Chapter III
REGISTRATION OF HAZARDOUS WASTE SOURCE OWNER; PROCEDURES FOR ISSUANCE, REISSUANCE, AND ADJUSTMENT OF LICENSE FOR HAZARDOUS WASTE TREATMENT
Section 1: REGISTRATION OF HAZARDOUS WASTE SOURCE OWNER
Article 12. Applicants for registration of hazardous waste source owner
1. Any business establishment that generates hazardous wastes must apply for registration of hazardous waste source owner with the Department of Natural Resources and Environment of the province where hazardous wastes are generated.
2. Rules for identification of hazardous waste source owners:
a) The identification of the hazardous waste source owner for registration and management of hazardous wastes depends on the place where hazardous wastes are generated;
b) Any business establishment that generates hazardous wastes outside its premises shall has an agreement with the entity in charge of the place where hazardous wastes are generated on which of them will apply for registration of hazardous waste source owner, unless hazardous wastes are generated because of an accident or force majeure event;
c) The hazardous waste source owner may register all facilities that generate hazardous wastes he/she owns or manage within a province, or select a point to register linear facilities that generate hazardous wastes within a province.
3. The following entities are only required to submit periodic reports on hazardous waste management instead of applying for the register of hazardous waste source owner:
a) Facilities that have operated for less than 01 year;
b) Facilities whose regular or annual production of hazardous wastes does not exceed 600 kg/year, except for hazardous wastes on the list of persistent organic pollutants (POP) in Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as Stockholm Convention)
c) Offshore oilrigs.
Article 13. Documents for registration of hazardous waste source owner
1. Documents for registration of hazardous waste source owner include:
a) The application form provided in Appendix 6 (A) enclosed herewith;
b) 01 copy of the Certificate of Business registration or an equivalent paper;
c) Documents for registration of reuse, recycle, treatment of hazardous wastes, or use of hazardous wastes for energy production are specified in Point 5.1; the application form is provided in Appendix 6 (A) of this Circular.
2. Documents in the case of registration of hazardous waste source owner mentioned in Clause 3 of Article 12 are replaced with reports (the form is provided in Appendix 4 (A) enclosed herewith).
Article 14. Procedures for registration of hazardous waste source owner
1. Documents for registration of hazardous waste source owner include:
a) Hazardous waste source owner (except for the entities mentioned in Clause 3 Article 12 of this Circular) shall compile 01 application and submit it to Departments of Natural Resources and Environment of the province where hazardous wastes are generated, whether directly or by post;
b) The Department of Natural Resources and Environment shall examine the completeness and legitimacy of the application. If the application is not complete or not legitimate, within 05 working days, the Department of Natural Resources and Environment shall request the hazardous waste source owner to complete the application;
c) After submitting the application as prescribed in Point a of this Clause, the registration is considered completed when the applicant receives a confirmation from the Department of Natural Resources and Environment or a postal unit (in case the application is sent by post), unless the Department of Natural Resources and Environment makes a request for completion of the application according to Point b of this Clause. The confirmation mentioned can be temporarily used instead of the register of hazardous waste source owner while awaiting the issuance of the register.
2. Within 15 working days from the receipt of the complete and legitimate application, the Department of Natural Resources and Environment shall consider issuing the register of hazardous waste source owner, except for the case in Clause 3 of this Article.
3. If the hazardous waste source owner reuses, recycles, treats hazardous wastes, or use hazardous wastes for energy production within the facility where hazardous wastes are generated, the time limit for issuing the register is 30 working days from the day on which the complete and legitimate application is received.
a) The Department of Natural Resources and Environment shall carry out an inspection at the facility within 15 working days from the receipt of the complete and legitimate application. The maximum duration of the an inspection is 02 working days;
b) Within 15 working days from the end of the inspection, the Department of Natural Resources and Environment shall issue the register of hazardous waste source owner (the form is provided in Appendix 6 (B) enclosed herewith) with 01 registration number according to Appendix 7 enclosed herewith. If conditions for issuance of the register of hazardous waste source owner are not satisfied, the Department of Natural Resources and Environment shall make a written notice and provide explanation. The hazardous waste source owner shall revise and resubmit the application according to the notice of the Department of Natural Resources and Environment. The time for revision of the application is not included in the time limit for issuing the register.
4. In case of exemption from registration for the register of hazardous waste source owner mentioned in Clause 3 Article 12 of this Circular:
a) The hazardous waste source owner shall make the first report on hazardous waste management (the form is provided in Appendix 4 (A) enclosed herewith) and submit it to the Department of Natural Resources and Environment, whether directly or by post;
b) The Department of Natural Resources and Environment shall issue a confirmation as soon as the report is received. This confirmation (or a confirmation of the postal unit) and a copy of the firs report on hazardous waste management has the same value as the register of hazardous waste source owner.
Article 15. Reissuance of register of hazardous waste source owner
1. The hazardous waste source owner mentioned in Clause 2 Article 6 of Decree No. 38/2015/ND-CP must apply for reissuance of the register of hazardous waste source owner.
2. An application for reissuance of the register consists of:
a) The application form provided in Appendix 6 (A) enclosed herewith;
b) Documents related to the changes compared to the first application.
3. Procedures for reissuance of the register of hazardous waste source owner are the same as those prescribed in Clauses 1 to 3 are 14 of this Circular.
4. The ordinance number of the reissued register will follow the previous register.
Section 2: PROCEDURES FOR ISSUANCE, REISSUANCE, AND ADJUSTMENT OF LICENSE FOR HAZARDOUS WASTE TREATMENT; REVOCATOIN OF LICENSE FOR HAZARDOUS WASTE TREATMENT OR LICENSE FOR HAZARDOUS WASTE MANAGEMENT
Article 16. Application for the license for hazardous waste treatment
1. An application form provided in Appendix 5 (A.1) enclosed herewith.
2. 01 copy of the report on assessment of environmental impact of the waste treatment facility project that is approved by the Ministry of Natural Resources and Environment, or substitute documents mentioned in Appendix 5 (B.1) enclosed herewith.
3. 01 copy of the document about planning for management and treatment of wastes approved by a provincial agency.
4. Legal documents about the transit station (if any) in Appendix 5 (B.1) enclosed herewith.
5. Descriptions and documents in Appendix 5 (B.1) enclosed herewith.
6. The plan for test running the hazardous waste treatment facility (hereinafter referred to as test run plan) in Appendix 5 (C) enclosed herewith. The test run plan shall be bound into a book and filed in the application.
Article 17. Procedures for issuance of license for hazardous waste treatment
1. Each applicant shall submit 02 sets of application prescribed in Article 16 of this Circular to the licensing authority. The applicant may decide whether to submit 02 copies of the test run plan when submitting the application or later. If the application is not complete or not legitimate, within 10 working days, the competent agencies shall request the applicant in writing to complete the application.
2. Within 20 working days from the receipt of the complete and legitimate application, the licensing authority shall consider and issue a written approval for the test run plan in the following order:
a) Within 10 working days from the day on which the application is examined as prescribed in Clause 1 of this Article (or from the receipt of the test run plan if it is submitted after the deadline for examining the application), the licensing authority shall send the applicant a notice if the documents are not complete or not appropriate for the hazardous waste treatment facility;
b) Within 10 working days from the day on which the test run plan is examined, the licensing authority shall issue a written approval (the form is provided in Appendix 5 (D) enclosed herewith) for an test run period not exceeding 06 months (enclosed with 01 copy of the test run plan bearing the seal of the licensing authority).
3. After receiving the approval from the licensing authority, the applicant shall test run the hazardous waste treatment system as follows:
a) Start collecting, transporting, or receiving hazardous wastes to test run the hazardous waste treatment system;
b) Take samples for environmental monitoring at least 03 different times. Only take samples for environmental monitoring when the systems and equipment are running at their peak. If necessary, the licensing authority shall carry out a surprise inspection at the facility and take samples during the test run of the hazardous waste treatment system;
c) If the test run period needs to be extended, the applicant shall sent an explanation to the licensing authority within 15 working days before the expiration date written on the written approval. Only 01 extension shall be granted except for force majeure events;
d) If environmental pollution is likely to exceed technical regulations without remedial measures, the systems and equipment must be suspended to work out a solution and submit a report to the licensing authority before the plan can be resumed.
4. After the test run is completed, the applicant shall submit a report on test run result as follows:
a) Submit 02 copies of the report on test run result (the form is provided in Appendix 5 (D) enclosed herewith) to the licensing authority. If no report, request for extension, or explanation is sent to the licensing authority within 06 months from the day on which the written request is issued, the applicant must register the test run again;
If the test run result does not meet technical regulations or the report is not complete, within 10 days from the receipt of the report on test run result, the licensing authority shall request the applicant to complete the report or test run again.
5. Seeking opinions from the Department of Natural Resources and Environment of the province where the hazardous waste treatment facility is located:
a) The licensing authority shall seek opinions from the Department of Natural Resources and Environment of the province where the hazardous waste treatment facility is located not later than the time the approval for test run is issued by the licensing authority;
b) The Department of Natural Resources and Environment shall make a written response within 30 days from the day on which the licensing authority’s request is received; provide explanation for disproval (if any).
6. Within 25 working days from the receipt of the report on test run result and the response from the Department of Natural Resources and Environment, the licensing authority shall carry out an inspection at the hazardous waste treatment facility and transit station (if any), then perform on one of the tasks below to assess fulfillment of conditions and issue the license for hazardous waste treatment:
a) Establish an engineering consultancy group which consists of experts in the environment field and relevant fields;
b) Seek opinions from experts or relevant entities.
7. If the conditions, technical requirements, and management procedures are not satisfied, the licensing authority shall send a written notice (separately or written on the inspection record prescribed in Clause 6 of this Article) to the applicant for the applicant to make changes or provide explanation.
8. Within 20 working days from the receipt of the satisfactory application, the licensing authority shall consider issuing the license for hazardous waste treatment.
9. License for hazardous waste treatment:
a) There will be 02 copies of the license for hazardous waste treatment (the template is provided in Appendix 5 (E) enclosed herewith): 01 copy is submitted to the owner of hazardous waste treatment facility report, whether directly or by post; the other is kept by the licensing authority;
b) The license for hazardous waste treatment is effective for 03 years from the issuance date, provided it is kept together with the application bearing the seal of the licensing authority.
c) Each license for hazardous waste treatment has 01 number according to Appendix 7 enclosed herewith.
10. While following procedures, if the applicant does not return the application or does not provide an acceptable explanation in writing as prescribed within 06 months, the application shall be processed again.
Article 18. Issuance of license for hazardous waste treatment
1. Cases of reissuance of the license for hazardous waste treatment prescribed in Clause 1 Article 11 of Decree No. 38/2015/ND-CP.
2. An application for reissuance of the license for hazardous waste treatment consists of:
a) An application form provided in Appendix 5 (A.2) enclosed herewith;
b) Reports, copies of inspection records according to Appendix 5 (B.2) enclosed herewith).
3. Procedures for reissuance of the license for hazardous waste treatment
a) The application for reissuance of the license for hazardous waste treatment shall be submitted at least 03 months before the expiration date of the license or within 01 months from the day on which the license is found damaged or lost;
b) Within 20 working days from the receipt of the satisfactory application prescribed in Clause 2 of this Article, the licensing authority shall consider reissuing the license for hazardous waste treatment. If necessary, the licensing authority shall seek opinions from the Department of Natural Resources and Environment of the province where the hazardous waste treatment facility is located as prescribed in Clause 5 Article 18 of this Circular and carry out an inspection at the facility.
4. If adjustments are made, documents and procedures shall comply with regulations on license adjustment in Article 19 of this Circular. In case of reissuance prescribed in Point b Clause 1 Article 13 of Decree No. 38/2015/ND-CP when adjustments are made, documents and procedures shall comply with Article 17 of this Circular.
Article 19. Adjustments to the license for hazardous waste treatment
1. Cases of adjustments to the license for hazardous waste treatment are prescribed in Clause 2 Article 11 of Decree No. 38/2015/ND-CP.
2. An application for adjustments to the license for hazardous waste treatment consists of:
a) An application form provided in Appendix 5 (A.1) enclosed herewith;
b) Documents about the adjustments (if any);
c) Explanation for the adjustments, reports, copies of inspection records according to Appendix 5 (B.3) enclosed herewith;
d) The test run plan according to Appendix 5 (C) enclosed herewith if there are additional systems or equipment that need test running.
3. Licenses for hazardous waste treatment shall be adjusted under the procedures in Article 17 of this Circular. If necessary, the licensing authority shall seek opinions from the Department of Natural Resources and Environment prescribed Clause 5 Article 17 of this Circular.
4. Cases in which test run is not required:
a) Change or addition of operating area (not including relocation of the treatment facility);
b) Change of locations, quantity of transit stations;
c) Changes/addition of: systems, vehicles, equipment serving the packaging, preservation, storage, transport, transit, preliminary treatment of hazardous wastes; systems, equipment for treatment of hazardous wastes without causing negative impact to the environment;
d) Addition of hazardous wastes with similar characteristics and treatment methods to the hazardous wastes or groups hazardous wastes that have been tested and licensed.
e) Increase of quantity, volume of licensed hazardous wastes.
5. The adjusted license for hazardous waste treatment shall be issued in one of the following manners:
a) Replace the previous license with the effective period of 03 years from the issuance date;
b) Issue an appendix to the existing license for hazardous waste treatment which specifies the adjustments. In this case, the effective period of the existing period shall remain unchanged.
Article 20. Integration and replacement of some procedures for licensing hazardous waste treatment
1. The following procedures are integrated and replaced with procedures for issuance of the license for hazardous waste treatment:
a) Inspection, certification of completion of environmental protection works according to reports; inspection of environmental protection works according to detailed environmental protection plans (or similar documents) of projects having hazardous waste treatment works;
b) Certification of fulfillment of environmental protection requirements facilities treating domestic solid wastes or common industrial solid wastes in case the hazardous waste treatment facility combines treatment of domestic solid wastes and common industrial solid waste (including treatment using shared systems/equipment or separate systems/equipment).
2. With regard to hazardous waste treatment facilities that combine treatment of domestic solid wastes and common industrial solid wastes, obtained licenses according to regulations promulgated before the effective date of this Circular, have undergone inspections, and obtain certification of completion of environmental protection works serving treatment of domestic solid wastes, common industrial solid wastes before June 15, 2015, that wish to obtain certification of environmental safety of the waste treatment facility shall follow procedures in Clause 4 Article 18 of this Circular.
Article 21. Revocation of license for hazardous waste treatment or license for hazardous waste management
1. The license for hazardous waste treatment or license for hazardous waste management shall be revoked in the following cases:
a) Violations against regulations on hazardous waste management, regulations in the license for hazardous waste treatment o license for hazardous waste management that lead to revocation as prescribed by law;
b) The owner of hazardous waste management facility fails to operate after 01 year from the issuance date of the license for hazardous waste treatment, except for force majeure events;
c) The hazardous waste transport/treatment/destruction/management facility shut down hazardous waste operation, goes bankrupt, or is dissolved.
2. The licensing authority shall issue decisions to revoke the licenses they issue and specify the entities whose licenses are revoked, their registration number, date of issue, and reasons for revocation.
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Thông tư 36/2015/TT-BTNMT quản lý chất thải nguy hại (Bản Pdf)
Thông tư 36/2015/TT-BTNMT quản lý chất thải nguy hại (Bản Word)