructions on measurements, including a description of the units of measurement, the required measurement precision and accuracy, and any other relevant information; identify all data that should be recorded, including the date and time of all samples or measurements, staff names, weather conditions, sampling locations; provide relevant forms or equipment for data recording; and address health and safety issues by providing or referencing an appropriate health and safety plan. A waste handler sha...

Section 80

Landfills - Excavation, disruption or removal of deposited material in landfill

Part VIII: Landfills

Section Excavation, disruption or removal of deposited material in landfill Section The application under subregulation (1) shall include a plan stating— The Authority may, in granting an approval under subregulation (1) , include conditions related to— A waste handler who intends to excavate, disrupt or remove deposited material from an active, terminated or closed landfill shall apply to the Authority for approval. the area of the landfill involved; the depth of the excavation with final grades; the site where excavated material is to be re-deposited; the estimated time required for completion of excavation procedures; proposed control measures to address potential risks from the operations; and any other relevant information. measures to be taken to control dust, odour, fires, vermin, rodents, insects, litter, surface water run-off and erosion; confinement of the excavation, disruption or removal of deposited material to a specific area in the landfill ; and any other condition the Authority may deem necessary.

Section 81

Landfills - Closure and after-care procedures

Part VIII: Landfills

Section Closure and after-care procedures Section The landfill after-care referred to in subregulation (4) may include— Where a landfill or part of a landfill is to be closed, the waste handler shall take into account the changes that are likely to occur in the landfill in order to inform the process of landfill decommissioning and after-care . Where a landfill or part of a landfill is to be closed, the waste handler shall notify the Authority and undertake decommissioning in accordance with Part X of these Regulations. A landfill or part of a landfill , shall be regarded as closed only after the Authority has carried out a final on-site inspection and is satisfied that the conditions for closure have been fulfilled. A waste handler shall, in accordance with regulation 79 , remain responsible for the after-care of the landfill including maintenance, monitoring and control, and for remediation action for a period of at least thirty years. control and monitoring of landfill gases; monitoring and management of leachate; control of erosion, including of top cover; monitoring the quality of groundwater; observation of changes in condition of vegetation; and observation and control of ve...

Section 89

Decommissioning of waste management facilities - Decommissioning plan

Part X: Decommissioning of waste management facilities

Section Decommissioning plan Section The decommissioning plan referred to in subregulation (1) shall, as a minimum contain— Where the decommissioning plan is in respect to a landfill , the plan shall, in addition to the requirements under subregulation (2) include— A waste handler shall prepare and submit to the Authority , for approval, a comprehensive decommissioning plan for the waste management facility at least twelve months prior to the commencement of the decommissioning. details of how the waste management facility will be decommissioned and disposed of or closed when operations cease; details of how the waste generated during decommissioning will be managed; procedures for the restoration or rehabilitation and remediation of the waste management site against the baseline of the area immediately before the facility was constructed or the immediate surrounding environment; the occupational health and safety measures to be undertaken during decommissioning; proposals on further use of the decommissioned site or facility, other use, complete or partial removal and disposal of the facilities; an indication of resources required for the decommissioning, restoration and after car...

Section 90

Decommissioning of waste management facilities - Decommissioning of a waste management facility

Part X: Decommissioning of waste management facilities

Section Decommissioning of a waste management facility Section The waste handler shall, during decommissioning— The waste handler shall undertake the decommissioning process in accordance with the approved decommissioning plan, these Regulations, any other applicable law, environmental standards , guidelines issued by the Authority and international environmental best practices. Where there are no environmental standards , the decommissioning shall be undertaken in accordance with internationally recognised standards approved by the Authority and best industry practices. The Authority may, during the decommissioning process, impose additional requirements on the waste handler . remove all roads and other access means and make them inaccessible, where applicable; remove all foundations of buildings, permanent structures, equipment and debris from the decommissioned site; geo-reference the decommissioned site and include a landmark approved by the Authority ; remove any contaminated soil so as not to cause further pollution of the area, where applicable; restore the decommissioned site as near as possible to its original state; vegetate or re-vegetate the decommissioned site with ind...