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[Unofficial translation]

MINISTERIAL INSTRUCTIONS ON HAZARDOUS WASTE MANAGEMENT

CONTENT                                                                                                                                                         

Chapter I:       Objectives and principles                                              

1.1 Objectives 

1.2 Hazardous waste management principles 

Chapter II: Hazardous waste classification and concentration  

2.1 Hazardous waste classification 

2.2 Identifying toxic and hazardous waste concentration

2.3 Relationship between hazardous wastes 

and toxic chemicals

Chapter III: Obligation for hazardous waste management

3.1 Obligations of government agencies concerned for hazardous waste management.

3.2 Obligations of hazardous waste generators. 

3.3 Obligations of hazardous waste businessmen 

Chapter IV: Hazardous waste or other waste import, export and transit.

4.1 Hazardous waste or other waste importing. 

4.2 Hazardous waste or other waste exporting. 

Chapter V: Monitoring and reporting 

5.1 Monitoring and reporting of hazard waste 

Generation and destruction

Chapter VI: Roles of Natural Resources and Environment Section on hazardous waste management and sanctions against offenders

6.1 Roles of Natural Resources and Environment Section.

6.2 Sanctions against offenders 

Chapter VII:   Final Provision                                                           

7.1    Implementation                                                           

7.2    Entry into force                  

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Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Natural Resources and Environment      No: 0744/MONRE
Vientiane, February 11, 2015

[Unofficial Translation]

MINISTERIAL INSTRUCTIONS ON
HAZARDOUS WASTE MANAGEMENT

- Pursuant to Articles 35, 38, 39 and 40 in Chapter 2 Part III and Articles 78, 79 and 80 in Chapter 1 Part X of the
Environmental Protection Law (Revised) No. 29/NA, dated
December 18, 2012;
- Pursuant to the Government Decree on the Establishment and Function of the Ministry of Natural Resources and Environment No. 435/PM, dated November 28, 2011;
- Pursuant to the Ministerial Agreement on Endorsement and Promulgation of a List of Investment Projects and Activities Required for Conducting Initial Environmental Examination or Environmental Impact Assessment No. 8056/MONRE, dated December 17, 2013;
- Pursuant to the IEE Ministerial Instruction of the Ministry of Natural Resources and Environment No. 8029/MONRE, dated December 17, 2013;
- Pursuant to the EIA Ministerial Instruction of the Ministry of Natural Resources and Environment No. 8030/MONRE, dated December 17, 2013;

The Minister of the Ministry of Natural Resources and Environment issues the following Instructions:

Chapter I
Objectives and principles

1.1     Objectives

To identify hazardous waste classification, and ensure that all stakeholders including those in the public and private sectors who generate hazardous waste and the communities concerned have the same understanding of the details and implementation approaches related to the import, export, transfer, storage, use, recycling and disposal of hazardous waste in the entire country, which aims to prevent and reduce the generation of hazardous waste and operate advance notification regulations and approval procedures by the competent authority as well as the National Focal Point of Basel Convention.

1.2 Hazardous waste management principles

Basic principles of hazardous waste include:

1) Ensure Law Enforcement;

2) Use tools, mechanisms and technical measures in hazardous waste management such as the lowest waste generation
technology or disposal, and consumption and recycling
technology;

3) Control the numbers for import, export, transfer, preservation, consumption, recycling and disposal;

4) Prevent and reduce hazardous waste generation in both quantity and hazard;

5) Ensure the participation of communities;

6) Ensure the existence of hazardous waste treatment and
disposal areas.

Chapter II
Hazardous waste classification and concentration

2.1 Hazardous waste classification

Article 37 of Chapter 3 in Part III of the Environment Protection Law (Revised) has categorized waste into two types:

a) General wastes

b) Toxic and hazardous wastes

Hazardous waste that contains one or more toxic substances or characteristics or releases substances that have corresponding

characteristics are categorized as follows:

1) Explosive

2) Flammable

3) Oxidizing

4) Toxic or harmful to health (acute or chronic, irritating,
carcinogenic, mutagenic)

5) Infectious

6) Corrosive

7) Toxic to the ecosystem (eco-toxic).

Moreover, boxes or containers contaminated with toxic and hazardous chemicals are considered as toxic and hazardous waste.

2.2 Identifying toxic and hazardous waste concentration

Concentration identification of toxicity in waste or toxicity to the ecosystem must operate on a case to case basis with references or scientific information from acceptable laboratories. Toxic components of the waste determined by the highest concentration limits would be identified as toxic and hazardous waste.

Concentration levels or characteristics to determine if waste is classified as hazardous are as follows:

1) Flash point ≤ 55°C,

2) Contains substances classified as very toxic at a total concentration
≥ 0,1 %,

3) Contains substances classified as toxic at a total concentration
≥ 3%,

4) Contains substances classified as harmful at a total concentration ≥ 25 %,

5) Contains corrosive substances classified as causing severe burns, at a total concentration ≥ 1%,

6) Contains corrosive substances classified as causing burns, at a total concentration ≥ 5%,

7) Contains irritant substances classified as causing serious damage to eyes, at a total concentration ≥ 10 %,

8) Contains irritant substances classified as irritating to eyes, respiratory system or skin, at a total concentration ≥ 20 %,

9) Contains substances known to be carcinogenic at a total concentration ≥ 0,1 %

Toxic and hazardous classification and concentration identifying is referred to in the toxic and hazardous waste list in Appendix 1 of the Basel Convention, which is in Appendix 1 of these instructions.

In cases where the waste contains many hazardous chemicals which have similar hazardous characteristics, the concentration will be calculated together.

Contaminated empty containers will be identified as toxic and hazardous waste.

Soil and other substances or objects contaminated with chemicals will be considered as toxic and hazardous waste, except when the owner can guarantee that the concentration is bellowed and classified
by the related organization.

2.3 Relationship between hazardous wastes and toxic chemicals

Meaning of relationship between hazardous wastes and toxic chemicals:

1) Waste from firing fuel, waste water and air pollution control such as ash from coal, oil and wood, waste muffler, waste from surface abrasion and mud from waste water can all be hazardous;

2) Hazardous waste can be recycled;

3) Recycling should focus on businesses that have environment certificates;

4) Environment certificates should have conditions relating to hazardous waste management and recycling, and

5) law enforcement for waste water treatment and air and soil pollution control if generating a high amount of hazardous waste.

Chapter III
Obligation for hazardous waste management

3.1 Obligations of government agencies concerned with hazardous waste management

To implement the prevention and control of scattered hazardous waste transfer and to control import-export and cross-border transfer of hazardous waste, the related government agencies must act as follows:

1) Consider application register and permit for import-export or cross-border transit of hazardous waste from entrepreneurs and destruction services;

Draft contract for import-export or cross-border transit of hazardous waste with entrepreneurs and services by clearly 1) specifying responsibilities of each party;

2) Seek necessary information such as destruction process from entreprenuers and services who need to import-export or cross-border transit hazardous waste to use as reference for filling out forms and transfer certificates;

3) Weigh and inspect, and if necessary sample to ensure the waste is following the notification and contract. After this, the unit concerned must sign the transit certificate and send copies to the local authorities concerned in seven work days;

4) In the case of hazardous waste being destructed
appropriately without any impact to the social system and environment, the concerned units would also sign the transit certificate and send copies to the authorities or countries concerned in 180 work days;

5) Officially inform local or import country units concerned to exporter and/or transit or notified person according to cases on permit, with consideration to transfer with or without conditions or rejection or additional information request;

6) Prohibit hazardous waste in cases of destruction services confirming the waste cannot be destructed in an eco-friendly manner;

7) Specify legal measures to implement import-export and transit control;

8) Specify standards and containment methods by using specific stickers following international standards;

9) Identify the need to have insurance and financial guarantees, and obligation contracts with entreprenuers on hazardous waste according to import-export or transfer requests; and

10) Identify punishment measures for illegal import-export or transit entreprenuers in Lao PDR.

For steps 4 and 5, implement destruction of all hazardous waste imports as issued in Appendix 3 of these instructions.

In cases where the imports and destructed services of hazardous waste are apart, the following must apply:

12) Draft contract between exporter, importer and destructor;

13) While importing hazardous waste, the transit certification must be signed before sending to the destructor.

3.2 Obligations of hazardous waste generators.

To prevent, control and reduce hazardous waste, the generator must do the following:

1) Hazardous generators from the industrial sector must prevent and reduce the quantity and risk of hazardous waste as much as possible by consuming non-toxic resources, clean technologies and the best eco-conditions operations;

2) Hazardous waste must not be diluted or contaminated with other waste or substances while in keeping, or during transport and destruction;

3) Different types of hazardous waste with different treatment procedures must be kept separately without contamination.

4) Hazardous waste generated by both public and private sectors must be kept, labeled and transferred properly according to regulations;

5) It is strictly prohibited to discharge hazardous waste into the environment, general waste landfills, sewer pipes, surface water, ground water or air;

6) It is strictly prohibited to burn waste in open areas;

7) Hazardous waste generators must be responsible for the preparation of environmentally friendly management,
excluding hazardous wastes from households;

8) Hazardous waste must be sent only to an entrepreneur who has the related ECC in consuming, recycling, keeping, transporting or final treatment;

9) An institute generator of hazardous waste has the right to destruct, recycle, or operate other actions in their place in cases where the operation has followed the regulations and/or is one of the plans insured in their EIA;

10) Hazardous waste generators must be responsible for all expenditure related to environmental safety management during the keeping and transportation of waste, until it has been sent to entrepreneurs who have environment certificates for treatment and destruction as issued in Appendix 3 of these instructions.

3.3 Obligations of hazardous waste businessmen

Hazard waste transportation entreprenuers or treatment or destruction entrepreneurs must adhere to the following:

1) Monitor and control waste generation, ensure contamination of hazardous waste;

2) Return hazardous waste to the generator if conditions for treatment or destruction are deficient;

1) Preserve memo of waste generation, transfer and transportation for treatment or destruction, and frequently report to the Pollution Control Department, MONRE. Waste transfers must be operated and separated by sub type as mentioned in Appendix 1 of these instructions;

2) Provide official document of receipt related to hazardous waste to transporter, who has an obligation to send the document back to the generator;

3) Hazardous waste transporter must have a proper permit certificate from the organization concerned. Vehicle must be equipped with the necessary tools and be appropriately labeled. Waste generator must inform ahead of transportation time, excluding a little quantity of hazardous waste from households;

4) Final destruction of hazardous waste must be carried out in specific hazardous waste landfills, or in an incinerator with high temperature permitted as in the ECC.

Chapter IV
Hazardous or other waste import, export and transit.

4.1 Hazardous or other waste importing.

In Article 39 of the Environment Protection Law (Amended) issues:

- Hazardous waste imports into Lao PDR are prohibited, excluding cases that have specific permission under Article 68 of the Environment Protection Law (Amended) issues:

- It is prohibited to import, export, transit, sell, collect, consume, recycle or destruct hazardous waste in the area of Lao PDR without permission.

In the case of hazardous or other wastes imported for recycling or for use as fuel, official permission must be obtained from permitted agencies under the National Coordinator of the Basel Convention.

Organizations that are allowed the import license for hazardous or other wastes which are controlled by regulation under the Basel Convention conditions are as follows:

1) Export state must be party to the Basel Convention;

Exporter must provide appropriate information of 1) hazardous waste and specific treatment plan as issued in Appendix 5 of these instructions;

2) Contract between exporter and importer in Lao PDR and receiver providing treatment, reuse, recycling and destruction must have ECC and ensure there is no problem related to environmentally friendly waste management;

3) Importer has an obligation to provide information to exporter and authorized agencies of import and export countries about receipt and destruction of hazardous waste;

4) Maximum limit for multiple import permission is one year, if the waste has similar physical and chemical characteristics of substances by import via the same international inbound custom checkpoint of Lao PDR.

The approval agency can terminate the license at any time if there is a valid reason, such as reliable proof that the hazardous waste would not be managed by an environmentally friendly procedure.

4.2 Hazardous waste or other waste exporting.

Organizations that allow an import license for hazardous

or other wastes which are controlled by regulations under the Basel Convention conditions should act as follows:

1) Import and receiving states must be party to the Basel Convention;

2) Exporters must provide appropriate information about the hazardous waste and have a specific treatment plan as issued in Appendix 5 of these instructions;

3) Contract between importer and exporter in Lao PDR and receiver providing treatment, reuse, recycling and destruction must have ECC and ensure there is no problem related to environmentally friendly waste management;

4) Exporter or transporter has an obligation to inform importer and authorized agencies of import and export countries about receipt and destruction of hazardous waste;

5) Maximum limit for multiple export permission is one year, if the shipping waste has similar physical and chemical characteristics of substances by import via the same international departure custom checkpoint of Lao PDR.

The permit agency can terminate the license at any time if there is reason to believe that the hazardous waste would not be managed by an environmentally friendly procedure.

Chapter V
Monitoring and reporting

5.1    Monitoring and reporting of hazardous waste generation and destruction.

For self-monitoring and reporting of hazardous waste, generators who request the ECC for a project operation as issued by the Ministerial Agreement of Minister of Natural Resources and Environment No. 8056/MoNRE date December 17, 2013 must implement the following:

1) Hazard waste generators have an obligation to record and report their hazardous waste management procedures;

2) Maintain a one year record and send to a permit agency;

3) Recording and reporting should contain information which may not be included in the Environmental and Social Monitoring and Management Plan before receiving the ECC, as follows:

Name and origin of hazardous waste.

· Quantity of hazardous waste in kilograms or tonnes per year;

· Physical characteristics: Solid, liquid, sludge or gas;

· Hazardous waste is mostly organic or inorganic;

· Details of toxic and hazardous characteristics;

· Separation of the hazardous waste as mentioned in the subgrouping in Appendix 1 of these instructions;

· Details about the treatment procedure of the hazardous waste; hazardous waste that will be recycled, incinerated and transported to landfill, kept and treated in arranged places or other managed procedures; and

· name of transport, treatment, recycling or destruction service providers of the hazardous waste as mentioned in the procedures issued in Appendix 3 of these instructions.

Related organizations would develop specific regulations for the monitoring and reporting of hazardous waste.

Chapter VI
Roles of Natural Resources and Environment Section on hazardous waste management
and sanctions against offenders

6.1    Roles of Natural Resources and Environment Section.

MONRE is obliged to adhere to the following mandates and obligations related to hazardous waste:

1) In cooperation with line ministries, to develop the necessary conditions for hazardous waste treatment and destruction according to the procedures in Appendix 3 of these instructions;

2) Coordinate with organizations involved such as public, private and citizens to develop the infrastructures used in hazardous waste management and services;

3) Coordinate at provincial and local levels to develop the necessary conditions for supporting hazardous waste generated from households and public services;

4) Coordinate with the organizations concerned to collect, develop and maintain database of hazardous waste origins and managing procedures;

5) PCD is the hazardous waste import-export and transit permit agency and national focal point of the Basel Convention relating to hazardous waste transit control and Rotterdam Convention on prior notification process of hazardous substances related to hazardous and other wastes under control of Basel Convention.

The Pollution Control Department, Department of Environment and Social Impact Assessment, Natural Resources and Environment Institute and Provincial and Capital Division of Natural Resources and Environment are responsible for the following:

1) Monitor and implement hazardous waste management of hazardous waste generated businesses, including sample collection and analysis;

2) Ensure the hazardous waste generated entrepreneur collects records and reports on hazardous waste generation and management;

Ensure the hazardous waste generated entreprenuer has set up and facilitated equipment for treatment and destruction as mentioned in Appendix 3 of these instructions, which 1) must specify details in the EIA to request an ECC;

2) Ensure the EIA report includes a preliminary study on the IEE which contains the type and quantity of the hazardous waste and proposes a hazard waste management plan;

3) Ensure the essential technical condition specifications for the treatment and destruction of hazardous waste generated by businesses has been included in the ECC to collect records and reports of hazardous waste and an environmentally friendly management process.

Roles and responsibilities of the Division of Provincial and Capital Natural Resources and Environment:

1) Monitor the implementation of hazardous waste management
of SMEs who generate hazardous waste as classified in group 1 in the Ministerial Agreement of Minister of MONRE No. 8056/MONRE date December 17, 2013;

2) Ensure SMEs classified in group 1 in the Ministerial Agreement of Minister of MONRE No. 8056/MONRE date December 17, 2013 who generate hazardous waste collect records and reports of hazardous waste and management measures;

3) Report essential technical conditions for the supplying or treatment areas of hazardous waste to PCD, MONRE to consider the necessity or otherwise of EIA report development;

4) Monitor essential technical conditions for hazardous waste management ensuring non-contamination between hazardous and other wastes;

5) Collect information about the origin of hazardous waste by coordinating with local divisions of industry and commerce and authorities concerned, and report the information annually to PCD, MONRE.

Related other central and local Ministries would develop additional declarations on hazardous waste based on their own responsibilities and consistent with these instructions.

6.2 Sanctions against offenders

If project owners or entrepreneurs generate hazardous waste into the environment during the manufacturing process, MONRE will inform the project owners to complete the development of a hazardous waste management plan in 90 work days and pay a hazardous waste generation fee as issued in specific regulations. In case of non-compliance, the project owners or entrepreneurs will be punished in accordance with Articles 92, 93, 94, 95, 96 and 97 of the Environmental Protection Law (Amended).

Chapter VII
Final Provision

7.1 Implementation

The Ministry of Natural Resources and Environment gives rights to the Pollution Control Department and Capital/Provincial Natural Resources and Environment to collaborate with related local authorities and other sections to effectively disseminate, expand and implement these instructions.

7.2 Entry into force

These instructions enter into force from the date of their signature.

Minister of the Ministry of Natural Resources and Environment
  (Sign and Seal)

Noulinh SINBANDHIT

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