Thông tư 13/2007/TT-BXD

CIRCULAR

PROVIDING GUIDANCE ON A NUMBER OF ARTICLES OF DECREE NO. 59/2007/ND-CP DATED 09/4/2007 BY THE GOVERNMENT ON SOLID WASTE MANAGEMENT

Pursuant to Decree No. 36/2003/ND-CP dated 04/4/2003 by the Prime Minister defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 59/2007/ND-CP dated 09/4/2007 by the Government on solid waste management;

This Circular provides for guidance on a number of articles on master plan for solid waste management, master plan for construction of solid waste treatment works, restoration and reuse of solid waste treatment facilities after their shutdown and establishment and management of estimate for solid waste that are prescribed in Articles 7, 8 ,9, 10, 34, 35 and 37 of Decree No. 59/2007/ND-CP dated 09/4/2007 by the Government on solid waste management as follows:

1. MASTER PLANS FOR SOLID WASTE MANAGEMENT

1. The master plan for solid waste management specified in clause 1 Article 7 of Decree No. 59/2007/ND-CP can be construed as follows:

a. Master plan for solid waste management is a master Plan of the construction field, including the inspection, survey and forecasting of sources and total volume of conventional and hazardous solid wastes to be generated, determination of locations and scales of transit stations, scope of collection and transportation; determination of locations and scales of solid waste collection and treatment facilities, development of plans and resources for thorough treatment of solid wastes;

b. Planning for solid waste management includes inter-provincial master plans and provincial master plans. The master plan for solid waste management of inter-provincial regions shall be applicable to urban areas, industrial zones, economic zones, tourism zones, historical – cultural zones with interregional meaning, forming the motivation for regional development;

c. Master plan for solid waste management shall be established for 10-year or 20-year period or longer depending on the construction master plan.

2. Documents about master plan for solid waste management prescribed in clause 2 Article 7 include:

2.1. Description:

a. Assessment of current conditions:

- Current conditions of the sources and amount of solid waste generated from urban areas, industrial production establishments, trade villages, business establishments, service providers, cultural-historical remains, tourism zones; components, characteristics and total amount of conventional and hazardous solid wastes;

- Ratio of solid waste collection and classification; means and methods for collection; locations and scales of transit stations and solid waste treatment facilities; assessment of solid waste treatment technology;

- Current conditions of infrastructure relating to the collection, transport and treatment of solid wastes;

b. Description and forecast about the sources and amount of conventional and hazardous solid wastes depending on the current conditions of construction master plan and other interdisciplinary master plan;

c. Assessment of capability of classification, recycling and reuse of conventional solid wastes generated from daily activities, industrial production and service;

d. A description of the selection, locations and scales of solid waste transit stations; locations and scales of solid waste treatment facilities; solid waste receiving scale of treatment facilities; methods for collecting solid waste (using mechanical equipment and other rudimentary equipment, etc.)  When determining locations and scales of transit station and solid waste treatment facilities, a description shall be made according to the construction master plan that is approved (if any). Regarding solid waste treatment facilities, there shall be a description about the capability of scale expansion.

dd. Proposal of appropriate technology for treating conventional and hazardous solid wastes to dispose thoroughly solid wastes, avoid burial of waste, ensuring environmental hygiene;

e. Establishment of plans and human resources for making adequate statistics and disposing thoroughly all types of solid wastes. When the human resources for carrying out the master plan are determined, a description of funding from local budget, central budget and other funding from the public involvement of solid waste management shall be made.

g. Conclusions and suggestions.

2.2. Drawing:

a. Current locations of generation sources, statistics of amount of conventional and hazardous solid wastes;

b) Current conditions of collection areas, current conditions of locations and scales of transit stations, current conditions of locations, scales and technology of solid waste treatment facilities;

c. Generation sources (residential areas, concentrated industrial zones, commercial – service ones, tourism zones, etc.) enclosed with the statistics of conventional and very hazardous solid wastes that are predicted according to the time the master plan is made;

d. Master plan for locations and scales of transit stations, solid waste treatment facilities and suggested treating technology; areas for collection and treatment of conventional and hazardous solid wastes for solid waste treatment facilities.

II. MASTER PLAN FOR CONSTRUCTION OF SOLID WASTE TREATMENT WORKS

The master plan for construction of solid waste treatment works according to the regulations in Articles 8 and 9 of Decree No. 59/2007/ND-CP is specified as follows:

1. Requirements on master plan for construction areas of solid waste treatment facilities:

a. Locations and scales of solid waste treatment facilities shall be conformable to the master plan for solid waste management hat is approved by competent authorities.

b. Standards for land area, construction area and norms of use of electricity and water shall be determined according to the chosen disposing technology and the standards for design of total areas of industrial factories and standards for design of master plan for construction of solid waste treatment facilities;

c. Factories shall be operated according to the designed capacity and workers shall be safe during the operation;

d. Measures shall be taken for isolating areas likely to cause pollution or fire (landfills, leachate treating tanks, temporary containers of classified hazardous wastes before treatment);

dd. Environmental monitoring areas shall be established to monitor the environmental changes during the operation and after the shutdown of solid waste treatment facilities;

e. There shall be prediction of plans on restoration of environmental landscape and reuse of the areas of solid waste treatment facilities that are shut down.

2. Master plan for total construction areas carried out by the investor when making a project on investment in the construction of a solid waste treatment facility. Work items of a solid waste treatment facility:

a. Primary works (works for receiving, classifying and treating solid waste; recycled/reused products grounds, etc.);

b. Auxiliary works serving the management and operation of the solid waste treatment facility (works for management/operation, laboratories, dining-rooms, bathrooms, etc.);

c. A gathering area for hardening or burying the conventional solid wastes that remain after being treated (recycling, reuse, burning, etc.); hazardous solid waste permanent isolation areas;

d. A system of infrastructural constructions of solid waste treatment facility (roads, water supply and drainage, electricity supply, sewage treatment system, grounds, trees) and transitional points with the infrastructural systems outside the solid waste treatment facility.

3. Documents of master plan for construction areas of a solid waste treatment facility:

a. Description;

b. Drawings: scale: 1/500, including:

- Current conditions of land, boundary of the area where the solid waste facility locates;

- Total area, locations of works of the solid waste treatment facility; a summary of technical criteria of master plan solution;

- Total area for construction of infrastructural work items; elevations; connections to infrastructural constructions outside the area; locations of environmental monitoring points of surface water, underground water, air (smoke, dust, exhaust, etc.).

III. RESTORATION AND REUSE OF AREA OF SOLID WASTE TREATMENT FACILITIES AFTER THEIR SHUTDOWN

1. The restoration and reuse of the area of solid waste treatment facilities that are shut down are specified in Article 34 of Decree No. 59/2007/ND-CP.

2. A landfill or a solid waste facility shall be shut down when the amount of waste that is buried has reached the maximum capacity according to technical design or when the landfill is considered unconformable and closed at the request of regulatory agencies.

3. Restoration and reuse of ground area of a solid waste treatment facility:

a. Dismantle and remove workshops; restore environmental landscape of the area by planting grass and trees;

b. When the tasks specified in clause 1 Article 34 of Decree No. 59/2007/ND-CP are completed, an amusement park, a leisure center, a sport ground or a parking lot, etc. may be constructed on the area of the removed solid waste treatment facility. Do not construct housing works on landfill grounds. When reusing a solid waste treatment facility for another purpose, a project and for construction master plan shall be formulated according to legislation on construction investment.

IV. ESTIMATION AND MANAGEMENT OF BUDGET FOR PUBLIC SOLID WASTE TREATMENT SERVICES

1. The estimate for a public-utility solid waste treatment service prescribed in Article 35 of Decree No. 59/2007/ND-CP is estimated in the principle of the accuracy and sufficiency of the expenses of collection, transport and treatment of solid waste using different technologies, ensuring the possibility of capital divestment and development of the investor in the solid waste treatment facility; encouraging the public sector involvement in the public-utility solid waste treatment service.

2. The investment in the construction of a solid waste treatment facility shall comply with the regulations in Decree No. 99/2007/ND-CP dated 13/6/2007 by the Government and its guiding documents, including the expenses of construction and equipment, expense of compensation for site clearance and relocation, expense of project management during the investment, expense of construction consultancy, provisional expenses and others.

3. Estimate for expenses and estimate for public-utility solid waste treatment services are essential expenses for completing the amount of service products according to the technical procedures, including the expenses of raw materials for disposing solid wastes; expenses of human resources, machinery, equipment, depreciation of workshops; general administrative expenses and standard profits. Planned prices, unit prices of each activity in the solid waste treatment process, general administrative expenses and standard profits are determined according to the regulations on determination of unit prices of each public-utility services, general administrative expenses and standard profits specified in Circular No. 17/2005/TT-BXD dated 01/11/2005 by the Ministry of Construction.

4. Presidents of the People’s Committees of provinces are responsible for granting approval for the estimate of public-utility solid waste treatment services. The approved estimate is the basis for choosing organizations/individuals to carry out the public-utility solid waste treatment service in form of bidding or placing orders.

Regarding industrial solid wastes and hazardous solid wastes, the owner of the waste source and the owner of the solid waste treatment facility shall conclude a contract depending on the estimate of solid waste treatment service as prescribed in Article 37 of Decree No. 59/2007/ND-CP.

V. IMPLEMENTATION

1. Ministries, regulatory bodies and People’s Committees of provinces shall formulate, appraise and grant approval for solid waste management master plan according to the regulations in Article 10 of Decree No. 59/2007/ND-CP.

2. People’s Committees of provinces are responsible for conduct appraisal and grant approval for master plan for construction of solid waste treatment works in their province and in interprovincial area in administrative division.

3. Regarding current solid landfills that are unconformable and are on the list provided in Decision No. 64/2003/QD-TTg by the Prime Minister, People’s Committees of provinces are responsible for formulating and carrying out the project on renovation of landfills that fulfill the environmental standards.

4. This Circular comes into effect 15 days after the date it is posted on Official gazette.  Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for guidance and solution./.