Legal Framework Report Draft PDF
Legal Framework Report Draft PDF
Legal Framework Report Draft PDF
DEVELOPMENT OF THE
EXISTING LEGAL
FRAMEWORK REPORT
0
PROJECT TEAM
Controlled by
Esra ÖLMEZ
Project Coordinator
Reported by
Rıza Şengül
Lawyer
i
INDEX
ii
LIST OF TABLES
Table 1 Annual Targets for Packaging Waste Recovery on the basis of material ................... 12
Table 2 Rate of Disposal Responsibility of Battery Producers ................................................. 14
Table 3 Recovery and Disposal Responsibility Rates of Accumulator Producers .................... 14
LIST OF FIGURES
iii
INTRODUCTION
Rapid developments in industry and technology increase the dominance of people on the nature and
increase their life quality on one hand, and as a result of the disruption of the natural balances upon
the increased population and rapid urbanization, has led to air, water and soil pollution that reached
a level threatening all living creatures. Environment that had been perceived only as narrow scope
pollution problems and short term solutions to eliminate them has now begun to indicate itself as
the unity of natural, economic, social and cultural values. The most important factor determining this
development is rapid and irreversible destruction of the resources used in realization of social and
economic growth. Understanding this fact has brought about leaving traditional models of growth
and searches for new models. Therefore, traditional unlimited growth and unlimited consumption a
model has begun to be replaced by sustainable and well balanced growth models.
Amount of waste generated is increasing day by day in Lahore as in the whole world, depending on
the social and economic structure and increasing population. Therefore, solid wastes have become
one of the most important environmental problems that we experience. Solid wastes are not only
those required to be disposed of in a secluded site, but also required a management system including
many different elements such as collection, transportation, recovery and disposal. As a result of
these developments, the term Waste Management has been widely used in everyday language, and
a newer term “Integrated Waste Management” has become to be used.
For the purpose of forming the legal infrastructure of Integrated Waste Management, determining
principles, technical terms and standards in this way, legal arrangements have been made in the
whole world as well as in Turkey.
1. WASTE POLICY IN TURKEY, PAKISTAN AND IN THE WORLD AND ITS PRINCIPLES
In the basis of EU waste management policies, there lies “waste management hierarchy" and
“producer responsibility”. The priority in the hierarchy is prevention of wastes in production stage
and decreasing waste amount and its hazard level. Recovery of the wastes through reuse, recycle and
energy generation constitute the second step, which is recovery, and burning or safe storage of the
wastes that do not allow Domestic Solid Wastes’ Integrated Management in EU Harmonization
Process constitute the last step.
Principle of producer responsibility is a reflection of the principles of “polluter pays” and is the
coverage of any kind of costs arising from the wastes by the waste producers. Other principles are
self-sufficiency at the level of community and member state, use of the most economic among the
suitable technologies and disposal of wastes in the area closest to the source.
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provisions of Metropolitan Municipality Law no. 5216 and Municipality Law no. 5393, responsibility
in the field of waste management is Municipalities' to a significant degree. Turkey’s waste
management and principles have been determined in the framework of prioritized objectives, targets
and strategies, in the direction of European Union principles and policies.
Pakistan’s Ministry of Environment published in 2005 the National Environment Policy (NEPA), which
provides for integrated environment management policies under sections devoted to water
management, waste management, air quality, bio-diversity etc.
National Sanitation Policy (6 March, 2006) is a document the Government of Pakistan prepared to
assist local governments (including Punjab) in formulating their own strategies, plans, and programs.
The sewage system and the current state of affairs in the region was analyzed, targets regarding the
improvement of the sewage system were determined, and the roles and responsibilities of agencies,
organizations and individuals as well as the mechanisms for implementation and monitoring were
defined.
NEPA (National Environment Policy) (2005): With a view to formulating Pakistan’s integrated
environment management policy within the framework of the sections of NEPA (water management,
waste management, air quality, bio-diversity etc.), the National Environment Policy Act is drawn up
by the Pakistan’s Ministry of Environment. The act covers the management of pollutants, integration
of the process of improving and protecting environment with the private/public sectors, and the
creation of a “National Environment Policy Implementation Committee” for the implementation and
monitoring processes of the approved environment policy.
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2. SOLID WASTE MANAGEMENT LEGISLATION IN TURKEY AND PAKISTAN
Legal legislations concerning solid waste management in Turkey and Pakıstan have been given below.
1982 Constitution granted right to live in a healthy and well balanced environment to the citizens,
and defined developing the environment, protecting environmental health and pollution prevention
as the duties of the state and the citizen.
In Turkey, environmental preservation policy consists of the Environment Law no. 2872 entered into
force in 1983 and regulations, bylaws and communiqués prepared based on the mentioned law.
Therefore, Law no. 2872 is accepted both as the beginning of the established and direct legal studies
concerning the environment and the basic framework of the environmental preservation policy.
In Turkey, solid wastes have to be stored, shipped and disposed according to Environment Law no.
2872 and the regulations entered into force pursuant to this law. Moreover, Public Hygiene Law no.
1593, Municipalities Law no. 5393 and Metropolitan Municipality Law no. 5216 are applicable.
In addition to the solid wastes from the industry, solid wastes from the dwellings and workplaces
have to be collected, shipped and disposed by the municipalities. However, in such cities with
Metropolitan Municipality organization, temporary storage, collection of garbage and their
transportation to the disposal facilities are County Municipalities’ duty, and construction and
operation of the disposal facility, where recovery, sanitary landfill, burning, composting and like are
applied is Metropolitan Municipality’s.
Management of solid wastes in conformity with the public health, according to rules of science, and
using solid wastes for recovery and like are requirements of Public Health Law.
For our country, which is in the process of nomination in European Union, to complete negotiation
process as soon as possible and to gain member status, it is required to reflect EU acquis on waste
management including waste burning and sanitary landfill on the national legislation. Therefore, EU
standards on solid waste management have been reflected on the directives. And this required
revision of some directives.
Laws
There are many laws on solid wastes management in Turkey. These are:
- Environment Law numbered 2872
- Law on Making Amendments on Environment Law no. 5491
- Law on Organization and Duties of Ministry of Environment and Urbanization no. 4856
- Metropolitan Municipality Law no 5216
- Municipality Law no 5393
- Law on Municipal Revenues no 2464 (ÇTV)
- Law on Making Amendment on Law on Municipal Revenues no 3914
- Turkish Penal Code no 5237
- Public Health Law no 1593
Directives
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- Regulation on Sanitary Landfill of Wastes (26.03.2010, 27533 R.G.)
- Regulation on Waste Burning (06.10.2010, 27721 R.G.)
- Regulation on Permissions and Licenses Required to be Obtained pursuant to Environment
Law (29.04.2009, 27214 R.G)
- Regulation on Solid Waste Control (14.03.1991-20814 R.G.)
- Regulation on Medical Wastes Control (1993 -22.07.2005-25883 RG)
- Regulation on Hazardous Wastes Control (1995- 14.03.2005-25755 R.G)
- Regulation on Package Wastes Control (2004-24.08.2011-28035 R.G.)
- Regulation on Waste Oils Control (2004- 30.07.2008-26952 R.G.)
- Regulation on Excavation Soil, Construction and Destruction Wastes Control (18.03. 2004-
25406 R.G)
- Regulation on Waste Battery and Accumulators (31.08.2004-25569 R.G.)
- Regulation on Plant Wastes Control (19.04.2005–25791 R.G.)
- Regulation on Tires with Expired Life (25.11.2006-26357 R.G)
- Regulation on Biphenyl with Polychloride and Terphenls with Polychloride Control
(27.12.2007-26739 R.G.)
- Regulation on Limiting the Use of Some Hazardous Materials in Electric and Electronic Goods
(30.05.2008-26819 R.G.)
- Regulation on Control of Soil Pollution and Polluted Sites with Point Source (08.06.2010-
27605 R.G.)
International Conventions
- Basel Convention on Transboundary Movements of Hazardous Wastes and Their Disposal
(15.05.1994-21935 R.G.)
At the federal level, administrative agencies organize relevant legislation and overall targets with a
view to ensuring the protection of environment. The towns are under obligation to implement
existing legislation. The Municipalities and Municipalities Association have also responsibilities
regarding the collection of solid waste.
A preliminary information meeting was held with LWMC attorney Mr. Mehran Afzal on 23.09.2011
within the framework of legal regulations project package, and the following documents were
obtained and examined.
Policies
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4. Rules Regarding Hazardous Materials, 2003
5. Regulation on the Management of Hospital Waste, 2005
6. Pakistan Environment Protection Agency (IEE and EIA Analyses) Regulation, 2000
Agreements
1. Service and Asset Management Agreement for Solid Waste Management Services in Lahore
2. Articles of Incorporation for “M/S Lahore Waste Management Company”
3. Articles of Incorporation for “Lahore Waste Management Company”
3.1. TURKEY
3.1.1. Laws
Environmental Law 2872 has been enforced upon being published in Official Gazette dated
11.08.1983 and numbered 18132. “Law for Amendment of Environmental Law” was enforced upon
being published in Official Gazette 5491 dated 13.05.2006.
The purpose of this Law is to ensure protection of environment which is the common asset of all
creatures according to the principles of sustainable environment and sustainable development.
As per article 8 of Environmental Law “It is prohibited to deliver any kind of wastes and residues
directly or indirectly to the receiving environment, storing, shipping, removing such and carrying out
similar activities in a manner to harm the environment, not in conformity with standards and
methods established by the Regulations.
Environmental Law, Article 8 “It is prohibited forbidden to deliver any kind of wastes and residues
directly or indirectly to the receiving environment, storing such and carrying out similar activities.”
Law for Amendment of Environmental Law 5491, this law is a framework law and establishes rules
for the protection of environment and regulations for administrative organization and also provides
authority to enforce directives for the protection of environment.
Beneficiaries of such service are obliged to contribute to investment, operation, maintenance, repair
and treatment expenses made by responsible administrations.
Solid waste collection, haulage and disposal fee are charged from the beneficiaries of this service
according to the tariff to be established by the city council. Fees charges as per this clause may not
be used for purposes other than services concerning solid waste“
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Metropolitan Municipality Law 5216, with this law establishment of Metropolitan Municipalities is
regulated. Also, authorizations for establishing and sanitary landfill facilities and waste treatment
facilities were granted to Metropolitan municipalities. In spite of this, services for collection of
domestic solid wastes and their haulage to disposal facilities is within responsibility of district
municipalities.
Article 7. - “...preparing solid waste management plan, having such prepared; establishing facilities or
having such established to carry out services for reuse, storage and disposal of solid wastes and
excavation earth except for collection of solid wastes at the source and haulage thereof to transfer
station...”
Municipality Law 5393, with this law establishment of Municipalities is obliged for settlements with
a population in excess of 5000. Duties of collection, haulage, recovery, storage of domestic solid
wastes and street and road cleaning are given to the municipalities.
Articles 14 and 15 - “...carrying out all services or having such to be carried out with regard to
collection, haulage, sorting, recovery, destruction and storage of solid wastes...”
Law on Municipal Revenues 2464 (ÇTV), it covers fees to be charges in return of local services and
tax revenues.
Article 97 - Waste producers are included in waste management services implementing “polluter
pays” principle.
Law on Amendment of Law on Municipal Revenues 3914, with this law Municipalities were enabled
to collect “sanitation tax”.
Turkish Penal Code 5237, With articles 181 and 182, penalties concerning intentional and negligent
pollution of environment are regulated and penal sanctions including imprisonment are stipulated.
Public Hygiene Law 1593, this law includes regulations with regard to duty and authority distribution
between public institutions and municipalities on collection and storage of domestic wastes, taking
required measures to safeguard public health.
3.1.2. Regulations
3.1.2.1. Regulation Concerning General Conditions of Waste Management (05.07.2008, 26927 R.G.)
With “Regulation Concerning General Conditions of Waste Management” which became effective
upon being published on the Official Gazette 26927 dated 05.07.2008, European Waste Catalog
(AAK) has been fully harmonized. It is a regulation which includes the conditions specified in
directives of Waste Framework Directive (75/442/EEC,15/07/1975), Waste Directive (2006/12/EC,
05/04/2006), Commission Decree Concerning Establishment of Waste List (2000/532/EC,
03/05/2000).
Purpose of the regulation is to establish general conditions to ensure management of wastes without
harming environment and human health from their production to disposal. Within this scope, articles
of prohibition of pollution and export, establishing waste management plans, obligation to obtain
license, ensuring financial liability insurance, covering disposal costs constitute the main provisions of
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the regulations, annex of the regulation include the list of waste harmonized with European Union,
defining hazardous and non-hazardous wastes.
Utilization of methods and processes which will not harm environmental and human
health
In order to identify the wastes as hazardous they shall possess one or more of the hazardousness
properties listed in Annex-3/A of the Regulation names Hazardous Properties.
Annex-4 of the regulation contains Waste List, in the list wastes with hazardous properties are
emphasized with * as in AAK. The waste list contains more than 800 waste codes and almost half of
these wastes codes define hazardous wastes.
Wastes in the waste list are divided into chapters as sector and source oriented. Wastes are
identified with 6 digit waste codes in the list. Waste codes are gathered under total 20 sections and
each section has been identified with two-digit codes. Two-digit groups are contained under each
section. These groups define subheadings of that sector according to the type of the waste. The last
two digits of the waste code provides the codes which define waste under waste group.
The regulation imposes responsibilities to waste producers and haulers to obtain license, to obtain
haulage license, to keep records, to have financial liability insurance, to meet disposal costs.
Real and legal entities that carry out waste disposal and recovery are obliged to obtain
license from the Ministry,
Persons, bodies or organizations that carry out waste collection and/or haulage works are
obliged to obtain haulage license from Provincial Environment and Urban Development
Directorates,
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Facilities and enterprises that produce waste and persons, bodies or organizations that carry
out recycle operations are obliged to keep record of following information,
- waste type,
- waste quantity,
- resource of waste,
- facility it is delivered,
- method of haulage,
- processes that the waste is subjected to as per methods specified in ANNEX-II A and
ANNEX-II B
Bodies which carry out operations of collection, haulage of hazardous wastes and
intermediate storage, recovery, reuse and disposal of such are obliged to have hazardous
waste financial liability insurance against damages which can be incurred by third parties and
environment due to an accident which may occur due to these activities.
Owner of the waste or manufacturer of the product that results in waste is obliged to meet
disposal cost in line with the principle of “Polluter Pays”.
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a) Class I sanitary landfill facility: The facility having the required infrastructure to store
hazardous wastes.
b) Class II sanitary landfill facility: The facility having the required infrastructure to store
municipal waste and non-hazardous wastes.
c) Class III sanitary landfill facility: The facility having the required infrastructure to store inert
wastes.
The regulation has defined limits for reduction to biodegradable wastes. Biodegradable waste
quantity to be stored are required to be reduced to the following levels upon enforcement of the
regulation;
The regulation describes landfill location selection for sanitary landfill storage of wastes, establishing
landfill site impermeability layer, leachate control, gas control, control of dust and noise produced
during operation, general conditions, waste acceptance criteria and procedures, landfill area
operation and post-control and monitoring procedures annexes.
3.1.2.3. Regulation Concerning Permits and Licenses to be Obtained as Per Environment Law
(29.04.2009, 27214 R.G.)
Regulation Concerning Permits and Licenses to be Obtained as Per Environment Law (ÇKAGİYHY,
2009); aims to establish all tasks and processes concerning permits and licenses required to be
obtained as per Environment Law 2872 and duties and responsibilities of competent authorities,
environment management units and environment officers concerning this duty and duties and
obligations of environment consultancy companies, enterprises and operators authorized by the
Ministry.
This Regulation covers terms concerning collection, transportation, recovery, making use of,
destruction of and making harmless the domestic solid wastes thrown to residential areas, plant
wastes thrown from parks, gardens and green areas, industrial and commercial wastes which are not
of harmful waste quality but of domestic waste quality, purification sludge thrown from domestic
water purification facility and industrial purification facilities’ sludge which do not fall under the class
of harmful waste.
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Regulation for Control of Solid Wastes includes provisions with regard to composting of solid wastes.
Regulation for Control of Medical Wastes became effective upon being published on the Official
Gazette dated 20/05/1993 and numbered 21586. It is revised upon being fully harmonized with
Waste Incineration Directive in EU legislation harmonization process and new regulation became
effective upon being published on the Official Gazette dated 22/07/2005 and numbered 25883.
The regulation covers the wastes produced in the result of activities of health organizations specified
in ANNEX-1 and detailed in ANNEX-2 and conditions pertaining to separate collection of those wastes
at the source of production, temporary storage, haulage and disposal of such.
The purpose of the Regulation is to regulate principles, policies and programs with regard to
prevention of medical wastes to be delivered to the receiving environment directly or indirectly
causing harm to environment and human health, separate collection at source without causing harm
to environment and human health, haulage in the unit, temporary storage, haulage and disposal, and
procedures and conditions for establishing and implementing legal, administrative and technical
conditions from production to disposal.
The regulation imposes several responsibilities to Ministry of Environment and Urban Development,
civilian authorities, waste producers and municipalities.
Regulation for Control of Hazardous Wastes became effective in 1995. EU standards pertaining to the
management of hazardous wastes have been reflected to Regulation for Control of Hazardous
Wastes which became effective upon being published on Official Gazette 25755 dated 14.03.2005.
Hazardous wastes shall be disposed of under special conditions without causing harm on
environment and human life due to hazardous properties they possess. Therefore, such wastes shall
always be incinerated according to the technique and subjected to physicochemical process or
subjected to sanitary landfill storage. With the regulation environment friendly management of
hazardous wastes from production to final disposal is aimed.
Scope
It covers prohibitions, restrictions and obligations with regard to collection of hazardous wastes,
temporary storage in the facility, intermediate storage, haulage, recovery, final disposal, import and
export; and measures to be taken, inspections to be carried out and legal and technical
responsibilities to be subject to.
The Regulation reestablishes the duties of the Ministry, Civil authorities and obligations of waste
produces and waste disposer bodies are revised.
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Regulation for Control of Packaging Hazardous Wastes became effective under name of “Regulation
for Control of Packaging and Packaging Wastes” upon being published on Official Gazette 25538
dated 30.07.2004. It was revised due to several problems experienced in implementation and
became effective upon being published in Official Gazette dated August 24th, 2011 and numbered
28035. The regulation was prepared in full harmony with European Union 94/62/EC Directive on
Packaging and Packaging Wastes.
This Regulation covers all packaging marketed nationally regardless of being domestic, industrial,
commercial and enterprise sourced and made of plastic, metal, glass, paper, cardboard, composite
and similar materials and wastes of such packaging.
Marketers:
To recycle the packaging waste in propionate to the ratio specified in below Table 1 and document
this in accordance with Regulation,
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Table 1 Annual Targets for Packaging Waste Recovery on the basis of material
2005 32 32 30 20 -
2006 33 35 33 30 -
2007 35 35 35 35 -
2008 35 35 35 35 -
2009 36 36 36 36 -
2010 37 37 37 37 -
2011 38 38 38 38 -
2012 40 40 40 40 -
2013 42 42 42 42 5
2014 44 44 44 44 5
2015 48 48 48 48 5
2016 52 52 52 52 7
2017 54 54 54 54 9
2018 56 56 56 56 11
2019 58 58 58 58 13
2020 60 60 60 60 15
Regulation on waste lubricants published in Official Gazette No 25353 dated 21.01.2004 is repealed.
New Regulation comes into force upon published in Official Gazette No 26952 dated 30.07.2008.
With the arrangement concluded, regulation is fully tailored to Waste Lubricant Directive No 75/789
EC of European Union.
The objective of this regulation is to define the procedures and principles in order to identify the
guidelines and programs required to prevent direct or indirect introduction of the receipt
environment as it will cause damage on environment from production to disposal of waste
lubricants, to ensure provisional storage of them without harming the environment and human
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health, to establish the technical and administrative standards required in the waste lubricant
management, to establish transfer landfills, processing and disposal facilities as well as to manage
these facilities in compliance with environment.
This Regulation regulates the prohibitions, limitations and obligations related with production,
provisional storage, transportation, processing, disposal, import and export as well as transit transfer
of Category I, II and III waste lubricants indicated in ANNEX-1, the precautions to be taken as well as
inspections to be carried out.
Regulation on Control of Construction and Demolition come into force upon publication in Official
Gazette No 25406 dated 18 March 2004.
The objective of the Regulation is to arrange the general rules that must be complied as well as the
technical and administrative issues related with reducing principally at origin, collecting, temporary
storage, transfer, recovery, utilization and disposal of Construction and Demolition as not to damage
environment.
Regulation covers excavation earth as well as construction and debris generated as a result of human
activities and natural disasters, of which sources and components is specified in detail in Annex-1.
Regulation on Control of Waste Batteries came into force upon published in Official Gazette No
25569 dated 31 August 2004. Regulation is revised on March 3rd, 2005. It is partly tailored to
Directive No 2006/66/EC on Batteries and Directive No 93/86/EC Labeling of Batteries.
This Regulation stipulates the prohibitions, restrictions and obligations on labeling and marking of
batteries, reducing the harmful substance amount in their production, collection, transport, disposal,
export, import, transit transfer as separately from domestic and other waste after they are used and
inspections to be made and obligations to be subjected.
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Table 2 Rate of Disposal Responsibility of Battery Producers
1. Group
Batteries 15% 25% 30% 35% 40%
2. Group
Batteries 25% 35% 50% 65% 80%
Regulation on Control of Waste Vegetable Oils came into force upon published in Official Gazette No
25791 dated 19.04.2005.
The objective of the Regulation is to prevent the waste oils being discharged into receiving
environment directly or indirectly from production until disposal of them and arrange the necessary
technical and administrative standards as well as legal and technical rules.
This Regulation arranges the prohibitions, restrictions and obligations in relation with temporary
storage, collection, carriage, recovery, disposal, trade, export, import and transit transfer of waste
vegetable oils, the measurements to be taken, audits to be carried out, legal and criminal obligations
to be subjected to.
Regulation on Control of End-of-Life Tires came into force upon publication in the Official Gazette No
26357 dated 25.11.2006.
The objective of the regulation is to define necessary arrangements and standards for establishment
of a collection and transportation system in order to prevent end-of-life tires being discharged into
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the receiving environment directly or indirectly, which will damage environment and recovery and
disposal of them, preparation of a management plan for them as well as management of them and
the rules on the restrictions and obligations related with import, exports and transit transfer of them.
This Regulation arranges the prohibitions, restrictions and obligations in relation with temporary
storage, collection, carriage, recovery, disposal, trade, export, import and transit transfer of end-of-
life tires (excluding bicycle and solid tires), the measurements to be taken, audits to be carried out,
legal and criminal obligations to be subjected to.
The objective of the Regulation on Control of PCB and PCT is to establish the administrative and
technical principles and procedures in order to eliminate completely PCB used and the materials and
equipment containing PCB without causing damage on environment and human health.
This Regulation covers the restriction and obligations related with preparation of inventory of PCB
and materials and equipment containing PCB and their temporary storage, carriage, treatment and
disposal as well as their export and import; the measurements to be taken, audits to be conducted as
well as legal and criminal liabilities to be subjected to.
3.1.2.14. Regulation on Restriction of the Use of Certain Harmful Substances in Electric and
Electronic Equipment (30.05.2008-26819 O.G.))
The objective of this regulation is to stipulate the principles and procedures related with recovery
and disposal of the electric and electronic equipment waste in an environmentally compliant manner
by establishing the administrative, legal and technical rules in order to restrict the use of certain
harmful substances in electric and electronic equipment and define the exceptional applications from
these restrictions, controlling the import of electric and electronic equipment, all with the purpose of
protection of environment and human health.
This regulation covers the electronic and electronic equipment classified under class 1, 2, 3, 4, 5, 6, 7
and 10 provided in ANNEX-1A as well s electric bulbs and lighting equipment for domestic purposes.
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Duties, Authorities and Responsibilities
The objective of this Regulation is to prevent and restrict potential adverse effects of waste
incineration on the environment, particularly the pollution arising due to emissions to air, soil,
surface waters and underground waters and potential risks on the human health with applicable
methods.
This Regulation covers the minimum conditions required for waste incineration and common
incineration facilities. Regulation contains in detail the information about, for waste incineration and
common incineration facilities, general rules, location selection and license permit processes, waste
acceptance, operation conditions, flue gas emission limit values, discharge of waste water coming
from flue gas removal, incineration facility residuals, audit, monitor, measurement conditions and
relevant sanctions.
This Regulation covers the technical and administrative procedures and principles in relation with
prevention of earth pollution, identification of the fields and sectors where pollution exists or will
potentially exist, to record them, cleaning and monitoring the contaminated earths and fields.
3.1.3.1. Basel Agreement on Control of Cross-Border Transport and Disposal of Dangerous Waste
(15.05.1994-21935 O.G.)
Efforts has been continuing at international level in order to take measurements against potential
damages of industrial waste on environment and human health in aspects of their management,
disposal and transport. In this regard, Works has been initiated in United Nations Environment
Program (UNEP) and issued “Basel Agreement” has come into force at 05.05.1992.
Our country has ratified the Agreement at 22.05.1989 and Agreement has come into force upon
published in Official Gazette No 21935 dated 15.5.1994.
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To ensure rehabilitation and disposal of the dangerous and other waste in an
environmentally-compliant manner in a place closest to where they generated,
To minimize the generation of dangerous and other waste (In terms of Amount and potential
harm)
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LEGAL PROCESS
Commisions that
the commission inform the main
Subsidiary commision about the
whose report will be Main commission
commissions articles or aspects of
basis in General the regarding issues
Assembly
discussions
REPORT
APPROVAL OF
PRESIDENT
PUBLISHED IN THE
OFFICIAL
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3.2. PAKISTAN
3.2.1. Laws
3.2.1.1. Pakistan Environment Protection Act (PEPA) 1997: Pakistan Environment Protection
Decree (1983) was revoked and replaced with PEPA. Any proposed environment-related regulations,
by-laws, circulars etc. in Pakistan are formulated on the basis of the Pakistan Environment
Protection Act. The Pakistan Environment Protection Council formed by the Federal Government
comprises the political authority in Pakistan. The Pakistan Environment Protection Council gave
jurisdiction to the Pakistan Environmental Protection Agency formed by the Federal Agency. The
Federal Agency is equipped with legislative powers. The Provincial Government, on the other hand,
assigned jurisdiction on environment-related matters to Provincial Environmental Protection
Agency. The arbitration on environment is provided by the Federal Government, which is granted
the authority to come up with any number of environment arbitration as it deems necessary. The
penalties and sanctions imposed by the Federal Government are based on National Environment
Quality standards. Below are the process flow-charts for PEPA:
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LAW MAKING PROCESS
National Assembly of
Pakistan
Senate of Pakistan
Approval of
President of Pakistan
Official Gazette
Sayfa 1
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PAKISTAN ENVIRONMENTAL PROTECTION COUNCIL
MINISTER IN CHARGE OF
VICE CHAIRPERSON SUBJECT OF
ENVIRONMENTAL
MEMBERS MEMBERS
MINISTER OF
ENVIRONMENTAL CHIEF MINISTERS OF THE
GENERAL SECRETARY OF PROVİNCES
PAKISTAN GOVERMENT
CHAMBER OF COMMERCE
35 PEOPLE INDUSTRY ASSOCIATIONS
20 PEOPLE SELECTS FEDERAL HEALTH GROUPS
GOVERNMENT COMMERCE GUILDS
5 PEOPLE NON GOVERNMENT CIVIL SOCIETY ORGANIZATION
REPRESENTATIVES SCIENTISTS
10 PEOPLE TECHNICAL SPECIALIST
TRAINERS
Sayfa 1
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ORGANIZATIONAL CHART FOR ENVIRONMENT PROTECTION AGENCY
ENVIRONMENTAL
PROTECTION ACT
ENVIRONMENTAL
PROTECTION COORDINATION
COUNCIL
ENVIRONMENTAL
PROTECTION AGENCY
DIRECTOR GENERAL
NATIONAL APLICATION
ENVİRONMENTAL
COORDINATION
COMMITTEE
PROVINCIAL PROVINCIAL
ENVIRONMENTAL ENVIRONMENTAL
PROTECTION AGENCY PROTECTION AGENCY
Sayfa 1
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OFFICAL GAZETTE
ENVIRONMENTAL TRIBUNALS
CHAIRPERSON
(The Judge of the High
Court)
Member Member
Member
(Appointed by the (Appointed by the
(Technical)
Government) Government)
Environmental Tribunals
3.2.2. Regulations
With the authority granted by the Zila Council on the basis of the relevant articles of Punjab Local
Government Decree dated 2001, Lahore assigned Zila Nazimi the power to formulate and
promulgate Solid Waste Management Regulation. The said regulation covers the definitions,
sweeping and cleaning of streets and public spaces, collection and transportation of all kinds of
waste, use of waste and farm manure, accumulation of waste and construction rubble etc. in public
spaces, construction and maintenance of hygiene facilities (toilets and bathrooms), clogging,
construction and maintenance of drains, cleaning of public buildings ((DO) (SWM) District Officer may
recommend the sealing of a building in case the public spaces within CDGL area is not disposed of in
line with the directive), closing of swimming pools under unsuitable conditions, removal of stools of
animals owned by persons (the fees regarding the disposal of animal carcass shall be borne by the
owner of the animal) and breaches/penalties. CDGL may establish a budget to meet the costs to arise
with respect to this law, for use in the hygienic and environmental domain under its jurisdiction
(CDGL generally collects its expenses from the polluters, via taxation). The SWM district officers
appointed by CDGL are responsible with general coordination under the regulation, whereas the
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waste producers are responsible with the removal and collection of the waste. The pricing policy is
based on the pay-as-you-pollute principle. CDGL is responsible with providing disposal sites for
waste.
Breaches and penalties; In case of any breach regarding the matters discussed in the regulation, a
written warning is issued by the district officer to the breaching person, as per the relevant articles of
the local government decree dated 2001. In case the breach is not eliminated within one week, the
district officer may close and seal the facilities or building the warning was issued to. Furthermore, in
case of breach of any section of the legislations, the District Officer may apply fines up to 500 rupees,
and 50 rupees for each day of breach until such breach is eliminated.
The Directive is prepared to put forward more detailed directives regarding the service, for the solid
waste management site in the province is not fully operational within the framework of Solid Waste
Management Rules (2007) within the framework of Punjab Local Government Decree dated 2001.
There are no comprehensive directives in Punjab, specifying all important elements of waste
management systems. This Directive aims to fill this void by serving as a general manual for
provincial government departments, local governments, private enterprises and other agencies that
initiate or operate solid waste management activities in urban areas.
The directives in question cover only wastes concerning the municipality. Therefore, hazardous
wastes including but not limited to medical and industrial waste, are not subject to the
abovementioned directives. Various elements of Solid Waste Management, such as waste collection,
waste transfer, recycling, waste burning, composting, biogas generation, and sanitary landfills are
included within the framework of this directive, and technical assistance is provided to performing
such procedures with a minimal impact on the environment.
The Rules regarding Hazardous Materials regulate the licensing requirements for the collection,
shipment, transportation, processing, disposal or importation of hazardous waste by firms using the
materials specified in Appendix-1 of the relevant regulation, packaging and labeling issues regarding
the management of hazardous wastes, requirements for facilities, general safety measures, safety
measures for workers, oversight and monitoring, safety plan, accident reporting, waste management
plan, importation and transportation of hazardous materials.
The firms intending to import or transport hazardous waste are under obligation to obtain licenses
from the Federal Government/Provincial Administration, and to add EIA to their license applications.
Federal Government/Provincial Administration is required to audit licensed firms at least once a year.
The Federal Government promulgated the “Hospital Waste Management Regulation” dated 3 August
2005, as per article 31 of Pakistan Environment Protection act dated 1997. The regulation assigns the
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waste management responsibility (sorted collection of the waste at the source, transportation and
disposal) to hospitals, under the coordination of the waste management team comprising hospital
staff.
The regulation covers the formulation of waste management plans on the basis of 14000
environment management standard, sorted collection of wastes at source, transportation and
disposal as per the waste management plan, training and information of the personnel, accident
management, monitoring and oversight.
The monitoring and oversight functions are performed by health inspectors, who report to the
Hospital Complaints Review Committee comprising the officials of the hospitals in the area.
Furthermore, a Hospital Waste Management Advisory Board is provided for to propose plans and
projects for efficient management of hospital wastes, to carry out periodical reviews regarding the
implementation of regulations, and to offer opinion on required amendments.
3.2.2.5. Pakistan Environment Protection Agency (IEE and EIA Reviews) Regulation, 2000
The regulation was put into effect by Pakistan Environment Protection Agency in year 2000, with the
purpose of providing “Initial Environmental Examination (IEE)” and “Environmental Impact
Assessment (EIA)” for facilities which cause environmental pollution. The regulation covers the
projects which require and do not require EEI and EIA, preparation of EEI and EIA, review charges,
preliminary review conditions, public participation process, decision and approval terms, compliance
confirmation, monitoring, approval cancellations, project registration, promulgation of sensitive
areas, and the composition of environmental assessment advisory committees.
The regulation classifies the facilities in two lists: Appendix-1 and Appendix-2. The facilities listed in
Appendix-1 are required to prepare IEE, whereas the facilities listed in Appendix-2 are required to
prepare EIA. The regulation also describes the schedules and deadlines for EEI and EIA preparation,
and specifies the authorities to examine the files.
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4. CONCLUSION AND ASSESSMENT
The legal framework in the EU, Turkey, and Pakistan is examined in order to establish the legal
infrastructure for Integrated Waste Management, and to determine principles, technical guidelines,
and standards applicable to waste management. The findings and recommendations reached in
conclusion of the study are noted below.
The National Environment Policy Act (NEPA) was promulgated in year 2005 by Pakistan’s Ministry of
Environment. NEPA defines general principles of waste management on the basis of globally
accepted pillars of clean production technologies, 3R, integrated perspective on waste management,
and subsidy mechanisms for waste management. In order to achieve a more efficient application of
integrated waste management, it is necessary to include in NEPA new sections covering registration,
monitoring, and oversight over all processes from the creation of pollutants, to final disposal.
Law
Pakistan’s environment related law, PEPA was promulgated in 1997. The law provides for the
establishment of Environment Protection Council, jurisdiction regarding the implementation of the
law, and arbitration on environment related matters. The law also provides definitions.
It is necessary to revise the definitions of the terms waste, hazardous materials, hazardous waste,
hospital waste, industrial waste, urban waste included in the law, under the light of the definitions
provided in international literature. Furthermore, definitions of wastes which require urgent
management, such as excavation rubble, construction rubble, packaging waste, or medical waste
should be incorporated into the law. Moreover, existing regulations as well as future regulations on
the matter of management of identified types of waste should be revised in line with the updated
definitions.
What’s more, the law is lacking provisions regarding general principles of waste management,
measures and prohibitions regarding the protection of environment (the prohibition on pollution,
protection of environment, obtaining permits, treatment and disposal obligation, audit, information
and notification obligations, suspension of activities), and liability of polluters. These deficiencies
should be remedied.
Regulations
In Pakistan, the regulations on this matter include Solid Waste Management Act, Rules Regarding
Hazardous Materials, Regulation on the Management of Hospital Waste, and Pakistan Environment
Protection Agency (IEE and EIA Reviews) Regulation.
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Solid Waste Management Act
The relevant legislation covers both solid waste and waste water. This has negative implications on
the efficient implementation of the legislation. The legislation can be revised as independent
regulations covering solid waste and waste water, or a new regulation covering the management of
solid waste (solid waste, excavation rubble, packaging waste, composting of organic wastes). The
promulgation of a new regulation should be the first option in facilitating and increasing the
effectiveness of practice. The new piece of legislation should cover definitions of waste, duties and
responsibilities, construction and operation requirements applicable to sanitary landfills, composting
requirements for organic waste, construction and operation requirements for construction and
excavation rubble management sites, implementation principles for the management of packaging
wastes, and general provisions.
The rules regarding hazardous wastes provide definition of hazardous materials, and require the
firms that use such materials to obtain licenses.
The revision of the regulation’s definition of the hazardous waste, provision of new definitions for
efficient management, introduction of a new section covering clear definitions of powers and
responsibilities (with respect to Federal Government / Provincial Administration, waste producer,
disposal sites etc.), definition of provisions regarding the transportation of waste, recycling, and
disposal, definition of the requirements regarding disposal facilities, introduction of provisions
regarding interim storage and treatment facilities, and identification of reporting requirements are
necessary. On the other hand, the substitution of waste codes in international literature on the basis
of waste formation process, instead of the hazardous material’s name, with respect to the
identification of hazardous wastes, is also crucial for an efficient waste management.
The regulation assigns the responsibilities of sorted collection of hospital waste at the source,
transportation, and disposal, to the hospital.
The definition of hospital waste in the current regulation is fairly limited, and requires a revision as
medical waste with broadened scope (so as to cover all medical facilities). Furthermore, the
definitions in the regulation need to be revised as per the international literature. The oversight
regarding the medical waste management should be carried out by the government, and a clear
division of powers and responsibilities should be introduced. The minimum requirements applicable
to the equipment used in collection and transportation of medical waste should be defined.
Collection terms applicable to the collection and transportation of medical waste should be
standardized, and a provision to ensure transportation by a single agency should be included.
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Measures concerning the disposal of medical waste should be defined. Physical characteristics of
temporary storage sites and disposal sites as well as principles regarding other disposal methods
(sterilization, incineration) should be defined clearly in the regulation. Provisions regarding
government oversight over disposal activities should be added to the regulation.
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