legal’frameworkfor’solid’waste’management’in’...
TRANSCRIPT
“Solid Waste Management Company of Georgia” Ltd
Kutaisi 2016
Ministry of Regional Development and Infrastructure of Georgia
Legal Framework for Solid Waste Management in Georgia
ü Terms and Defini-ons ü Current situa-on – exis-ng landfills and dumpsites ü Waste Management -‐ Legal framework ü Waste Management Code -‐ responsible ins-tu-ons and competencies ü Waste Management Code -‐ Competence of the municipali-es ü Na-onal Waste Management Strategy 2016 -‐ 2030
Contents
Presenta-on 1 Legal Framework for Solid Waste Management in Georgia
• Waste -‐ Any substance or item that is disposed of by the owner, intends to dispose or is obliged to dispose; • Waste Management -‐ waste collec-on, temporary storage, transporta-on, recovery and disposal, as well as supervision of these measures and aPercare of disposal area; • Resources -‐ All primary and secondary materials, including waste if its used instead of other primary resources.
Terms and DefiniHons – 3 Key Terms
• Household waste – waste generated by the popula-on; • Municipal waste - household waste also other waste which is similar to household waste by its characteris-cs and composi-on; • Industrial waste; • Medical waste; • Biodegradable waste; • Agricultural waste; • Animal waste; • Specific waste (tyres, baUeries, waste from electric tools and appliances); • Other
Terms and DefiniHons -‐ Types of Waste
Soil Water Air
Current situaHon – illegal landfills
• There exist s-ll a huge number of uncontrolled landfills and dumpsites • Dumped waste poses high risk to health and environment!
არსებული მდგომარეობა
High risk – animals on an illegal landfill or dumpsite
Current situaHon – illegal landfills
Current situaHon -‐ Air polluHon and emissions from illegal landfills
• Carbon Dioxide: resulted from burning of fossil fuel (coal, natural gas, oil), solid waste, trees or wooden products (GHG)
• Methane: resulted from decaying of organic waste at municipal landfills -‐ (GHG)
• Nitric oxide(s): resul-ng from burning of solid waste -‐ (GHG)
• Dust from Asbestos waste • Dust
• Respiratory diseases • Immune system • Skin and mucous -ssues • Central and peripheral nervous system
• Cardiovascular system
Environmental polluHon – risk of health impact
!"#$%!%&'( ბუნებრივად )"*+"
PlasHc boRles -‐ 450 years Aluminium cans – up to 200-‐500 years
Glass – never PlasHc bags – 200 – 1000 years
Natural decomposiHon of waste
Current situaHon – 56 official landfills Ø 56 municipal landfills for household waste are administrated by
three administra-ve bodies
Ø Solid Waste Management Company of Georgia – 53 landfills in 9 regions
Ø Municipality of Tbilisi – landfill close to Lilo
Ø Autonomous Region of Adjara – landfills in Batumi and Kobule-
“Georgia strives to become a country oriented to waste preven-on and recycling”
Na#onal waste management strategy for 2016-‐2030 „
„Development of modern solid waste management system and
construc-on of new sanitary landfills and transfer sta-ons in accordance
with EU environmental and technical standards is of great importance.”
Social-‐economic development strategy of Georgia – “Georgia 2020” ( p. 43)
The state approach regarding waste management
“A treaty or interna-onal agreement shall take precedence over
domes-c norma-ve acts, unless it comes into conflict with the
Cons-tu-on of Georgia“ – ConsHtuHon of Georgia, ArHcle 6
Waste Management – Legal Framework
InternaHonal ConvenHons signed and raHfied by Georgia
• Basel – “Conven-on on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” (1999)
• Stockholm –”Conven-on on Persistent Organic Pollutants“ (POPs) (2007)
• Aarhus – “Conven-on on Access to Informa-on, Public Par-cipa-on in Decision-‐Making and Access to Jus-ce in Environmental MaUers” (2001)
• EU – Georgia AssociaHon Agreement AA (2014)
Legal framework for waste management – InternaHonal convenHons
Challenges / next steps • Need for further transposiHon of EU requirements of the AA and interna-onal conven-ons
into the na-onal legisla-on • Need for full implementaHon of na-onal and interna-onal requirements
Legal framework for waste management – naHonal legislaHon
Waste Management Code
• Overall Legal Framework • Entered into force 15.1.2015
By-‐laws
• 11 by-‐laws regula-ng specific technical details on: types of waste / waste transport / landfill opera-on / repor-ng system / collec-on / separa-on etc.
Laws and by-‐laws
+
Strategies and AcHon Plans
NaHonal Waste Management Strategy
2016 -‐ 2030 • Master Document • Defines objec-ves and
targets for all waste management issues
NaHonal Waste Management AcHon Plan
2016 -‐ 2020 • Defines ac-vi-es,
related deadlines, budget and responsible actors needed to reach objec-ves and targets
Waste Management Plans
• Municipal Waste Management Plans (5 years)
• Company Waste Management Plans (3 years)
• Waste preven-on
• Reduc-on
• Prepara-on for re-‐use
• Recycling
• Other types of recovery,
including energy recovery
• Disposal
Waste Management Code – Hierarchy of waste management
• “Principle of taking precau-onary measures”
• “Polluter pays” principle
• “Proximity Principle”
• ”Principle of Self-‐reliance“
Waste Management Code – Waste management principles
Ø Ministry of Environment and Natural Resource ProtecHon • Regulates transboundary transporta-on of waste together with the Ministry of Finance; • Medical waste management together with the Ministry of Labour, Health and Social affairs; • Animal waste management together with the Ministry of Agriculture;
• Together with the Ministry of Economy and Sustainable Development issues vehicle permission cards for hazardous waste transporta-on;
Waste Management Code – InsHtuHonal arrangement
Ø Ministry of Regional Development and Infrastructure • Constructs, rehabilitates, closes and operates landfills and transfer sta-ons through the Solid Waste Management Company of Georgia;
• Construc-on, opera-on and closure of non-‐hazardous waste landfills
Ø Tbilisi and Adjara a/c
• Collec-on and transporta-on of municipal waste
Ø Local Self Government AuthoriHes / MunicipaliHes
Waste Management Code – Main ParHes Involved in Municipal Waste Management
PopulaHon / Companies • Genera-on of waste
Local self-‐government authoriHes • Collection • Transporta-on
Ministry of Regional Development and Infrastructure/ “Solid waste management company of Georgia” “Tbil-‐service“ “Sanitary PurificaHon
ltd” “Hygiene”
• Landfill management
Ministry of Labour Health and Social affairs
• Development and approval of sanitary and hygienic norms, rules and epidemiological control measures
Ministry of environment and natural resources protecHon
• Development and implementa-on of State Policy
Waste Management Code -‐ The competence of municipaliHes
Ø Organic law of Georgia “Local Self-‐Government Code” (2014) Local Municipality is responsible for: • Collec-on of household waste;
• Cleaning of the area;
• Transporta-on of waste;
Ø Georgian Law on “Local Taxes” (1998), Tax per cubic meter of waste:
• ≤ 3 Gel for popula-on
• ≤ 25 Gel for legal en--es and organiza-ons
Municipal waste management:
• CollecHon and transportaHon of municipal waste to a landfill or transfer sta-on
• Gradual introduc-on of separate collec-on system for municipal waste -‐ 1.02.2019
• Development of municipal Waste Management Plans -‐ 31.12.2017
Waste Management Code -‐ The competence of municipaliHes
The municipality whose territory is liRered with waste is enHtled to: • Require the cleaning of such territory from polluter; • If the polluter cannot be ascertained or reached, the municipality may order
the owner of the liUered area to clean it (in a reasonable period); • If a liUered area is the property of a municipality it shall care of the
cleanup of the concerned area itself. (Ar-cle 8)
Waste Management Code -‐ The competence of municipaliHes
• Carry out control on liUering/pollu-ng the environment with waste within its administra-ve boundaries
• Require the cleaning of such area from polluter/owner of the territory • Determine a territory by a norma-ve act for pollu-ng it with fecal
maUer of a dog or other domes-c animal in small amounts; Each municipality has to determine: • ResidenHal areas without waste collec-on and disposal system, where
physical en--es will not be fined un-l January 15, 2017
Waste Management Code -‐ The competence of municipaliHes
LiUering the environment with municipal waste up to 2 kg. 80 GEL
Same ac-on commiUed from a vehicle (will result in fining a driver of the vehicle and in case of public transport – the violator) 120 GEL
LiUering the environment with up to five tyres (except bicycle tyres) 150 GEL
LiUering the environment with five or more tyres (except bicycle tyres) 500 GEL
LiUering the environment with up to 2 kg of baUeries, accumulators, electric bulbs, electric equipment, graphite electrodes, as well as sharp items, including glass fragments, nails and other similar waste 100 GEL
LiUering the environment with 2 kg or more of the municipal waste (except for the case determined by paragraph 8 of this Ar-cle)
Natural person -‐ 150 GEL Legal en-ty - 500 GEL
LiUering the environment with more than 1 m3 of the municipal waste Natural person - 300 GEL Legal en-ty - 1000 GEL
LiUering the environment (area more than 2 m2) with bulk waste (including motor vehicles, electric and electronic equipment, construc-on equipment and other similar equipment)
Natural person - 500 GEL Legal en-ty - 1500 GEL
Waste Management Code – Fines for LiRering
NaHonal Waste Management Strategy (WMS) 2016 -‐ 2030
9 Main Topics
1. Legisla-on 2. Waste Planning 3. Waste Collec-on and Transport 4. Landfills 5. Preven-on, reuse, recycling and recovery 6. Cost recovery 7. Extended Producers Responsibility (EPR) 8. Waste Data 9. Management capaci-es
• Approved on 1 April 2016 • Is in full accordance with the Waste Management Code and the EU-‐Georgia Associa-on Agreement • Covers all legal, technical, administra-ve, fiscal, human resources and awareness aspects • Guidance document defining long term objecHves and targets
WMS 2016 – 2030: 2. WASTE PLANNING
ObjecHve 2. Waste Management Planning established and implemented naHonally and locally
Target 2.1 First 5 year Municipal Waste Management Plans for all municipali-es developed and approved by 2017
ObjecHve 3. Development and introducHon of effecHve system for waste collecHon and transportaHon
WMS 2016-‐2030 – 3. WASTE COLLECTION AND TRANSPORT
Target 3.1 Modali-es of coopera-on between private and public sector in waste management established by 2020
Target 3.2 Waste collec-on and transporta-on operators competent to meet legal
requirements by 2020
2020 2025 2030
Municipal waste 90% 100% 100%
Hazardous waste 50% 75% 100%
WMS 2016-‐2030 – 3. WASTE COLLECTION AND TRANSPORT
Target 3.3 Achieve the minimum na-onal index for waste collec-on:
Target 4.1 Construc-on of regional landfills according to EU standards by 2025; Rehabilita-on/opera-on of exis-ng landfills, construc-on of separate cells for certain types of waste (asbestos, non-‐hazardous animal waste and etc.);
Target 4.2 Closure of official but unauthorized landfills by 2023;
Target 4.3 Closure of disastrous landfills/ remedia-on by 2020
Target 4.4 Reduce the disposal of biodegradable waste to landfills by 2025
WMS 2016-‐2030 – 4. LANDFILLS
ObjecHve 4. Disposal of waste while ensuring safety for human health and environment
ObjecHve 5. Preven-on, re-‐use, recycling and/or recovery of waste
2020 2025 2030 Paper 30% 50% 80% Glass 20% 50% 80% Metal 70% 80% 90% Plas-c 30% 50% 80%
WMS 2016-‐2030 – 5. PREVENTION, RE-‐USE , RECYCLING, RECOVERY
Target 5.2 Na-onal minimum targets for the waste to be recycled:
Target 5.1 Source separa-on for paper, glass, metal and plas-c established by 2025
ObjecHve 6. Full recovery of waste management costs based on "the polluter pays" principle
WMS 2016-‐2030 – 6. COST RECOVERY
Target 6.1 For each municipality, develop and implement a system for recovering full waste management costs from popula-on by 2030
Target 6.2 Develop and implement a system for recovering full waste management
costsfrom private sector by 2025
Target 9.1 Capaci-es of the MENRP and other relevant na-onal ins-tu-ons strengthened by 2020
Target 9.2 Capaci-es of the Municipali-es strengthened by 2020 Target 9.3 Capaci-es of the private sector strengthened by 2020 Target 9.4 Awareness of general public on waste management raised by 2030 The company is involved in implemen-ng PA programs with NGOs ("Orchis", "Greens movement of Georgia" "CENN")
WMS 2016-‐2030 -‐ 9. MANAGEMENT CAPACITIES
ObjecHve 9. Enhance the capaci-es of public sector on local and na-onal levels, promote capacity building of private companies and raise awareness of general public)