Kingdom of Cambodia |
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Nation |
Religion |
King |
| ROYAL GOVERNMENT | |
| Council of Ministers | |
| No : 36 ANRK.BK | Phnom Penh, April 27, 1999 |
| SUB-DECREE |
| on |
| SOLID WASTE MANAGEMENT |
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CHAPTER 1
General provisions
Article 1: The purpose of this sub-decree is to regulate the solid waste management with proper technical manner and safe way in order to ensure the protection of human health and the conservation of bio-diversity.Article 2: This sub-decree applies to all activities related to disposal, storage, collection, transport, recycling, dumping of garbage and hazardous waste.
Article 3: Technical terms used in this sub-decree shall have the meaning ascribed there to :
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 cities in order to ensure the management of household waste with safe way.The authorities of the provinces and cities shall establish the waste management plan in their province and city for short, medium and long-term.
Article 5 : The collection, transport, storage, recycling, minimizing and dumping of waste in the provinces and cities is the responsibility of the authorities of provinces and city
The implementation as mentioned in the first paragraph of the article 5 shall comply with the guideline on the sound management of waste specified by the Prakas (declaration) of the Ministry of Environment.
Article 6 : The Ministry of Environment shall monitor the implementation in disposal, collection, transport, storage, recycling, minimizing and dumping of the household waste in the provinces and cities.
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 landfill, incinerator, storage sites or recycling plant for household waste shall be subject to prior approval from the Ministry of Environment.
Article 9: The exportation of the household waste from the Kingdom of Cambodia to abroad could not be conducted unless there are approval from the Ministry of Environment, and export license from the Ministry of Trade, and permit from the import country
Article 10: The importation of the household waste from abroad to the Kingdom of Cambodia shall be strictly prohibited.
CHAPTER 3Hazardous waste management
Article 11: The Ministry of Environment shall establish guidelines on the management of hazardous waste to ensure the safe management.Article 12: The Ministry of Environment shall issue Prakas on the standard of quantity of toxin or hazardous substances contained in the hazardous waste which could be allowed to be disposed in order to ensure the human health and environmental quality protection, and bio-diversity conservation.
Article 13: The owner of the hazardous waste shall be responsible for temporary storage of his/her waste in proper technique and in safe manner.
Article 14: The owner of the hazardous waste shall make quarterly report on his/her waste and forward it to the Ministry of Environment. The report include :
Article 15: The storage, transportation and disposal of the hazardous waste shall be performed separately from the household waste which will be stipulated by the Prakas of the Ministry of Environment.- Type and amount of the waste,
- Temporary storage method, and
- Treatment or elimination method.
The disposal of hazardous waste into public site, public drainage systems, public water area, rural area and forest area shall be strictly prohibited.
Article 16: The collection, transportation, storage and disposal of the hazardous waste from dwelling houses, markets, clinics, hospitals, hotel, restaurants and public building are competence of the local authorities.
The implementation of the first paragraph of the article 16 shall be in accordance with the Prakas of the Ministry of Environment on the guidelines on the environmentally sound management of hazardous waste. Article 17: The transportation or construction of storage place or landfill of hazardous waste from factories and manufacturing site shall be subject to permit from the Ministry of Environment.Article 18: The owner or responsible person of storage place or landfill of the hazardous waste shall make quarterly report on the hazardous waste which is transported for disposal of or for storage and forward this report to the Ministry of Environment. The report shall include as follows:
Article 19: The investment of the treatment or incineration of the 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 could be conducted if there are an agreement from the Ministry of Environment, export license from the Ministry of Trade, and permit from the import 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 in1989 which come into force on May 05, 1992.
Article 21: The importation of the hazardous waste from abroad into the Kingdom of Cambodia is strictly prohibited.
CHATER 4 Monitoring and inspection of hazardous waste management Article 22: The monitoring on 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 sample of the hazardous waste at every point enumerated in the article 22 of this sub-decree.
The owner or person responsible for the site mentioned in the paragraph one of article 23 of this sub-decree shall collaborate and facilitate the environmental official who come to take the waste sample so that they can carry out their technical task.
Article 24: The sample of the hazardous waste which were taken during the monitoring or inspection shall be analyzed in the Laboratory of the Ministry of Environment.
The owner or person who responsible for the site stipulated in the paragraph 1 of the article 23 of this sub-decree can request to test his/her waste sample at other public or private laboratories which are recognized formally and those laboratories 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 the article 23 of this sub-decree shall pay analysis fee of his/her own waste sample following the list of testing cost determined by the Ministry of Environment and the Ministry of Economy and Finance.
These incomes shall be incorporated into the national budget for allocating the Environmental Endowment Fund.
Article 25: In the case of finding out that there are an illegal disposal or dumping of the hazardous waste without a permit from the competent institution, the Ministry of Environment in collaboration with concerned ministries, shall conduct the inspection at the places in complying with procedures as follows:
Penalty
Article 27: Violations of this Sub-Degree shall be fined and punished according to article 20, 21, 22, 23 and article 25 of the chapter 9 of the Law on Environmental Protection and Natural Resource 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: The report making and the prosecution for any person who violates or fails to abide by any article of this sub-decree, is the responsibility of the Ministry of Environment's official.
CHAPTER 6
Final provisions
Article 30: Any provision contrary to this sub-decree shall be considered null.
Article 31: The minister in charge of the cabinet of the council of Ministers, concerned ministries and institutions shall collaborate with the Ministry of Environment/and implement this Sub-decree according to their duty.
Article 32: This sub-decree shall be in force from the date of its signature.
AnnexType of the hazardous waste
| Zinc (Zn) | Selenium (Se) | Tin (Sn) | Vanadium (V) |
| Copper (Cu) | Arsenic (As) | Barium (Ba) | Cobalt (Co) |
| Nickel (Ni) | Antimony (Sb) | Beryllium (Be) | Tellurium (Te) |
| Lead (Pb) | Titanium (Ti) | Uranium (U) | Silver (Ag) |