landfill legislation and desirability

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INTERNATIONAL WORKSHOP ON LANDFILL TECHNOLOGY AND LEGISLATION: 28 - 31 October 2014

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INTERNATIONAL WORKSHOP ON LANDFILL TECHNOLOGY AND LEGISLATION: 28 - 31

October 2014

LANDFILL LEGISLATION AND DESIRABILITY

MUREDZI.P; MSc Eng; MIPDean – School of Industrial Sciences and Technology

PRESENTATION OUTLINE

• Desirability - Understanding waste and landfills

• Current national status regards waste

• Legislation related to waste and waste management

• Landfill management and misconceptions

What is a landfill??A landfill site (also known as a tip, dump, rubbish dump or dumping ground and historically as a midden is a site for the disposal of waste materials by burial and is the oldest form of waste treatment Historically, landfills have been the most common method of organized waste disposal and remain so in many places around the world. Some landfills are also used for waste management purposes, such as the temporary storage, consolidation and transfer, or processing of waste material (sorting, treatment, or recycling).

Key Considerations in Landfill Planning

•Required capacity •Not In My Back Yard (NIMBY)

•Hydro-geology •Cost •Post-closure land use

Required Capacity• Capacity refers to the area and volume required over the useful life

• It depends on the generation rate, rate of population growth, density and waste compacted at landfill and maximum in-place elevation.

Landfill site selection factors

•Site must be 60m from lakes and streams

•Site must be 1 500m from human habitation

•Site must be 2 000m from an airport

Not in my backyard (NIMB)

• NIMBY refers to community opposition to the sitting and operation of landfill facilities close to their neighbourhood. Residents concerns include:

• Health and environmental risks; • Negative impact on aesthetics in the area;

• Lowering of property values; • Increased traffic, noise and dust

Hydro-geologyInclude water table, hydrological conductivity of the soil, surface water, precipitation and others; ideally, landfill should be sited in an area considering the following :• Low hydrological conductivity with low water table

• Landfills should not be sited in wetlands, to avoid contamination of ecologically sensitive areas.

• Landfills should not be sited in floodplains, to minimize the risk of waste washout during flooding.

CostsThe costs may be broken into:• Capital costs which often determine the type of facility that can be constructed.

• Operating costs of the facility

Planned Closure Use….• Post-closure use will have an impact on how the land is developed during use as a landfill.

• Planned heavy building construction require the use of high density compaction equipment

• Recreational uses planned, as golf courses or parks, site must be graded with vegetation replanted on closed areas of the operating facility.

Why do we need legislation???

To prevent or reduce as far as possible negative effects from the landfilling of waste on the environment the global environment human health

What are our priorities when dealing with waste??

The new buzz word – “Recycling”….What are the benefits

of recycling???

Typical landfill

Current Waste Disposal at landfills in Zimbabwe

Desirable Scenario

What are the “trade offs” when talking about landfills???

Aesthetics – International Best Practices• Exterior slopes and disturbed ground vegetated• Roads well designed and maintained and free of mud, dust and debris

• No wind blown dust and debris except in rare conditions

• Site clean ups regularly occur• No erosion, no vectors, minimal birds• No burning, minimal odours• Waste confined to one working place, compacted, immediately covered daily, low risk of disease vectors

• Access tightly controlled and enforced• No uncovered waste allowed

What is going on???? Some dump site somewhere in Zimbabwe…..

What is going on??? When it has rained….

What is going on???? Free for all…..

Attempts to collect Leachate……..Trying their best…..

The big picture…..Waste, both solid and sewage-related, is becoming a problem in urban areas as urban population increases. Approximately 99 percent of the solid wastes in the country are disposed in landfill sites, the majority of which are old quarries or gravel pits. In general, the landfills are not protected for leakages with low permeable underlying soils, concrete, tarmac or membranes. The problems arising from that are the following: with the exception of Harare, solid wastes are not sorted according to the type of wastes; the pollution from leachates is not properly understood; and the impact on ground water has not been analysed.

Previous Legislative Bottlenecks???

Environmental management policy and legal provisions prior to the 2002 Environmental Management Act in Zimbabwe were severely fragmented. This was due to the fact that sectorial ministries coordinated specific environmental responsibilities, an aspect that made administration and implementation extremely difficult, if not impossible. This left limited room to overcome the socio-economic, biophysical, political and technological bias inherent in development proposals so as to ensure sustainable development.

ENVIRONMENTALLY SOUND MANAGEMENT OF SOLID WASTES AND SEWAGE-RELATED ISSUESNATIONAL PRIORITYThe national priority is to minimize environmental pollution from solid waste disposal sites and from sewage disposal practices. The focus is on the safe disposal or recovery of wastes. The focus is on addressing the root causes, that is a sustainable pattern of production and consumption.

The Acts…..•The Natural Resources Act,•The Water Act, •The Urban Councils Act •The Rural District Councils Act

•Environmental Management Act

•Public Health ActAll the Acts regulate

the disposal of Waste in Zimbabwe

CHAPTER 20:13; NATURAL RESOURCES ACT

ACIS 9//941, 17/1950, ./311951, 411954, /2//954, 111955 (s. 6), 3//1960, 4411961, 12/l962, U/l962 (5, 2), 18/1963, 1/11963, 391/963, /011964, 221I964 (5. 54), 871196-1, 8011971 (s. 31), 391f973 (ss. 22 and 52). 111975, 22/l976 (s 87), 4/11976 (5. 139), 48/1976 (s, 82), /511979, y/l'JIY (5, !Y), 161IY81. 201198] ts 19 - Part Xl), 1111986 (5.8),81/988 Is. 164),31/991 (s. 52 - Par/ W), R.G.Ns, /53/1963. 80111963,21411964,386/1964, 2l71197(), 36511970. 913/1972, 113511975: S167511979.

AN ACT to make provision for the conservation and improvement of the natural resources of Zimbabwe; to provide for the determination of appeals by the Administrative Court and to provide for the construction of work on Communal Land for the conservation of natural resources

ZIMBABWE NATIONAL WATER AUTHORITY ACT Acts 11/1998, 22/2001, 14/2002. Modified by S.1. 430/1999An Act to establish the Zimbabwe National Water Authority and to provide for its functions; to provide for the appointment and functions of a board of the Authority; to provide for the raising of charges for the provision of water and other services by the Authority; to provide for the funds of the Authority; to provide for the imposition and collection of a water levy; to repeal the Regional Water Authority Act [Chapter 20:16]

WATER ACTActs 31/1998, 22/2001, 13/2002, 14/2002

An Act to provide for the development and utilisation of the water resources of Zimbabwe; to provide for the establishment, powers and procedures of catchment councils and sub catchment councils; to provide for the grant of permits for the use of water; to provide for the control of the use of water when water is in short supply; to provide for the acquisition of servitudes in respect of water; to provide for the protection of the environment and the prevention and control of water pollution; to provide for the approval of combined water schemes; to provide for matters relating to dam works and to repeal the Water Act [Chapter 20:22];

Chapter 29:15 COUNCILS ACTActs 21/1997,3/2000, 22/2001,13/2002.

AN ACT to provide for the establishment of municipalities and towns and the administration of municipalities and towns by local boards, municipal and town councils; to provide for the conferring of town and city status on growth points, municipalities and towns; to provide for the declaration of local government areas and the administration of local government areas by local boards; to confer functions and powers and impose duties upon municipal and town councils and local boards and to provide for the establishment of the Local Government Board and to provide for the functions thereof

RURAL DISTRICT COUNCILS ACTActs 8/1988, 18/1989 (s. 45), 11/1991 (s. 31), 3/1992, 15/1994 (s. 25),

21/1997, 23/1998,25/1998, 22/2001,13/2002.

AN ACT to provide for the declaration of districts and the establishment of rural district councils; to confer and impose functions upon rural district councils and provide for the administration of their areas

CHAPTER 20:27ENVIRONMENTALMANAGEMENT ACT

Act 13/2002, 5/2004 (s. 23), 6/2005 (s. 28)

AN ACT to provide for the sustainable management of natural resources and protection of the environment; the prevention of pollution and environmental degradation; the preparation of a National Environmental Plan and other plans for the management and protection of the environment; the establishment of an Environmental Management Agency and an Environment Fund; to amend references to intensive conservation areas and committees and associated matters in various Acts; to repeal the Natural Resources Act [Chapter 20:13], the Atmospheric Pollution Prevention Act [Chapter 20:03], the Hazardous Substances and Articles Act [Chapter 15:05] and the Noxious Weeds Act [Chapter 19:07]

Environmental Legislation and Role of EMA

• Environmental legislation is statutory law that has been enacted by an environmental authority

• Waste and Solid Waste Disposal Regulations, Statutory Instrument No. 6 of 2007

• Landfill construction supervision carried out by a consultancy registered with EMA

• EMA enforces the requirements for landfills during and after operation

Section 22 (1)No person shall dispose general waste or hazardous waste at any other place except in a licensed general landfill or a hazardous waste landfill.

Section 22 (2)With effect from the date of publication of the regulations, all new solid waste sites shall be lined with the appropriate lining (as approved by the Environmental Management Agency) specific to the nature of the environmental risk, whether it is an industrial, domestic, mining or any type of solid waste.

Section 22 (3) No person shall continue to use an old unlined solid waste site for more than 5 years from the date of publication of these regulations.

RECKONING OF THE 5 YEAR PERIODFrom a reading of the provisions of Section 22 (1) – (3) of the S.I. , the 5 years should be reckoned from 5 January 2007. This means the 5 year period expires in January 2012. A reading of Section 22 (3) also implies that if at the time of the promulgation of the S.I. 6 of 2007, a mine had an unlined solid waste site, then 5 years later, that is by January 2012, they cannot continue with that site, they should instead have built a new one in compliance with S.I. 6/2007.

PENALTIES • Section 22 (4) is a penalty clause which provides that “any person who violates Section 22 (1) and (2) shall be guilty of an offence and liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding one year or to both such fine and such imprisonment”.

• In addition to the fine or imprisonment the site shall be closed until it is lined.

Section 5 (1) of S.I. 6 of 2007

“Subject to section eleven, no person shall dispose of waste or effluent into a public stream or into any other surface water or ground water, whether directly or through drainage or seepage, except under a licence”.

Section 22 (5) “Classification of general waste disposal through a landfill shall be as prescribed in Table 4 of the Third Schedule and the fees shall be as prescribed in the First Schedule”.The Schedules referred to in this instance are schedules to Statutory Instrument 6/2007

Classification of solid waste sites-suggested factors

CLASSIFICATION RISK REASONS FOR CLASSIFICATION Blue Safe Impermeable substrate; leachate

controlled and treated; surface sealed;

Green Low hazard As above; leachate meets green standard; Low risk solid waste; contamination but remote site and with limited effects; Blue licence conditions not being met.

Yellow M edium hazard Base permeable; open dump; leachate meets yellow standard; green licence conditions not being met.

Red High hazard No protection; permeable substrate; leachate not controlled; hazardous solid waste; groundwater contaminated; yellow licence conditions not being met.

PUBLIC HEALTH ACT OF ZIMBABWE19 0f 1924

Acts 19/1924, 3/1930, 37/1938 (ss. 3 and 22), 10/1945, 4/1948, 1/1953, 18/1957(Federal), 21/1963, 96/1964, 33/1968, 62/1969, 12/1973 (s. 270), 10/1974; 42/1976 (s. 37), 37/1977 (s. 24),

5/1985, 8/1988 (s. 164), 11/1991 (s. 23), 12/1997 (s. 12) 22/2001 (s. 4); Ord. 6/1980; RGN.s 683/1963, 214/1964, 217/1970, 899/1978.

AN ACT to make provision for the public health

Decision Making Structure

The main decision making institution responsible for solid wastes is the Ministry of Local Government, Rural and Urban Development. Responsibility for handling solid wastes is also shared with local authorities, including municipalities, who are responsible for operating municipal disposal sites.

Capacity Building – Technology IssuesThe Government with donor

support has introduced a capacity building programme for its officers and those from local authorities. Institutions of higher education, such as Universities and Polytechnics, have programmes which build capacity in the areas of solid wastes and sewage.

Stakeholders

•The Government,• Confederation of Zimbabwe Industry•Local authorities,• Department of Water• Local NGO Environmental 2000•Other members of the civil society.

What about Hazardous Waste????

•The Basel Convention on the Control of Trans boundary Movements of Hazardous Wastes and their Disposal•The Basel Convention was signed in 1992 and has not been ratified yet.• The Bamako Convention was ratified in 1993.

Did you know we have hazardous waste in our homes????

Cleaning• Disinfectants• Drain, toilet, and window cleaners • Spot removers• Septic tank, cleaners

Paint• Latex and oil-based paints• Paint thinners, solvents, and strippers • Stains, varnishes, and lacquers• Wood preservatives• Artist paints and inks

General• Dry cell batteries (mercury and cadmium)• Glues and cements

Gardening• Pesticides• Weed killers• Ant and rodent killers• Flea powders

Automotive• fuel • Used motor oil • Antifreeze• Battery acid• Solvents• Brake and transmission fluid• Rust inhibitor and rust remover

How can we effectively deal with hazardous waste????

General Comment….No report has been provided to the Basel Convention Secretariat as the Government is not yet a party to the Convention. The control of hazardous substances use and disposal is regulated by the Hazardous Substances and Articles Control Act administered by the Ministry of Health. Since Rio the following activities have been carried out:

• the enforcement of existing legislation has been strengthened;

• a radiation protection services department has been established;

• a Hazardous Substances Control Advisory Board has been instituted and various sub-committees formed;

• hazardous waste management regulations have been introduced and national guidelines for the disposal of hazardous waste developed for local authorities.

Programmes Initiated – Work in progress……..

• Encouraging the industrial sector to treat, recycle, re-use and dispose of hazardous wastes at the source of generation, when its generation is unavoidable and when it is economically and environmentally efficient. This is being done through meetings of the Industrial Chemicals Association.

• Development of draft regulations, currently being reviewed, by the Hazardous Substance Unit in the Ministry of Health and Child Welfare which lay down the responsibility of industries for environmentally sound disposal of hazardous wastes generated by their activities.

• Development of draft guidelines and methodologies for the characterization and classification by the Hazardous Substance Unit in the Ministry of Health and Child Welfare. These are currently being reviewed.

• Development of draft legislation to prevent the illegal import and export of wastes. The legislation is currently being developed.

Decision Making – Hazardous Waste???The Hazardous Substance Unit

in the Ministry of Health and Child Welfare is responsible for the control of hazardous substances. The Unit focuses on the impact on human health. The Ministry of Environment and Tourism assesses the impacts on natural resources through the Natural Resources Act.

Capacity Building – Technology Issues – Hazardous

Waste???Capacity building and technology issues are addressed by the Hazardous Substance Unit in conjunction with the private sector. The Cleaner Production Centre in the Scientific Industrial Development Research Centre is also addressing these issues. Officers in the Hazardous Substances Control Unit attend courses at the International Atomic Energy Agency.

International Law• International law includes agreements related to international transport and disposal of hazardous waste:

• Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Basel, 1989.

• Convention on Civil Liability for Damage Caused during Carriage of Dangerous Goods by Road, Rail, and Inland Navigation Vessels (CRTD), Geneva, 1989.

• Convention on the ban of the Import into Africa and the Control of Transboundary Movements and Management of Hazardous Wastes within Africa, Bamako, 1991.

• Convention on the Transboundary Effects of Industrial Accidents, Helsinki, 1992.• Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Rotterdam, 1998.

• European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (AND), Geneva, 2000.

• European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), Geneva, 1957.

• FAO International Code of Conduct on the distribution and use of Pesticides, Rome, 1985.• Stockholm Convention Stockholm Convention on Persistent Organic Pollutants Stockholm, 2001.

• Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region, Waigani, 1995.

• Minamata Convention on Mercury, Minamata 2013.

ChinaChina RoHS (Restriction of Hazardous Substances), officially known as Administrative Measure on the Control of Pollution Caused by Electronic Information Products is a Chinese government regulation to control certain materials, including lead. All items shipped to China now have to be marked as to whether the items contained in the box are compliant or non-compliant. The Electronic Information Products (EIP) logo or other label is used to mark parts and assemblies that do not contain unacceptable amounts of substances identified by the regulations, and that are environmentally safe. Units that do contain hazardous substances are marked with the EIP logo including an Environment Friendly Use Period (EFUP) value in years.

European Union• Battery Directive• Landfill Directive• Waste Framework Directive• Waste Incineration Directive• WEEE Directive• Hazardous Waste Regulations (2005), revised 2009

• Duty of Care regulations, transposed into the Waste (England and Wales) Regulations 2011

United KingdomUK waste legislation is derived predominantly from EU governance and transposed into UK law via Statutory Instruments.• Animal By-Products Regulations (ABPR)• Best practicable environmental option (BPEO)• Certificate of Technical Competence (COTC)• Control of Pollution Act• Environment Act 1995• Environmental Impact Assessment• Environmental Protection Act• Landfill Allowance Trading Scheme (LATS)• Landfill in the UK• Landfill tax• Landfill tax regulations• Statutory recycling targets• Waste Management Licensing Regulations

United Sates of America• Resource Conservation and Recovery Act (RCRA) - One of the main pieces of Legislation regarding municipal solid waste, hazardous wastes, and disposal issues.

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) "Superfund"

• Medical Waste Tracking Act• National Environmental Policy Act (NEPA) - Established the Environmental Protection Agency, set out requirements for Environmental Impact Reporting for various kinds of development.

Regulatory bodies include:• United States Environmental Protection Agency (EPA) - regulates generation and disposal of hazardous waste

• United States Department of Transportation (DOT) - regulates transportation of hazardous waste

• Nuclear Regulatory Commission (NRC) - regulates nuclear waste

Desirability - Landfill Operation: Machinery,

Management and Misconceptions-…..

Landfill operators tread a fine line. They have to maximize operation efficiency with the least cost while also ensuring worker safety and promoting a positive public perception of the site. Understanding the importance of compaction, properly managing site operation, and choosing the right equipment are all indispensable for the job.

Modern Landfill Management• the importance of

achieving high waste compaction densities

• the vital role management plays in running a modern sanitary landfill

• choosing the best equipment to accomplish the task.

Achieving high waste compaction densities is fundamental to managing a modern sanitary landfill. High compaction density is the means by which owners maximize the return on their infrastructure investment. The infrastructure investment is fixed and the incremental operating costs of achieving high densities are small relative to the additional volume and revenue the site can accommodate. Good compaction improves safety by providing a stable surface upon which the machinery and people work. A dense waste mass also reduces the major nuisance factors of vectors (rodents), odour, blowing paper and surface-water contamination

High Waste Compaction Density

Multiple Compactor Passes

Waste becomes compacted when a force (the weight and motion of the compactor) moves over it, crushing out the air voids, shredding the material and binding it to other waste. By running over the waste in one direction - one machine pass - and returning along the same tracks - a second pass - waste rebound is minimized as the structure of the waste breaks down. This action degrades the waste, improving compaction. Most operators will move over by one wheel width (right or left) and continue to compact across the new layer. This technique assures total coverage of the new layer with four machine passes. To make sure you are achieving the best possible compaction, adopt an attitude of ‘keep moving’.

Operate in PatternsTo achieve uniform compaction, operators should operate the machines in a defined ‘pattern’. A pattern is defined as a ‘set sequence of operations’. This set sequence, either individually or as a team, should cover the entire area before adding a new layer. This organized approach helps reduce confusion and cycle times while yielding more complete compaction and the reduced risk of soft spots.

Public Misconception!!!!

Most people tend to focus their attention on more pleasant endeavours than waste management, which is often perceived as distasteful. This stance can be instantly changed, however, when plans are announced to site a new landfill or expand an existing landfill somewhere in the country. The notice serves as a trumpet call, rallying otherwise docile and amiable individuals to mortal combat against a supposed evil and deceitful enemy. Thus the ‘B.A.N.A.N.A’ concept (Build Absolutely Nothing, Anywhere Near Nobody) is born.

End of Presentation

Thank you for

Listening!!!

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