Chương IV Nghị định 38/2015/NĐ-CP: Quản lý chất thải rắn công nghiệp thông thường

Chapter IV

ORDINARY INDUSTRIAL SOLID WASTE MANAGEMENT

Article 29. Delimitation, classification and storage of ordinary industrial solid wastes

1. Ordinary industrial solid wastes must be delimited, classified separately for hazardous waste, in case of failure to classify, they must be managed under the provisions on hazardous waste.

2. The delimitation, classification and storage of ordinary industrial solid wastes must meet technical requirements and management procedures as prescribed.

Article 30. Responsibilities of ordinary industrial solid waste generators

1. Fulfill responsibility of delimitation, classification, storage of ordinary industrial solid wastes as prescribed in Article 29 of this Decree.

2. Re-use, pre-process, recycle, treat, co-treat, recover energy by themselves or conclude the transfer contracts for functional units to transport, treat ordinary industrial solid waste.

3. Report periodically on the generation, management of ordinary industrial solid waste in periodically environmental monitoring reports.

Article 31. Collection and transportation of ordinary industrial solid wastes

1. The collection, transport and transfer of ordinary industrial solid wastes must not be dropped, caused emission of dust, odor or leakage of water and must meet the technical requirements, process management according to provisions.

2. The hazardous waste treaters that have been licensed hazardous waste treatment shall be allowed to collect and transport ordinary industrial solid wastes.

3. Organizations and individuals collecting and transporting ordinary industrial solid waste shall transfer the waste to ordinary industrial solid waste treatment facilities allowed to operate as prescribed by law.

Article 32. Environmental protection requirements for ordinary industrial solid waste treatment facilities

1. There are reports on environmental impact assessment approved by competent agencies for investment project of waste treatment facility.

2. There are treatment systems and device (including pre-processing, recycling, co-treatment, recovery of energy), packaging, storage equipment, temporary storage or transit areas, transport means (if any) meeting technical requirements and management procedures as prescribed.

3. There are the environmental protection projects in waste treatment facilities meeting technical requirements and management procedures as prescribed.

4. There are programs of environmental management and monitoring.

5. Ordinary industrial solid waste treatment facilities must be certified by competent agencies meeting environmental protection requirements prior to official operation of ordinary industrial solid waste treatment.

6. Prior to test operation, the daily-life solid waste treaters must report to competent agencies for confirmation of meeting environmental protection requirements for daily-life solid waste treatment facilities on the test operation plan. Time for test operation of ordinary industrial solid waste treatment shall be within 06 (six) months.

7. The Ministry of Natural Resources and Environment shall certify or adjust the certification of meeting environmental protection requirements for:

a) Ordinary industrial solid waste treatment facilities of which reports on environmental impact assessment are approved by the Ministry of Natural Resources and Environment;

b) Ordinary industrial solid waste treatment facilities receiving the treatment from the waste generation sources in the inter-provincial areas;

c) Ordinary industrial solid waste treatment facilities associated with hazardous waste treatment (replaced by the License for hazardous waste treatment).

8. The provincial People’s Committees shall certify or adjust the certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities under the approval competence of reports on environmental impact assessment and the facilities only receiving treatment from the generators in the provincial areas.

9. The time for submission of registration application for certification of meeting environmental protection requirements for ordinary industrial solid waste treatment shall be as follows:

a) Projects approved environmental impact reports shall be within 06 (six) months from the date of commencement of trial operation;

b) For projects that have many stages, registration application for certification of meeting environmental protection requirements shall be submitted for ordinary industrial solid waste treatment facilities for each stage of the projects .

10. In case ordinary industrial solid waste treatment facilities have changes in size, capacity, technology, they must submit an application for adjustment of the certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities and request competent agencies for consideration and adjustment of the certification as prescribed.

11. The certification of meeting environmental protection requirements as defined in this Article shall not be applied to the following cases:

a) Ordinary industrial solid waste treatment facilities that have been put into normal operation and certified completion of environmental protection works as prescribed before this Decree takes effect;

b) Re-use of ordinary industrial solid wastes;

c) Self-preprocessing, reuse, recycling, co-treatment, treatment or recover of energy from ordinary industrial solid waste generated internally in the campus of facilities;

d) Research and development of technology for ordinary industrial solid waste treatment in laboratory environment;

12. The conditions stipulated in Paragraph 1 of this Article shall not be applied to the following cases:

a) Production establishments that have been put into operation in accordance with the law wish to add ordinary industrial solid waste co-treatment based on available production technologies without making reports on environmental impact assessment;

b) Waste treatment facilities put into operation in accordance with law wish to renovate and upgrade to more advanced technology to decrease or not to increase bad impact to environment, improve treatment efficiency, save resources and energy without making reports on environmental impact assessment.

Article 33. Responsibilities of ordinary industrial solid waste treaters

1. Make an application for certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities.

2. Have a plan requested competent agencies as defined in Paragraph 7, 8, Article 32 of this Decree for consideration and approval before the operation for cases specified in Paragraph 12 of Article 32;

3. Treat ordinary industrial solid waste in accordance with the area of ​​operation, capacity, type of waste, waste treatment systems and equipment constructed, installed and certified.

4. Fulfill responsibility of hazardous waste generators as prescribed in case hazardous waste is generated from ordinary industrial solid waste treatment facilities.

5. Fully implement contents of certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities and application for certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities enclosed with the Certification content. This application shall be specific bases for environmental management and supervision for the ordinary industrial solid waste treaters;

6. Prepare, use, store and manage reports, records, documents and diaries related to the management of ordinary industrial solid wastes as prescribed, In case ordinary industrial solid waste treaters are also hazardous waste treaters or daily-life solid waste treaters, reports, records, documents and diaries shall be integrated for the management of hazardous wastes or daily-life solid waste and ordinary industrial solid waste.

7. Apply National Standards for Environmental Management Systems (ISO 14001) within 24 (twenty four) months from the date of certification of meeting environmental protection requirements for ordinary industrial waste treatment facilities; or 24 (twenty four) months since this Decree takes effect for facilities which are operating.

8. Make plans for pollution control and environmental remediation, and notify in writing to competent agencies for certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities within 06 (six) months after the termination of operation.

Article 34. Responsibilities of Minister of Natural Resources and Environment in ordinary industrial solid waste management.

1. Accord in state management of ordinary industrial solid waste and issue provisions on:

a) Technical requirements, management process in the classification, storage, transit, transportation, pre-processing, reuse, recycling, co-treatment, treatment and energy recovery from ordinary industrial solid waste; technical requirements, management process related to the environmental protection requirements for ordinary industrial solid waste treatment facilities and fulfilling of responsibility in the operational stage of the ordinary industrial solid waste generators and treaters;

b) Procedures for certification and adjustment of certification of meeting environmental protection requirements for ordinary industrial solid waste treatment facilities;

c) Technical requirements and management process for cases not requesting certification of meeting environmental protection requirements as defined in Paragraph 11 of Article 32 of this Decree and other cases arising in practice.

2. Manage and inspect operation and records, contracts, reports relating to ordinary industrial solid waste treaters within their competence.

3. Formulate and operate the national database of ordinary industrial solid wastes; increase the use of information systems or electronic mail to inform, guide and exchange with organizations and individuals during certification of environmental protection requirements for ordinary industrial solid waste treatment facilities.

4. Implement the contents of ordinary industrial solid waste management serving the formulation and implementation of environmental protection planning as provided for in Article 98 of the Law on Environmental Protection.

Article 35. Responsibilities of provincial People’s Committees in ordinary industrial solid waste management

1. Manage and inspect operation and records, contracts, reports relating to ordinary industrial solid waste treaters certified meeting environmental protection requirements by provincial People’s Committees.

2. Update national database of ordinary industrial solid wastes; increase the use of information systems or electronic mail to inform, guide and exchange with organizations and individuals during certification of environmental protection requirements for ordinary industrial solid waste treatment facilities.

3. Annually prepare statistics, update on the generation and management of ordinary industrial solid waste in the locality and report to the Ministry of Natural Resources and Environment for summary and monitoring; The deadline of reporting is March 31 of following year.

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