Legal Document

Royal Government of Cambodia

Anukret/36ANK-BK/27Apr99

ANUKRET ON SOLID WASTE MANAGEMENT

−       Referring to the 1993 Constitution of the Kingdom of Cambodia;

−       Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the Formation of the Royal

Government of Cambodia;

−       Referring to 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  Reach  Kram  No.  NS/RKM/0196/21  of  January  24,  1996  promulgating  the  Law  on  the

Establishment of the Ministry of Environment;

−       Referring  to  Reach  Kram  No.  NS/RKM/1296/36  of  December  24,  1996  promulgating  the  Law  on

Environmental Protection and Natural Resources Management;

−       Pursuant to the approval of the Council of Ministers on April 2, 1999.

IT IS HEREBY DECIDED 

CHAPTER 1: General Provisions

Article 1:

The purpose of this Anu-kret is to regulate solid waste management in a proper technical manner and to provide

safety precautions in order to ensure the protection of human health and the conservation of bio-diversity.

Article 2:

This Anu-kret covers all activities related to disposal, storage, collection, transport, recycling, dumping of garbage, and hazardous waste.

Article 3:

Technical terms used in this Anu-kret shall have the following meanings:

a.       Solid waste refers to hard objects, hard substances, products, or refuse which are useless, disposed of, are intended to be disposed of, or required to be disposed of;

b.      Household waste is the part of solid waste which does not contain toxins or hazardous substances, and is discarded  from  dwellings,  public  buildings,  factories,  markets,  hotels,  business  buildings,  restaurants, transport facilities, recreation sites, etc.

c.       Hazardous waste refers to radioactive substances, explosive substances, toxic substances, inflammable substances, pathogenic substances, irritating  substances, corrosive  substances,  oxidizing  substances,  or other chemical substances which may cause harm to human health, animal health, plants, public property, or the environment. The hazardous waste may be generated from dwelling houses, industries, agricultural activities, business and service activities, mining, etc. The types of hazardous waste are listed in the Annex of this Anu-kret.

CHAPTER 2: Household Waste Management

Article 4:

The Ministry of Environment shall establish guidelines on disposal, collection, transport, storage, recycling, minimizing, and dumping of household waste in province and municipalities in order to ensure the management of household waste in a safe manner.

The provincial and municipal authorities shall establish waste management plans in their provinces and cities for short, medium, and long term.

Article 5:

The  collection,  transport,  storage,  recycling,  minimizing,  and  dumping  of  waste  in  the  provinces  and municipalities is the responsibility of the provincial and municipal authorities.

Article 6:

The Ministry of Environment shall monitor the implementation of policies for disposal, collection, transport, storage, recycling, minimizing, and dumping of household waste in the provinces and municipalities.

Article 7:

The disposal of waste in public sites or anywhere that is not allowed by the authorities shall be strictly prohibited.

Article 8:

The  domestic  investment  in  construction  of  landfills,  incinerators,  storage  sites,  or  recycling  plants  for household waste shall be subject to prior approval from the Ministry of Environment.

Article 9:

The exportation of household waste from the Kingdom of Cambodia to abroad cannot be conducted without approval from the Ministry of Environment. The exporter also needs to obtain an export license from the Ministry of Commerce and an import permit from the importing country.

Article 10:

The importation of household waste from abroad to the Kingdom of Cambodia shall be strictly prohibited.

CHAPTER 3: Hazardous Waste Management

Article 11:

The Ministry of Environment shall establish guidelines on the management of hazardous waste to ensure safe management.

Article 12:

The Ministry of Environment shall issue a Prakas on the levels of toxin or hazardous substances contained in hazardous waste which can be disposed of in order to ensure human health, environmental protection, and bio-diversity conservation.

Article 13:

The owner of the hazardous waste shall be responsible for temporary storage of his/her waste in a safe and proper manner.

Article 14:

The owner of the hazardous waste shall make quarterly reports on his/her waste and forward it to the Ministry of Environment. The report must include:

-         Type and amount of waste;

-         Temporary storage method; and

-         Treatment or elimination method.

Article 15:

The storage, transportation, and disposal of hazardous waste shall be performed separately from the household waste. This shall be stipulated by a Prakas of the Ministry of Environment.

The disposal of hazardous waste into public sites, public drainage systems, public water areas, rural areas, and forest areas shall be strictly prohibited.

Article 16:

The collection, transportation, storage, and disposal of hazardous waste from household dwelling, markets, clinics, hospitals, hotels, restaurants, and public buildings are the responsibility of the local authorities.

The implementation of the first paragraph of Article 16 shall be in accordance with a Prakas of the Ministry of Environment on the guidelines for the environmentally sound management of hazardous waste.

Article 17:

The  transportation  or  construction  of  storage  places  or  landfills  for  hazardous  waste  from  factories  and manufacturing sites shall be subject to a permit issued by the Ministry of Environment.

Article 18:

The owner or person responsible for storage places or landfills of hazardous waste shall make quarterly reports on hazardous waste that are transported for disposal or for storage at their facility and forward this report to the Ministry of Environment. The report shall include the following:

-     Type and amount of waste;

-     Sources of the waste;

-     Packing and transport facility; and

-     Process and management of the waste inside the location.

Article 19:

Investments for the treatment or incineration of hazardous waste shall have prior approval from the Ministry of Environment

Article 20:

The exportation of the hazardous waste from the Kingdom of Cambodia to abroad may be conducted if permission  is granted  by  the  Ministry  of  Environment,  an  export  license  was  issued  by  the  Ministry  of Commerce, and the exporter has obtained a import permit from the importing country.

The exportation of the hazardous waste shall be consistent with the provisions and principles of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal in 1989, which come into force on May 5, 1992.

Article 21:

The importation of hazardous waste from abroad into the Kingdom of Cambodia is strictly prohibited.

CHAPTER 4: Monitoring and Inspection of Hazardous Waste Management

Article 22:

The monitoring of packing, storage, transport, recycling, incinerating, treatment, and disposal of the hazardous waste is the responsibility of the Ministry of Environment.

Article 23:

The Ministry of Environment shall take samples of hazardous waste at every point enumerated in Article 22 of this Anu-kret.

The owner or person responsible for the site mentioned in paragraph 1 of Article 23 of this Anu-kret shall collaborate and facilitate the environmental official who takes the waste sample so that the official can properly carry out their tasks.

Article 24:

Samples  of  hazardous  waste  that  are  taken  during  the  monitoring  or  inspection  shall  be  analyzed  in  the Laboratory of the Ministry of Environment.

The owner or person responsible for the site stipulated in the paragraph 1 of Article 23 of this Anu-kret can request  a test  of  his/her  waste  sample  at  a  public  or  private  laboratory  that  is  recognized  formally.  The laboratory must use the same testing method as used in the laboratory of the Ministry of Environment.

The owner or person responsible for the point or site stipulated in the paragraph 1 of Article 23 of this Anu-kret shall pay an analysis fee for his/her waste sample according to the list of testing costs determined by the Ministry of Environment and the Ministry of Economy and Finance.

These incomes shall be incorporated into the national budget for allocation to the Environmental Endowment Fund.

Article 25:

If illegal disposal or dumping of the hazardous waste without a permit from the competent institution is discovered, the Ministry of Environment’s inspectors in collaboration with concerned ministries shall conduct inspections at the sites in compliance with the following procedures:

a.    Present his/her identity card and mission letter prior to entering the premises or any site of point source of pollution for conducting an inspection and taking samples;

b.    Make, at the site of inspection, a primary record and report of the inspection or sample taking in the presence of witnesses as necessary,

c.    Inquire and require the owner or responsible person of the place to provide them with information and other relevant documents that are necessary for the report and for evidence;

d.    Collect and retain evidence of the offence.

Article 26:

If there are complaints or reports of storage or disposal of hazardous waste that causes danger to animal or human health or public property or contaminates the environment, the Ministry of Environment shall make an urgent inspection and inform the concerned ministries and local authorities.

CHAPTER 5: Penalties

Article 27:

Violations of this Anu-kret shall result in fines and punishment according to articles 20, 21, 22, 23, and 25 of chapter 9 of the Law on Environmental Protection and Natural Resources Management.

Article 28:

Any environmental inspection official or agent who is negligent, fails to pay attention to, or fails to comply with the Ministry's regulations, or conspires with a violator, or facilitates the commission of a violation, shall be subject to administrative sanction or face prosecution before the court.

Article 29:

A Ministry of Environment official is responsible for making a report of prosecution of any person who violates any article of this Anu-kret. The Ministry of Environment shall take legal action against any violation of this Anu-kret.

CHAPTER 6: Final provisions

Article 30:

Any provision contrary to this Anu-kret shall be null and void.

Article 31:

The minister in charge of the Office of the Council of Ministers, ministries, and concerned institutions shall collaborate with the Ministry of Environment to implement this Anu-kret in accordance with their respective roles and responsibilities.

Article 32:

This Anu-kret shall enter in force from the date of its signature.