ABA-UNDP International Legal Resource Center UNDP/Kenya- Legislative Frameworks for Solid Waste Management Systems

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1

ABA
-
UNDP International Legal Resource Center


ABA
-
UNDP International Legal Resource Center

UNDP/Kenya
-

Legislative Frameworks for Solid Waste Management Systems


October 2006


.
With

many developing countries experiencing rapid urbanization, the
implementation of effective solid waste management syste
ms is of paramount
importance.
International agreements, such as the Rio Declaration
1

and the Kyoto
Protocol
2
, underscore the importance of strong national environmental regulatory le
gal
frameworks. S
olid waste produced in urban areas
can
significantly

imp
act the
environment

in a number of ways
. Moreover, the management of solid waste

profound
ly

affects

public health and the overall quality of life
.
This report overviews
various
legislative frameworks used by

national and local governments in establishing
u
rban
solid waste managemen
t systems. Legislation is
grouped by country name under three
categories: local/municipal legislation, national legislation, and legal frameworks for
national and local level cooperation.

Where available, we have
attached

a copy o
f the
discussed law
with

this report.


II.

International Law


Basel Convention on the Control of Trans
boundary Movements of
Hazardous
Wastes and Their Disposal
,
http://www.basel.int/text/con
-
e
-
rev.pd
f



The Basel Convention sets guidelines for the disposal of hazardous waste. Some
solid waste falls under the
convention’s jurisdiction, and local regulation dealing
with hazardous solid waste should follow the guidelines established by the
convention.


III.

Local/Municipal Legislation:


COSTA RICA


Reglamento Sesi
ó
n Nº 4: “Reglamento para el Manejo Adecuado de Desechos
Solidos” (January 27, 2006)

[Full Text Attached]


The municipal solid waste regulations for the city of Alfaro Ruiz establish
procedures for c
ollection, disposal, classification and general management of
solid waste. Additionally, the law designates that the local government should
educate the population regarding its environmental responsibilities in solid waste
management.



GUATEMALA




1

Rio Declaration on Environmen
t and Development,
http://www.un.org/documents/ga/conf151/aconf15126
-
1annex1.htm


2

Kyoto Protocol,
http://unfc
cc.int/resource/docs/convkp/kpeng.pdf


2

ABA
-
UNDP International Legal Resource Center



Accord

028
-
2002 (September 26, 2002): “
Reglamento de Manejo de Desechos
Solidos para El Municipio de Guatemala”

[Full Text Attached]


Establishing the legal regulatory framework for the management of solid waste
for the Municipality of Guatemala, Accord 028
-
200
2 establishes guidelines for
storage, cleaning, recollection, recycling, and the disposal of waste.



IV.

National Legislation:


ANGOLA


Executive Decree 20/90 (January 22, 1999)
3



This law set forth the organizational structure and procedure of the
Direcca
o
Nacional de Quadros

(National Directorate of Personnel) within the “
Ministerio
da Administracao do Territorio

(Ministry of Administration of the Territory).
This has relevance to the issue of solid waste management, as the law established
that the Nation
al Directorate would oversee the selection and training involving
personnel at the local level in the area of recycling and environmental
management.


BRAZIL


Provisional Measure 80 (February 13, 1995) and

Provisional Measure 937
(March 15, 1995)

[Full Te
xt

Attached]



These laws both establish rules and procedures regarding the contracting of public
services. Included among these services are basic sanitation, trash treatment, and
other services related to the management of solid waste.


EL SALVADOR


De
cree 739 (June 28, 1996): “Declárase de interés público a las empresas
privadas que se dediquen al procesamiento de desechos solidos”
[Full Text
Attached]


This law encourages the private companies to become involved with solid waste
management through ar
ticulating that the formation

of

private companies
focusing on solid waste disposal is in the public interest. The law also grants these
companies some exemptions to custom duties.


HONDURAS




3

The summary of the decree is based upon information obtained on the Global Legal Information Network
(
http://www.glin.gov
). Further information regarding the decree can be found

through the GLIN network.

3

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-
UNDP International Legal Resource Center



Decree 85
-
98 (April 27, 1998)
[Full Text Attached]


The law es
tablishes the
Fondo de Desarollo para Projectos de Generación con
Recursos Renovables y Sostenibles

and encourages investment in the development
of renewable resources, among which can come from urban solid waste.
In

consequence, this law establishes a res
earch institution related to the disposal of
solid waste.


MEXICO


General Law for the Prevention and Integral Management of Wastes (May
22, 2005),

http://www.sma.df.gob.mx/rsolidos/0
3/federal/01clave.pdf



Focusing on hazardous wastes, the law establishes a framework for classifying
hazardous waste and selecting sites for their disposal. The law also outlines
preventative measures to safeguard against hazardous waste affecting publi
c
safety.



RUSSIA


Federal Law “On Environmental Protection” (December 10, 2002)
4




This law establishes the legal framework for environmental management and
protection. Articulated in the law include provisions for environmental research
and monitoring
of environmental protections. Chapter II specifically deals with
environmental management, including that of waste disposal. Chapter III pertains
to the economic management of environmental policies.



V.

Legislation Frameworks for National
-
Local Partnership
s in Solid Waste
Management:


CZECH REPUBLIC


Act No. 185/2001
Coll.: Waste and Amendments to Some Other Acts

(2001)


According to

Act No. 185/2001 Coll., on Waste and Amendments to Some Other
Acts
5

(2001), local authorities are responsible for municipa
l waste management.

6




4

For further information regarding the decree, see the Global Legal Information Network
(
http://www.glin.gov
)

5

2001
-
06 Waste Generation, Recovery and Disposal in the Czech Republic,
http://www.czso.cz/eng/edicniplan.nsf/o/2001
-
06
-
in_2005
-
metodicke_vysvetlivky


6

Sanitation Country Profile: Czech Republic,
www.un.org/esa/agenda21/natlinfo/countr/
czech
/
Czech
sanitation04f.pdf


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-
UNDP International Legal Resource Center


However, local authorities must follow regulations established by the Ministry of
the Environment.
7

The Ministry of the Environment, in coordination with the
National Institute of Public Health and the Czech Environmental Institute, s
ets
forth policies regarding the pr
oper handling of solid waste.


EGYPT


Law Number 4 of 1994 Promulgating the Environmental Law and its
Executive Regulation

[Full Text Attached]


The law establishes the legal framework for Egypt’s Ministry of the Enviro
nment
and the regulation of environmental policies. The Ministry has regulatory
authority and works with local agents in implementing and enforcing
environmental initiatives. One such recent initiative in the field of solid waste
management was the
Nationa
l Strategy for Municipal Solid Waste
.
8

The strategy,
developed by the national government, coordinated with local governments in
increasing the capacity and effectiveness in disposing of solid waste. Fostering
such intergovernmental relationships is useful

in combining resources to improve
solid waste management.


SOUTH AFRICA


No. 107 of 1998 National Environmental Management Act
(November 27,
1998)

[Full Text Attached]


The act established the National Environmental Advisory Forum as an advisory
council

to the Minister of the Environment and Tourism. The object of this body
is to advise the creation and implementation of environmental initiatives.
The act
also created the Committee for Environmental Co
-
Ordination
,

outlining

procedures for such initiative
s

to

be implemented at

the national and local

levels.
The framework clarifies responsibilities for environmental management

relevant
to the management of solid waste.


TUNISIA


Loi No. 97
-
40 (June 9, 1997
) [Full Text Attached]


This decree regulates the di
sposal of plastic and metal objects. Recycling of such
objects is encouraged, and the law requires enterprises authorized to conduct
recycling of plastic or metal
-

based products by the Ministry of Environment to
submit an annual report of their activities

to the National Agency of Environment
Protection. While local mayors are primarily responsible for waste control, the



7

Ministry of the Environment,
http://www.env.cz/AIS/web
-
en.nsf/


8

Egyptian Environ
mental Affairs Agency, “Solid Waste Management,”
http://www.eeaa.gov.eg/english/main/accomp4.asp


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ABA
-
UNDP International Legal Resource Center


National Agency of Environment Protection is responsible for the enforcement of
the Waste Control Act.