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IN EXERCISE of the powers contained in section fifty-five
and ninety-six of the Environmental Protection and Pollution
Control Act, and in consultation with the Council, the following regulations
are hereby made:
Preliminary
1. These regulations may be cited as the Hazardous
Waste Management Regulations, 2001.
2. In these Regulations, unless the context
otherwise requires:
“The Act” means the Environmental
Protection and Pollution Control Act No. 12 of 1990.
“Co-incineration” means
incineration by use of hazardous waste in addition to other fuels.
“Collection” means removing waste
material for the purpose of disposal.
“Competent Authority” means the
Environmental Council established under section three of the Act.
“Country of import” means the
country to which a transboundary movement of hazardous waste is planned, or
takes place for the purpose of disposal therein, or for the purpose of
loading prior to disposal in an area that is not under the jurisdiction of
any country.
“Developer” means any person who proposes to undertake
a new project or to repair or extend an existing project which falls within
the list of projects provided for in the First and Second Schedules of the
Environmental Impact Assessment Regulations and who is responsible for
obtaining the appropriate authorisation.
“Disposal of hazardous waste” means
the storing, handling, processing, treatment and utilisation and final
location of hazardous waste to ;
“Environmentally sound management of
hazardous waste” means taking all reasonable and practical steps to
ensure that hazardous waste is managed in a manner, which will protect human
health, animals, plants or the environment against adverse effects which may
result from such waste.
“Final disposal” means operations, which do not lead to
the possibility of resource recovery, recycling or reclamation, direct re-use
or alternative uses.
“ Generator” means any person whose activity produces hazardous
waste or if that person is not known, the person who is in possession and
control of such waste.
“Hazardous waste” means waste,
including objects, articles or substances, which is poisonous, corrosive,
irritant, explosive, inflammable, toxic or harmful to man, animal, plant or
the environment.
“Hazardous waste disposal site”:
means the land on which hazardous waste disposal facilities are physically
located;
“Illegal traffic” means any
movement of hazardous waste, which takes place without the consent of the
Competent Authority.
“Incineration” means the
oxidation by burning at high temperature of hazardous waste so that it is
rendered less harmful or inert with or without the recovery of combustion
heat generated.
“Landfill” means a waste disposal
site for the deposit of waste on to or into land, including internal waste
disposal sites but excludes facilities where waste is unloaded in order to
permit its preparation for further transport for recovery, treatment or
disposal elsewhere, and temporary deposit of waste prior to recovery,
treatment or disposal
“ Management” means the handling,
separation, collection, transportation, storage, treatment, recycling and
disposal of hazardous waste, including after-care of disposal sites.
“Operator” means a person charged
with the responsibility of managing a hazardous waste disposal site or
facility;
“Polluter” means the person who
contributes to or creates a condition of pollution.
“Pre-treatment or treatment of
hazardous waste” means the physical, chemical or biological processes,
including sorting, that change the characteristics of the waste in order to
reduce its volume or hazardous nature, facilitate its handling or enhance
recovery.
“Receiving Country” means
the country to which a transboundary movement of hazardous waste is planned,
or takes place for the purpose of disposal in that country, or for the
purpose of loading prior to disposal in an area that is not under the
jurisdiction of any country;
“Recovery” means operations which lead to the possibility of
resource recovery, recycling, reclamation, direct re-use or alternative uses. “Storage
of hazardous waste” means the keeping of the hazardous waste for a
reasonable period under conditions which will prevent its release to the
environment until appropriate recovery, treatment or disposal facilities are
provided.
“Transboundary movement” means
any movement of hazardous waste or other wastes from an area under the
national jurisdiction of one country to, or through an area under the
national jurisdiction of another country, or to or through an area not under
the national jurisdiction of any country;
“Transit country” means any
country, other than the country of import or export, through which a
transboundary movement of hazardous waste is planned or takes place.
“Transportation of hazardous waste”
means the movement of hazardous waste from the place at which it is generated
until it arrives at the storage or the site of disposal; and
“Waste” means garbage, refuse,
sludges and other discarded substances resulting from industrial and
commercial operations and from domestic and community activities, intended to
be disposed of, or are disposed of or are required to be disposed of, but
does not include waste water as defined in Part IV of the Act.
3. (1) These
Regulations apply to the control and monitoring of generation, collection,
storage, transportation, pre-treatment, treatment, disposal, export, import
and transboundary movement of hazardous waste as listed in Fourth Schedule or
any waste specified in Sixth Schedule, if that waste exhibits characteristics
found in the Fifth Schedule to these Regulations.
a) domestic waste; or
b) non-hazardous waste.
4. (1) No Person shall generate hazardous waste
without license from the Competent Authority.
(2) The application to generate and store hazardous
waste shall be made to the inspectorate in Form HWM1 in the first schedule
and shall be accompanied by the fees set out in the Third Schedule.
(3) The license under this regulation shall be as
set out in Form LHWM1 in the Second Schedule.
(4) Where a person is licensed to generate waste but
does not have a license to store waste, the person shall take hazardous waste
to a person licensed to store waste on such terms and conditions as two
agree.
5. (1) No person shall store hazardous waste without
a license from the Competent Authority.
(2) A license to store hazardous waste shall be
issued subject to the following conditions
(a)
the storage area
shall be of appropriate impermeable materials with a bund wall constructed
around it;
(b)
the containers used for storage
shall conform to the specifications as outlined in the Seventh Schedule, and
shall be strong enough to hold the hazardous wastes for a specified period of
time;
(c)
an assurance that
there is or likely to be minimum or no chemical reaction during storage;
(d)
the storage site
shall be secure to prevent unauthorised access and notices shall be clearly
placed to warn anybody of the dangers;
(e)
there is a plan or
program for final disposal in place;
(f)
the quantities to be
stored shall depend on the hazard characteristics and shall not exceed
permissible amounts as specified in the licence or permit;
(g)
monitoring for
contamination of the environment by the stored materials shall be conducted
by the operator and results shall be submitted to the Competent Authority regularly
as specified in the licence;
(h)
different classes of
waste shall be stored separately; and
(i)
there shall be
security and emergency procedure or plan in place.
(3) Where contamination is observed to
have occurred, the operator shall take such steps as to prevent the effects
of such hazardous waste from affecting the environment and shall immediately
notify the Competent Authority.
(4) Where an application to generate and
store hazardous waste is not granted, the Competent Authority shall state the
reasons for such refusal.
6 (1) No person shall transport hazardous waste
without a licence from the Competent Authority.
(2)
An application to transport
waste shall be made on Form HWM 2 in First Schedule and shall be accompanied
the fee set out in the Third Schedule.
(3)
The license under this
regulation shall be as set out in Form LHWM 2 in the Second Schedule.
(4)
The license to transport
hazardous waste shall be subject to the following conditions-
a)
the transportation of hazardous
waste shall be undertaken according to approved times on approved routes and
in approved vehicles with approved labels.
b)
the transporter of hazardous
waste shall provide for security and an emergency procedure or plan; and
c)
the transporter of hazardous
waste shall specify the final destination of the transportation.
(5)
The generator of
hazardous waste shall notify the Competent Authority using the notification
form HWM 5 in the First Schedule about the proposed transportation, stating
the licensed transporter or final licensed disposal facility.
(6)
Where an application
to transport hazardous waste is not granted, the Competent Authority shall
state the reasons for such refusal.
7 (1) No person shall pre-treat or treat
hazardous waste without a licence from the Competent Authority.
(2) An application to pre-treat or treat
hazardous waste shall be made on Form HWM 3 in the First Schedule and shall
be accompanied by the fee set out in the Third Schedule.
(3) The license under this Regulation
shall be as set out in Form LHWM 3 in the Second Schedule.
(4) The license to carry out
pre-treatment of hazardous waste shall be subject to the following
conditions:
(a) the licensee shall keep records of all types, nature
and quantities of hazardous waste pre-treated or treated;
(b) the licensee shall provide regular reports to the
Inspectorate on these activities as per conditions of the licence;
(c) the licensee shall develop improvement programmes on
the operations; and
(d) the licensee shall provide security and emergency
procedure or plan.
(5) Where a person is
generating hazardous waste under these Regulations without a license to treat
or pre-treat hazardous waste, that person shall take the hazardous waste to a
person licensed to treat hazardous waste on such terms and conditions as the
two shall agree.
(6) Where an application to pre-treat or
treat hazardous wastes is not granted, the Competent Authority shall specify
the reasons for such refusal.
8. (1) No person shall operate a
hazardous waste final disposal site without a licence from the Competent Authority.
(2) An application to operate a hazardous
waste final disposal site shall be made on Form HWM 4 in the First Schedule
and shall be accompanied by the fee set out in the Third Schedule.
(3) The license under this Regulation
shall be set out in Form LHWM 4 in the Second Schedule.
(4) A licence or permit to operate a
hazardous waste final disposal site shall be issued on condition that:
(a) the site shall be operated in an
environmentally sound manner and employ operations listed in Seventh Schedule;
(b) the site shall be managed by a
technically competent person approved by the Competent Authority;
(c) there shall be
adequate financial security to cover any third party liabilities and
compensate victims of any accident from the operation of the site;
(d) the site shall be compatible with land-use and
or developmental plans of the relevant authorities; and
(e) the records of all types and quantities of
hazardous waste shall be maintained.
(5) The licence or permit to operate a
hazardous waste final disposal site shall specify:
(a) a list of defined types, quantities of hazardous
wastes and requirements for disposal operations at the site;
(b) the monitoring and control procedures, including
contingency plans; and
(c) the reports to be submitted bi-annually,
or at intervals to be specified by the Competent Authority.
(6) Where an application to own or
operate a hazardous waste final disposal site is not granted, the Competent
Authority shall state the reasons for such refusal.
9. No transboundary movement of hazardous waste shall take place
unless the exporter, importer and the transporter have complied with the
requirements of the Act and these Regulations.
10. No person shall import
hazardous waste into Zambia.
11. (1) No person shall export
hazardous waste without a permit from the Competent Authority.
(2) the permit to export hazardous waste shall be subject to the
following conditions-
(a)
the consent has been obtained from the
receiving country;
(b)
the hazardous waste cannot be reasonably be recycled,
reused or disposed of locally in a safe and environmentally sound manner;
(c)
the receiving country has the necessary
facilities, capacity or suitable disposal site to dispose of the hazardous
waste in an environmentally sound manner, and has indicated this to the
Competent Authority.
(d)
the hazardous waste in question is required as
raw materials for recycling or recovery in specified industries in the
receiving country;
(e)
the export is in
accordance with an agreement or arrangement between the exporter and importer
and conforms to the provisions of the Act and these regulations;
(f)
an authorisation is
obtained, from transit countries, where transit countries are involved;
(g)
the exporter of hazardous waste
has taken comprehensive insurance to cover for any incidents from Zambia up to the country of import, and re-import; and
(h)
the labelling, packaging and
transportation identified in the notification conform to the requirements as
outlined in Seventh Schedule ;
(2) An application for a permit to export
hazardous waste shall be made on Form HWM 6 in the First Schedule and shall
be accompanied by the fee set out in the Second Schedule;
12. (1) No transit of hazardous waste
shall take place without a permit from the Competent Authority.
(2) A permit under this regulation shall
be issued subject to the following conditions:
(a)
prior to the transit,
notification of both the country of export and import in a language that is
understood by the parties involved has been received giving details of –
(i)
the exporter, the carrier
and the licensed operator of a hazardous waste disposal site;
(ii)
the specification,
quantities and mode of transport of the hazardous waste;
(iii)
the countries of
export, import and final destination of the hazardous waste;
(iv)
a timetable
specifying the expected dates of transit through the area under the
jurisdiction of the Competent Authority;
(v)
proof that the
exporter, carrier, importer, operator and the site or facility for disposal
are licensed to carry out the operations in question in relation to the waste;
(vi)
information detailing
emergency procedures in case of accidents; and
(vii)
insurance to cover
any incidents.
(b)
an authorised route
is to be followed;
(c)
a specified transit
period is indicated; and
(d)
insurance to cover
incidents is effected.
(3). The importer and exporter shall
notify the Competent Authority of any proposed transboundary movements of
hazardous waste passing through the area of its jurisdiction.
(4) The Competent Authority shall
promptly acknowledge receipt of any notification under sub-regulation (2) and
(3).
(5)
The labelling and
packaging of the hazardous waste shall conform to the international standards
as specified in Eighth Schedule.
(6)
In addition to the
requirements specified under this regulation, the Inspectorate may seek
additional information where necessary.
(7)
The Competent
Authority shall, within ninety days of receipt of the notification, make a
decision under sub-regulation (1) which may include specific conditions
relating to the transportation of hazardous waste and inform the exporter or
relevant authority of the country of export as appropriate.
(8)
Where a transboundary
movement is by land, the Inspectorate at the port of entry shall ensure that
the container is properly sealed and shall ensure, at the port of exit, that
the seal has not been broken.
(9)
Where the application
for transit of hazardous waste is not granted, the Competent Authority shall
state the reasons for such refusal.
13. (1) National and transboundary
movement of hazardous waste shall be illegal traffic if carried out-
(a) without
notification as required by these regulations;
(b)
without a permit or
licence from the Competent Authority;
(c)
with a permit or
licence which has been given through falsification, misrepresentation or
fraud; and
(d) in a manner that is in contravention
of the conditions specified under these regulations;
(2) The Competent Authority shall have
the power to conduct both regular and random inspections of sites, facilities
and cargo, and to impound or seize the shipments of hazardous waste and the
means of conveyance that is an object of illegal traffic.
14 (1) The transporters or importers
involved in the illegal traffic shall be required to transport the hazardous
waste back to the country of export at their own expense.
(2) In the case where such re-export is
not practical, the Competent Authority shall direct the method of disposal
for such hazardous waste involved in illegal traffic, and the exporter,
importer and transporter shall meet the cost of the disposal.
(3) Where such hazardous waste cannot be attributed to any
particular person, and re-export is not practical, the Competent Authority
shall assume the responsibility of disposal in accordance with these
regulations.
15. (1) The Competent Authority shall ensure that
all activities related to the generation, storage, transportation,
pre-treatment, treatment, export and disposal of hazardous waste are:
(a) not authorised until a thorough audit including
a detailed risk assessment is undertaken; and
(b) monitored and inspected on a regular basis for
compliance with these regulations.
(2) Any costs incidental to the requirements under
sub-regulation (1) shall be borne by the person licenced to generate, store,
transport, pre-treat, treat, export and dispose of hazardous waste.
19. (1) The Competent Authority shall have the
powers to conduct both regular and random inspections of sites, facilities,
premises, storage areas, cargo and any means of conveyance to ensure
compliance with these regulations.
(2)
The Competent Authority shall
have powers to order any person who contravenes any provision of these
Regulations to take appropriate abatement measures.
(3)
Where the person
fails to take appropriate abatement measures, the competent Authority may
take remedial measures and the costs of such remedial measures shall be
recovered from that person as a civil debt.
(4)
Any person who
contravenes any of the provisions of these regulations or a condition of a
licence after an enforcement notice has been issued under regulation 17
commits an offence and shall be liable upon conviction to a fine or
conviction as set out in section ninety-one of the Act.
17. (1) Where the Competent
Authority has reasonable cause to believe that a person is contravening any
of the provisions of these Regulations or a condition of the licence or is
likely to contravene any of the provisions of these Regulations or a
condition of the licence or permit, the Inspectorate shall serve an
enforcement notice on that person.
(2) An
enforcement notice shall:
(a) state the belief
regarding the contravention or the likely contravention of the provisions of
these Regulations or a condition of the licence or permit and specify the
matters constituting the contravention or making it likely that the
contravention will arise, as the case may be;
(b) specify the steps
that have to be taken to remedy the contravention or avoid the contravention,
as the case may be; and
(c) specify the time
limit within which the steps described under paragraph (b) have to be taken.
(3) Any person who
contravenes any of the provisions of these Regulations or a condition of a
licence after an enforcement notice has been issued under regulation (1):-
(a) shall have the licence revoked;
and
(b) commits
an offence and shall be liable upon conviction to a fine or conviction as set
out in section ninety-one of the Act.
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