Chapter V
DISPOSAL OF SOLID WASTE
Article 29. Solid waste disposal technologies
1. Technology of incinerating garbage to generate energy.
2. Technology of processing organic fertilizers.
3. Technology of processing biogases.
4. Technology of treating leachate.
5. Technology of reprocessing waste into building materials and products.
6. Technology of reusing useful constituents of waste.
7. Technology for for sanitary landfill of solid waste.
8. Technology for landfill of hazardous solid waste.
9. Other technologies.
Article 30. Selection of solid waste disposal technologies
1. The selection of solid waste disposal technologies shall be based on characteristics and composition of waste and specific conditions of localities.
2. It is encouraged to select complete and advanced technologies for recycle and reuse of waste to create raw materials and generate energy.
3. It is encouraged to apply advanced technologies so as to thoroughly dispose of waste, minimize solid waste volume to be buried, thus saving land used for disposal and ensuring environmental sanitation.
Article 31. Responsibilities of investors in the course of operation
1. Responsibilities:
a. To organize and operate solid waste management facilities according to the contents of their approved projects;
b. To pay taxs and fulfill financial obligations to the State according to law;
c. To take urgent measures to ensure safety for humans and property upon detecting environmental incidents; to organize salvation of humans and property, and promptly notify local administrations or specialized environmental protection bodies in localities where environmental pollutions or incidents occur for coordinated handling;
d. To send official letters to state management agencies in charge of environmental protection notifying the date their landfills are closed or their solid waste disposal facilities terminate operation, in case of closure of those landfills or termination of operation of those facilities;
e. To restore and improve the landscape of areas where their landfills or solid waste disposal facilities are located after the closure of those landfills or termination of operation of those facilities; and at the same time, to take measures to prevent environmental pollution;
f. To complete procedures for handing over land to the State within two years after the closure of landfills or within one year after the termination of operation of solid waste disposal facilities;
g. To observe the environment and monitor environmental changes for at least five years after the closure of landfills or termination of operation of solid waste disposal facilities. To notify environmental observation results to local state management agencies in charge of environmental protection;
h. When the land lease term expires, investors of solid waste disposal facilities and appurtenances shall ask state management agencies for an extension of the land lease term if they wish to continue their operation.
2. Benefits:
a. To enjoy the State’s support and preferences provided for in Clause 2, Article 14 of this Decree and other laws;
b. To be given priority in exploiting and using landfills after their closure and solid waste disposal facilities and appurtenances after terminating their operation.
Article 32. Responsibilities of solid waste diposal facility owners
1. Solid waste disposal facility owners may operate their facilities only when:
a. The work items of investment projects on building solid waste disposal facilities are completed, tested, accepted and put into operation according to the law on construction investment;
b. There are environmental supervision programs, plans and measures to ensure safety in course of operation;
c. For disposal of hazardous solid waste disposal facilities owners must possess practice licenses for disposal of hazardous solid waste granted by a competent state agency.
2. Responsibilities of solid waste disposal facility owners:
a. To receive and dispose of only types of solid waste stated in the projects from waste generators or collectors or transporters approved by competent authorities;
b. To operate solid waste disposal facilities according to the technological process stated in the projects and evaluated and approved by competent state agencies;
c. To record in writing and archive waste files and send biannual reports to state management agencies in charge of environmental protection;
d. To elaborate plans and programs and devise measures to prevent and respond to environmental incidents;
e. To organize the implementation of environmental supervision programs at their facilities. To send supervision programs and observation results to state management agencies in charge of environmental protection once every six months;
f. To implement labor safety plans in the course of operation and protect the health laborers.
Article 33. Observation of the environmental quality at solid waste disposal facilities.
1. Environmental observation shall be organized at solid waste disposal facilities and appurtenances of different sizes throughout the course of operation and five years after the closure of landfill or terminatioc of operation of facilities. At least once every six months, solid waste disposal facility owners shall conduct environmental observation.
2. Environmental observation shall be conducted for air environment and ecosystem, noise and vibration.
3. Observatories shall be located at typical sports from which environmental developments affected by solid waste disposal facilities can be observed. The observation position and frequency shall be indicated in environmental impact assessment reports evaluated and approved by a competent state agency.
4. Report on environmental observation results shall be sent to local state management agencies in charge of environmental protection.
Article 34. Restoration and reuse of ground areas after the closure of landfills or termination of operation of solid waste disposal facilities.
1. The restoration and reuse of ground areas after the closure of landfills or termination of operation of solid waste disposal facilities must satisfy the following requirements:
a. Survey and assessment of relevant environmental elements are conducted before ground areas are reused;
b. Leachate and waste gases are normally treated pending the reuse of ground areas of landfill;
c. Environmental changes shall be monitored at observatories after the closure of landfills and termination of operation of solid waste disposal facilities;
d. Topographical maps of ground areas shall be made after the closure of landfills and termination of operation of solid waste disposal facilities;
e. Measures to control the environment for subsequent years are proposed;
f. Dossiers on handover of ground areas to competent state agencies for continued management and use are made;
g. Upon reuse of ground areas of landfills, before holes for gas collection are carefully checked. Only when the presure at these holes is less tan 5% higher or lower than the atmospheric presure and the gas concentration, can the ground leveling be conducted.
2. Procedures for closure of solid waste landfills, termination of disposal operation and conversion of the land use purpose:
a. Restoring and improving environmental landscape in solid waste disposal areas and landfills;
b. Within six months after the closure of landfills, investors of solid waste disposal facilities shall report to state management agencies in charges of environmental protection on the actual state of those landfills and appurtenances. Such a report shall be made by a professionally qualified organization and must contain the follwing:
- The actual operation state, efficiency and operration capacity of all works in the landfill, including cutoff system, leachate collection and treatment system, groud and underground water management system, gas collection system, underground water quality control system, etc…;
- Results of observation of the quality of leachate from the ladfill into the environment, underground water quality and environment;
- Compliance with current regulations as well as restoration and improvement of landscape in the landfill site. The report must clearly identify failures to comply with current regulations and propose handling messures;
- Drawings of the actual state of the solid waste disposal facility and landfill.
c. After landfills are closed, humans and animals are not allowed to freele enter those landfills, especially on their tops where gases are concentrated; and there must be signboards and safety intructions in these landfills.
3. Before handing over ground areas to competent agencies, investors of solid waste disposal facilities shall make and send archival dossiers to local archive aencies according to legal provisions on archive. An archival dossier contains:
a. Documents on geo-technical measurement and survey;
b. The whole construction investment project dossier, completion drawings of construction items of the solid waste disposal facility;
c. Books and records for monitoring the receipt and disposal of solid waste throughout the course of operation;
d. Periodical reports on environmental supervision;
e. Plan on the closure of the landfill and the termination of operation of the facility;
f. Plan on environmental protection;
g. Plan on observation and monitoring of quality of the environment;
h. Report on results of assessment of the actual state of the environment at the solid wasrte disposal facility at the time of closure and operation termination;
k. Other relevant documents.
4. The Ministry of Construction shall assume the prime responsilility for, and coordinate with the Ministry of Natural Resources and Environment in, guiding the restoration and reuse of ground areas, conversion of the land use purpose and environmental observation of solid waste disposal facilities after their operation is terminated.
Tìm kiếm
Nghị định 59/2007/NĐ-CP (Bản Word)