Legal Document

UNOFFICAL TRANSLATION

Kingdom of Cambodia

Nation Religion King

Council of the Ministers Ministry of Environment No: 50

Phnom Penh, September 20, 1999

Instruction

on Implementation of Anukret No 36 ANK/BK

on Solid Waste Management

So far, solid waste management (household waste and hazardous waste) has not been properly in compliance with technical manner and is harmful to the environment and public health. To improve this issue, the Royal Government had adopted Anukret No 36 ANK on Solid Waste Management of April 27, 1999.

Therefore, to effectively implement the Solid Waste Management in different provinces and municipals, the Ministry of Environment would like to issue the following guidelines to the provincial and municipal environmental offices:

1. Subject and scope of Anukret’s implementation

- To strengthen solid waste management in compliance with technical manner to ensure the environmental safety and public health.

- To imply on disposal, storage, collection, transport, recycling and dumping household and hazardous waste activities.

2. Participation Procedures in Solid Waste Management

- Shall provide technical recommendations to the local authorities in conducting of collection, transport, storage, recycling, minimizing and dumping of solid waste aim to prevent the environmental pollution, to maintain the provincial and municipal beauty and public health based on principles of safety solid waste management.

- To monitor on the implementation activities of unit or agent in charge of collection, transport, storage, recycling, minimizing and dumping of solid waste and shall report to local authorities and the Ministry of Environment if found that such activities are not in compliance with technical standards and cause affection to environment.

- Shall daily record a data on the amount of solid waste to be disposed, transported, burned, uncollected and recycled. The annual data shall be to the Ministry.

- Any project in construction of landfills, incinerators or export of solid waste shall be subjected to prior approval of the Ministry.

3. Participation Procedures in Hazardous Waste Management

- Shall record data relating to solid waste (household and hazardous waste) at different pollutant sources as prescribed in article 2 of Prakas No 12 Env, PK of June 02, 1999.

- Shall instruct the owner of waste to store and minimize upon the instruction guidelines on Hazardous Waste Management.

- Shall  provide  technical  recommendation  to  the  local  authorities  on  collection,  transport, storage or dumping of hazardous solid waste from the sources as prescribed in Article 16 of Anukret on Solid Waste Management.

- Shall monitor and inform to the Ministry on the activities of unit and agents who are in charge of collection, transport, storage and dumping of hazardous solid waste from the sources as prescribed in Article 16 of Anukret on Solid Waste Management.

- Any project in construction of landfills, incinerators or export of solid waste to abroad shall be subjected to prior approval of the Ministry.

4. Inspection Procedures

- Shall conduct inspection in collaboration with the concerned ministries and local authorities if there are complaints or report of disposal of hazardous waste without authorization from the competent institutions.

- Shall immediately conduct inspection if it is discovered or encountered with any serious danger that caused by disposal of hazardous waste and shall inform to the Ministry of Environment, concerned ministries and local authorities.

5- Procedures to take legal action against the offences of hazardous waste dumping

The Environmental Pollution Control Department of provinces and municipals shall take legal actions against offenders upon the provisions as prescribed in Anukret on Solid Waste Management to the extent of their jurisdiction, which was determined by Ministerial Prakas No 12 of June 02, 1999. The following legal actions to be implied are depending on nature and scope of offences:

1-     Issuance a written order requiring to correct the offences activities;

2-     Temporary activities suspension

3-     Subject to administrative fine

4-     File a complaint to court

a-      Issuance a written order requiring to correct the offences activities

There are 2 types of issuance a written order for the pollution sources:

•    Warning and requiring to stop the activities or correct any fault which cause the environmental pollution,

•   Clean up the pollution.

An issuance a written order for pollution sources shall be under jurisdiction of the Ministry of Environment. But it could be done by provincial governors upon the proposal of the provincial and municipal environmental department for any pollution sources occurring at provincial and municipal sites.

b-     Temporary activities suspension

A Temporary activity suspension to any pollution sources shall be implied, after consulting with Planning and Legal Department of MOE and concerned Ministry to which the pollution source is under, for serious case and pursuant to the need of public interest if there is actual evidence of offences. A written order requiring the pollution sources to temporary stop its activities shall be issued by MOE.

c-      Administrative fine

An administrative fine for violation of Anukret of Solid Waste Management shall be imposed by the Provincial and Municipal Environmental Departments and Environmental Pollution Control Department and just in case of there is an evidence.

The amount of administrative fine shall be in compliance to Article 21 of Chapter 9 of the Law on Environmental Protection and Natural Resources Management.

The Environmental Pollution Control Department is entitled to fine in cash from 500,000 to 10 million riles. Provincial and Municipal Environmental Departments are entitled to fine in cash from 500,000 to 2 million riles. The Planning and Legal Department of MOE shall provide the legal opinion to imply the administrative fine and technical research of evidence. The financial and administration Department of MOE shall prepare an invoice for any administrative fine. The amount of administrative fine shall be paid to the State Budget.

d-     File a complaint to court

The Environmental Pollution Control Department in collaboration with the Planning and Legal Department of MOE shall prepare a case and file to the court for any offence, which is outside the scope of administrative fine. The provincial and municipal environmental department, acted on behalf of the Ministry, and its local authorities shall prepare a case and file to the court for any offences caused from pollution sources outside the competent of provincial and municipal environmental departments.

Upon receiving of this Instruction, the general direction, Environmental Pollution Control Department and other departments under jurisdiction of MOE, provincial and municipal environmental departments shall effectively implement this Instruction from the date of its signature.

Signed and sealed by H.E Mok Mareth, Minister

CC.

-All provincial and municipal environmental departments

-Records,