Legal Document

 Kingdom of Cambodia

Nation Religion King

Council of the Ministers

Ministry of Environment No: 12.SCN

Phnom Penh, June 02, 1999 Phnom Penh, June 02, 1999

Prakas

On

Empowering the Provincial and Municipal Environmental Department

to implement Anukret on the Water Pollution Control and Solid Waste Management

−   Referring to the Constitution of the Kingdom of Cambodia;

−   Referring to Preah Reach Kret No NS/RKT/1198-72 of November 30, 1998 on the Formation of the Royal Government of Cambodia;

−    Referring to Preah Reach Kram No 02/NS/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;

−   Referring to Preah Reach Kram No NS/RKM/0194/21 of January 24, 1996 promulgating the Law on the Establishment of the Ministry of Environment;

−   Referring to Preah Reach Kram No NS/RKM/1269/36 of December 24, 1996 promulgating the Law on Environmental Protection and Natural Resource Management.

−   Referring to Anukret No 27 ANTK/BK of April 06, 1999 on the Water Pollution Control.

−   Referring to Anukret No 36 ANK/BK of April 27, 1999 on the Solid Waste Management.

−   Pursuant to the need of the Ministry of Environment;

It is hereby decided

Article 1:

The purpose of this Prakas is empowering the Provincial and Municipal Environmental Department to regulate environmental pollution by enforcing Anukret on the Water Pollution Control and Solid Waste Management.

Article 2:

The Provincial and Municipal Environmental Departments shall have duties to control or inspect all sources of pollution and all activities that cause pollution such as craft, maternity clinic, gas station, aquacultural farm, livestock, restaurant, markets, night clubs, hotels (less than 40 rooms), bus station, local docks, clubs, resorts, commercial buildings, slaughter house, public administrative building and dwellings.

Article 3:

Where there is a complaint or report about any source of pollution, as not stated in Article 2, discharges effluent or hazardous waste that cause serious danger to public health or environmental quality, the Provincial and Municipal Environmental Departments shall inform immediately to the Ministry of Environment to take action or inspect that source of pollution upon the authorization from the Ministry.

Article 4:

The analysis of effluent or waste samples taken from any pollution source during  the monitoring or inspection, shall be performed at the Laboratory of the Ministry of Environment.

Article 5:

The issuance of discharge or transport permit for effluent or waste from pollution sources as stated in Article 2 shall be the competence of the Provincial and Municipal Environmental Departments.

In case of hazardous waste left from craft source, the issuance of discharge permit shall be the competence of the Ministry of Environment.

Article 6:

The Provincial and Municipal Environmental Departments have duties to provide technical comments to local authorities on the management of solid waste and hazardous waste in the provinces and municipals.

Article 7:

Where there are offenses caused by the pollution sources as stated in Article 2 and 3 of this Prakas against the provisions stated in Anukret on the Water Pollution Control and the Solid Waste Management, the Provincial and Municipal Environmental Department shall:

•   Issue a written order according to provisions of Article 20 of the Law on Environmental Protection and Natural Resources Management.

•    in  case  of  refusing  the  written  order,  the  administrative  fines  in  cash  not  more  than  2,000,000  riels according to provisions of Article 21, paragraph 3 of the Law on Environmental Protection and Natural Resources Management, shall be imposed.

• In case of refusing to allow access or obstruct the inspection officials from entering to examine or carry out an inspection inside the premise as stated in Article 2 and 3 of this Prakas, the administrative fine in cash shall be imposed from 500,000 riels to 1,000,000 riels according to the provisions of article 21, paragraph 1 of Law on Environmental Protection and Natural Resources Management.

Article 8:

The Provincial and Municipal Environmental Departments shall send monthly monitoring or inspection reports of the pollution sources as stated in Article 2, 3 and 5 of this Prakas to the Ministry of Environment.

Article 9:

The  Pollution  Control  Department  has  duties  to  monitor  and  inspect  the  outcome  of  the  Provincial  and Municipal Environmental Department’s monitoring and inspection, if they think that fit.

Article 10:

Any decision contrary to this Prakas shall be abrogated.

Article 11:

The Direction General, the Pollution Control Department, departments under supervision of the Ministry of Environment, the Provincial and Municipal Environmental Departments shall be implement this Prakas from the date of its signature.

Signed and sealed by H.E Mok Mareth Minister

1-  Disposal oil waste from oil refineries, washing oil from machinery repairing shall be appropriately stored and shall not disposed into the public sewage system or sources of public water.

2-  Mud d (soot or dust) waste from incineration facilities, treating facilities from production activities shall be dried under sun or by machine. The dried mud shall be temporary and appropriately stored in the own location avoiding any harmful to environment and public health.

3-  Disposal or transport of mud waste with household waste shall be prohibited.

4-  Transport of dried mud waste from factories and enterprises to other places for any purposes shall be subjected to prior approval of the Ministry of Environment.

5-  Disposal of effluent of factories into sewage system or public water area shall be subjected to prior approval of the Ministry of Environment.