Quyết định 44/2015/QD-UBND

DECISION

ON PROMULGATION OF REGULATION ON MANAGEMENT OF WASTE SLUDGE IN AREAS OF HOCHIMINH CITY

HOCHIMINH CITY PEOPLE’S COMMITTEE

Pursuant to the Law on Organization of People's Council and People's Committee dated 26/11/2003;

Pursuant to the Law on Environmental Protection dated 23/6/2014;

Pursuant to Law on Prices dated 20/6/2012;

Pursuant to Decree No. 19/2015 / ND-CP dated 14/ 02/ 2015 of the Government detailing the implementation of some articles of the Law on Environmental Protection;

Pursuant to Decree No. 18/2015 / ND-CP dated 14/02/ 2015 of the Government providing for the environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan;

Pursuant to Decree No. 38/2015 / ND-CP dated 24/04/ 2015 of the Government on the management of waste and scrap;

Pursuant to Decree No. 179/2013 / ND-CP dated 14/11/2013 of the Government on sanctioning of administrative violation in the field of environmental protection;

Pursuant to Decree No. 130/2013 / ND-CP dated 16/10/ 2013 of the Government on the production and supply of products and public services;

Pursuant to Decree No. 80/2014 / ND-CP dated 06/08/ 2014 of the Government on water drainage and wastewater treatment;

Pursuant to Decree No. 177/2013 / ND-CP dated 14/11/ 2013 of the Government detailing and guiding the implementation of some articles of the Law on Prices;

Pursuant to Circular No. 04/2015 / TT-BXD dated 03/04/2015 of the Ministry of Construction guiding some articles of Decree No. 80/2014 / ND-CP dated 06/08/ 2014 of the Government on water drainage and wastewater treatment;

At the request of the Director of Department of Natural Resources and Environment in the Report No. 4774 / TTr-NRE-CTR dated  09/07/2015 on promulgation of regulation on management of waste sludge in the areas of Ho Chi Minh City; appraisal opinions of the Department of Justice in the Official Letter No. 1359 / STP-VB dated 26/03/2015;

DECIDES:

Article 1. Issued with this Decision is the “Regulation on management of waste sludge in the areas of HCM City”.

Article 2. This Decision takes effect 45 days from the date of its signing.

Article 3. Chief of Office of HCM City People’s Committee; Directors of Departments: Construction, Natural Resources and Environment, Planning and Investment, Planning-Architecture, Finance, Information and Communications, Agriculture and Rural Development, Transport, Science and Technology, City police, steering Center of the urban flood prevention and control program of HCM City, Management Board of Export Processing Zones and Industrial Parks, Management Board of High-tech Zones, Management Board of urban upgrading works construction investment, Management Board of water environment hygiene projects; Chairman People's Committee of districts; Directors of units implementing the environment hygiene services, urban drainage and water supply in the areas of HCM City; Head of relevant units and other organizations and individuals are liable to execute this Decision./.

REGULATION

MANAGEMENT OF WASTE SLUDGE IN THE AREAS OF HCM CITY
(Issued with Decision No. 44/2015/QD- UBND dated 09/09/2015 of HCM City People’s Committee).

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Regulation provides for the identification, classification, registration and management of waste sludge of organizations and individuals related to the generation, collection, transport and treat of waste sludge; responsibility of state management bodies in coordinated management of collection, transport and treat of waste sludge in the areas of HCM City.

2. This Regulation does not apply to the types of waste sludge:

a) The waste sludge included in the list of hazardous waste or identified to have at least one (01) parameter exceeding the hazardous waste threshold according to QCVN 50: 2013/BTNMT or QCVN 07: 2009/BTNMT of the Ministry of Natural Resources and Environment. These types of waste sludge are managed under the regulation on hazardous waste management of the Ministry of Natural Resources and Environment..

b) Sludge of septic tank is managed under the provisions in Decision No. 73/2007/QD-UBND dated 10/5/2007 of the HCM City People’s Committee.

3. The contents providing for the management of dredged sludge specified in Decision No. 73/2007/QD-UBND dated 10/05/2007 of the HCM City People’s Committee are applied for management according to this Decision.

Article 2. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Water drainage system: includes the network of culvert, canal and ditch for collection and transfer, reservoir, connection works (pumping station, treatment station/plant, outfall) and other ancillary works for the purpose of collection, transport and drainage of rainwater, wastewater, flood prevention and wastewater treatment.

2. Sludge is organic or inorganic sludge with mixture component containing a lot of contaminated impurities with bad odor and should be treated by technological and technical to reduce, eliminate and isolate the detrimental elements to ensure environmental protection requirements. Within the scope of this provision, the sludge includes the following categories:

a) Sludge from the water drainage: is the sludge regularly generated from the exploitation, utilization, maintenance and management of water drainage system.

b) Sludge after wastewater treatment is the sludge generated from the centralized wastewater treatment stations/plants, from the local wastewater system of production and service business facilities.

c) Sludge after feed water treatment is the sludge generated from the centralized feed water treatment stations/plants.

d) Dredged sludge is the sludge dredged from rivers, canals, ditches irregularly generated during the implementation of City’s environmental hygiene improvement projects, technical infrastructure and urban traffic works.

3. Mud is organic or inorganic sludge with relatively homogeneous components mainly soil and sand, no bad odor, generated from the excavation, construction performance, dredging of topsoil, foundation digging in construction activities.

4. Waste identification and claissification is the process to distinguish, define the nature and component of category of hazardous waste sludge or general waste simultaneously classify it as contaminated sludge or uncontaminated mud as stipulated in Clause 1 and 2 of this Article for prescribed actual management.

5. Registration for sludge management is the process where the organizations and individuals implement the statistics, forecasting and registration of volume of sludge generated from their construction, production, business and services with the enviromental state management authorities.

6. Collection and transport services units are the organizations that are permitted by the state to implement the collection and transport of sludge from the place of generation to the prescribed treatment place.

7. Treatment service units are the organizations that are permitted by the state to implement the services of treatment, recycling, reuse of sludge with the technologies and projects approved by the appraising authorities.

8. Prescribed centralized treatment location is the areas as planned or permitted by the state to build the centralized waste sludge treatment and recycling plants to ensure the environmental technical regulations.

Article 3. General principles of waste sludge management

1. Organizations anad individuals having activities that generate waste sludge and mud must identify, classify, store and register to manage the waste sludge with the enviromental state management authorities under the current regulations of law on waste management and must comply with the instructions of such authorities in actual management over the volume of such sludge and mud.

2. Sludge must be stored, collected and transported to the prescribed centralized treatment location. It is prohibited to exchange, trade and discharge the untreated waste sludge into environment.

3. If the mud whose component has been identified and its main nature is soil and sand and is certified by the competent authorities to have no contaminated impurities, bad odor and potential risk of causing environmental pollution, it shall be managed by the following principles:

a) For mud generated during implementation of City’s environmental hygiene improvement projects, the civil and industrial constructional works, the technical infrastructure and urban traffic works, it shall be used for accretion for soil or leveling in the appropriate soil area in the HCM City or directly used as materials for production of building materials, adobe brick, low-grade concrete resistance and clean soil at places permitted for treatment in accordance with law.

b) Organizations, individuals and investors are prohibited from indiscrimately dumping mud into environment without instruction opinions from the functional authorities.

4. If the sludge of feed water after treated is certified by the functional authorities to have no contaminated impurities, bad odor and potential risk of causing environmental pollution, it shall be managed as stipulated under Point a, Clause 3 of this Article.

5. Organizations or individuals having activities which generate waste sludge must make payment for the services of collection, transport and treatment of waste sludge to the collection and transport services units in accordance with regulations of law.

Chapter II

SPECIFIC PROVISIONS

Article 4. Identification, classification and registration of sludge management

1. Organizations or individuals having activities which generate waste sludge must identify, classify and register the sludge management under the following regulations:

a) Where the organizations or individuals having activities which regularly generate waste sludge in construction, production, business and services, they must identify, classify and register the sludge management in accordance with the current regulations of law on waste management.

b) For dredged sludge irregularly generated from the HCM City’s environmental hygiene improvement projects, technical infrastructure and urban traffic works which are being done or shall be done, the investor must carry out the identification and classification and inform in writing of management plan to the volume of sludge from the projects to the Departments of Natural Resources and Environment and the People’s Committee of district where the sludge is generated. The plan for collection, transport and treatment of such volume of sludge must comply with the Decision on approving the environmental impact assessment Report, the environmental protection plan or other relevant environmental documents of project approved or certified under regulations.

2. For volume of sludge generated in constructional activities, the investors must make identification and classification to define its nature and components. Such generatef volume of sludge must be informed in writing by the investor within three (03) months before the time of generation to the functional authorities in accordance with the following regulations:

a) Sludge generated from the HCM City’s environmental hygiene improvement projects, the large-scale civil and industrial constructional works, the technical infrastructure and urban traffic works: the Department of Natural Resources and Environment shall give instructions on identification of nature, component and plan for treatment of volume of sludge as stipulated in Clause 3, Article 3 of this Regulation.

b) Sludge generated from the separate construction or renovation, civil construction works licensed by the district People’s Committee: the People’s Committee organizations or individuals district where the sludge is generated shall give instructions on identification of nature, component and plan for treatment of volume of sludge as stipulated in Clause 3, Article 3 of this Regulation.

Article 5. Collection and transport of sludge

1. The collection, transport and transshipment of sludge must not scatter or spread dust, bad odor and water leaking to the environment in accordance with the prescribed technical requirement and management procedure. Only the organizations with functions of collection, transport of sludge and meeting the conditions as stipulated by law are permitted to perform the services of sludge collection and transport from the place of generation to the centralized treatment location. The individuals, individual households and organizations that do not meeting the conditions as stipulated by law are prohibited from sludge collection and transport.

2. For the dredging, collection and transport of sludge from the water drainage and sludge after wastewater treatment from the water drainage system and the centralized wastewater treatment stations/plants owned by the state: the HCM City Urban Drainage Company Limited and the Public Services Company Limited of districts and the treatment services units are the units having functions of collection and transport of sludge from the generation place to the centralized treatment location.

3. For the volume of waste sludge and dredged sludge irregularly generated from the HCM City’s environmental hygiene improvement works and projects and technical infrastructure and urban traffic works that are being implemented or will be implemented; the investors shall coordinate with the contractors in collection and transport of waste sludge to the prescribed centralized treatment location. If the investors or the contractors do not have the conditions to do this, they may hire the collection and transport services units specified in Clause 1 and 2 of this Article in order to perform the services.

4. The transfer of sludge between the organizations or individuals generating waste sludge to the collection and transport services units must be done in the form of service contract in accordance with the current regulations of law on waste management and other relevant laws.

5. The collection and transport services units must be fully equipped with special-use road/waterway means of transportation (special-use barges and tank trucks. The tank or trunk must have safety valve with words “SLUDGE COLLECTION AND TRANSPORTATION VEHICLE”, truck must have its closed tank and tarpaulin to ensure no water leakage and restriction of odor emission upon circulation) that have been licensed for circulation and certified for inspection to have met the technical requirements and environmental protection as prescribed by law.

6. The sludge and mud means of transportation must comply with the HCM City’s current regulations on time and allowed traffic routes. For key and urgent works as directed by the HCM City People’s Committee, the Department of Transport is responsible for considering and recommending the appropriate time of transport to accelerate the works progress.

Article 6. Treatment of waste sludge

1. The treatment of waste sludge is only allowed to do at the treatment location as prescribed by the HCM City, including:

a) Functional subarea of waste sludge treatment and recycling directly under the HCM City’s complex area of centralized waste treatment according to the approved planning.

b) In the HCM City’s waste treatment planning area in the future where there are functional subarea of waste sludge treatment and recycling under the approved planning.

c) It is prohibited to treat and recycle waste sludge at the locations not in accordance with the planning approved by the state.

2. Where the construction investment projects of City’s centralized wastewater treatment stations/plants in the future where sludge is regularly generated and far from the prescribed centralized treatment location, the Department of Natural Resources and Environment is responsible for requesting the HCM City People’s Committee to permit the investment of waste sludge treatment item right at the plant provided that it must ensure the prescribed technologies and environmental hygiene.

3. The units treating waste sludge must meet the following conditions:

a) The procedure for project’s waste sludge treatment technology has been appraised and approved the competent authorities.

b) Have the report on environmental impact assessment to the construction investment project of waste sludge plants/works approved by the competent authorities.

c) The location to build the treatment plant must be located in the HCM City’s solid waste treatment planning area or in the areas permitted by the state.

d) Have a contingent of technical officers with educational level of university or higher in the field of chemistry, environmental engineering or equivalent to assume the management and operation of treatment plant; have a contingent of workers who are trained to safely operate the line of treatment equipment and are able to handle the potential environmental incidents.

e) When receiving and treating the waste sludge, the treating units must develop the following procedures and plans:

- Procedures for safe operation of technological line and equipment from the phase of receipt to the last treatment phase;

- Pollution control and environmental protection plan during operational process;

- Periodical environmental management and monitoring program;

- Plan for labor safety and health protection to the officers and workers operating the treatment system.

- Plan for consumption of environmentally-friendly products recycled from waste sludge in accordance with the actual market demand.

4. In addition to meeting the conditions specified in Clause 3 of this Article, the treating unit must fully comply with the procedures as prescribed by the current regulations of law on management of sludge and works investment construction works.

5. The HCM City prioritizes the selection of sludge treating investors having the recycling technologies of environmentally-friendly products and reused products as production raw materials without direct filling while taking into consideration of competitiveness of unit price of sludge treatment and product consumption plan after recycling in accordance with the market’s actual demand.

6. The transfer of waste sludge from organizations or individuals generating waste sludge or from the collection and transport services units to the treatment services units must be done in the form of services contract in accordance with current regulations of law on waste management and other relevant laws.

Article 7. Costs of waste sludge collection, transport and treatment

1. Organizations or individuals having activities that generate waste sludge must make payment for waste sludge collection, transport and treatment services to the collection, transport and treatment units under the following provisions:

a) The waste sludge generated from any organization or individual’s production, business and services, such organization or individual shall make payment.

b) For the waste sludge or dredged sludge generated from projects and works invested by the state, the state budget or the environmental treatment fund allocated in the investment project shall be used for payment.

c) For the sludge from the water drainage and sludge after wastewater treatment from the water drainage system and centralized wastewater treatment stations/plants owned by the state, the state budget shall be used for payment.

2. For the cost of waste sludge collection and transport: The Department of Transport shall coordinate with the People’s Committee of districts and the relevant units to prepare the unit price of waste sludge collection and transport and transfer it to the Department of Finance for appraisal and submission to the HCM City People’s Committee for approval as a basis for application.

3. For the cost of waste sludge treatment: the sludge treatment units shall prepare the unit price of treatment of various kinds of waste sludge under the project and submit it to the Department of Finance for appraisal and submission to the HCM City People’s Committee for approval as a basis for application.

Chapter III

RESPONSIBILITY FOR STATE MANAGEMENT OVER WASTE SLUDGE

Article 8. Responsibility of Departments and sectors

1. Department of Natural Resources and Environment

a) Performs the pollution control, inspection and monitoring of environmental hygiene quality in collection, transport, treatment and recycling of waste sludge in accordance with the current regulations of law on environmental protection.

b) Coordinates with the relevant units to give advice and recommendation to the HCM City People’s Committee of waste sludge management measures to ensure the environmental protection requirements and in accordance with the HCM City’s actual condition.

c) Gives instructions to the organizations and individuals in identification, classification, management registration and sludge and mud treatment plan to ensure the environmental protection requirements in accordance with the contents of this Regulation and other current regulations of law.

d) Assumes the duties as Head of interdisciplinary work team to coordinate with the relevant Departments and sectors to consider and appraise the sludge recycling and treatment projects before submission to the HCM City People’s Committee on the implementation policy. Provides instructions on order and procedures to the investors in implementation of sludge recycling and treatment projects in accordance with regulations of law.

e) Directs the Inspector of Department of Natural Resources and Environment and other subordinate professional units to hold periodical or unplanned inspection or examination and strictly sanction the violation of environmental protection in sludge management in the areas of HCM City under its authority and regulations of law.

g) Performs other authorities related to waste sludge under the organizational and operational mechanism of Department of Natural Resources and Environment.

2. Department of Science and Technology

a) Establishes the scientific Council to appraise the waste sludge treatment and recycling technology Procedure of the projects recommended by the investors in accordance with the current regulations of law.

b) The conclusion of the scientific Council on appraisal of technology of projects must be made in writing and sent to the Department of Natural Resources and Environment for aggregation and report to the HCM City People’s Committee on the project implementation policy.

3. Department of Transport

a) Is responsible for guiding and directing the collection, transport and treatment of sludge generated from the exploitation, use, maintenance and management of operation of urban water drainage system, the centralized feed water and wastewater treatment stations/plants owned by the state in the areas of the HCM City in accordance with the contents of this Regulation and other relevant laws.

b) Coordinates with People’s Committee of district and other relevant units to formulate and submit the unit price of sludge collection, transport for appraisal as stipulated in Clause 2, Article 7 of this Regulation to the HCM City People’s Committee for approval.

c) Directs the Inspector of Department of Transport to coordinate with the Inspector of Department of Natural Resources and Environment, People’s Committee of district, commune and town to inspect and strictly sanction the violation of owner’s means of transportation in case of dropping, splling or dumping sludge on pavement, street and public place under its authority and regulations of law.

d) Coordinates with the Departments, sectors and People’s Committee of district to give advice and submit the time and route of sludge and mud collection and transport in accordance with the characteristics and traffic current conditions of the HCM City.

4. Steering Center of the urban flood prevention and control program of HCM City

a) Based on the regulation on decentralized management of water drainage system of the HCM City, the steering Center of the urban flood prevention and control program of HCM City is responsible for implementation of collection, transport and treatment of sludge from the water drainage generated from the urban water system and sludge after wastewater treatment from the centralized wastewater treatment stations/plants under its ownership in accordance with the contents of this Regulations and other relevant laws.

b) Coordinates with the relevant units in making annual budget plan and estimate for the collection, transport and treatment of sludge generated from the water drainage system in the areas of HCM City for transfer to the Department of Finance for appraisal and submission to the HCM City People’s Committee to allocation the budget capital for implementation.

5. Department of Construction

Takes responsibility to manage the activities of units producing the constructional materials in the areas of HCM City with the use of sludge and mud as production materials; manage the quality of constructional material products made from the raw materials of waste sludge and mud approved by the construction and environment management authorities.

6. Depatment of Planning and Investment

a) Provides specific instructions on incentive assistance to the organizations or individuals when they are involved in construction investment in the field of waste sludge management in the areas of HCM City in accordance with the current laws on assistance and incentives of investment in the field of environmental protection.

b) Appraises dossier for issue of investment Certificate to the waste sludge treatment and recycling projects as prescribed by law.

7. Department of Finance

a) Coordinates with Department of Transport, Department of Planning and Investment and the People's Committee of districts to appraise the annual funding estimate for the collection, transport and treatment of sludge generated from the urban water drainage system, the centralized feed water and wastewater treatment stations/plants owned by the state in the areas of the HCM City for submission to the HCM City People’s Committee for approval under the Law on state budget.

b) Provides instructions on formulation and appraisal of unit price of sludge collection and treatment as stipulated in Clause 2 and 3, Article 7 of this Regulation for submission to the HCM City People’s Committee for approval.

8. HCM City Public Security

a) Directs the Road-Waterway Traffic Police Division, Environmental Crime Prevention Police Division to closely coordinate with the Department of Transport, Department of Natural Resources and Environment and the relevant bodies in inspection, examination, detection and strict handling of violation of regulations on sludge collection, transport and treatment as stipulated by this Regulation and other current laws.

b) Strengthens the inspection of means used for sludge collection, transport and treatment on the inner city routes; detects and imposes strict sanctions on the owners of means of transportation who fail to ensure the environmental hygiene and urban landscape during transport of sludge and mud in the streets as prescriibed by the current laws.

9. Management Board of Export Processing Zones and Industrial Parks, Management Board of High-tech Zones

a) Provide instructions to the enterprise operating within the export processing zones, industrial parks and high-tech zones to comply with the regulations on waste sludge management according to the contents in this Regulation and other current laws on waste management.

b) Inspect and monitor the sludge collection and transport services within the export processing zones, industrial parks and high-tech zones to ensure the compliance with regulations of law; detect and recommend strict sanction against the organizations or individuals that do not meet the conditions in accordance with law for sludge collection, transport, exchange and trading.

10. Other Departments and sectors

The relevant Departments and sectors within their power and duties are responsible for coordinating with the Department of Natural Resources and Environment, Department of Transport, Department of Finance, the steering Center of the urban flood prevention and control program of HCM City and People's Committee of districts to perform the state management over sludge generated from the fields under their management.

Article 9. Responsibilities of People's Committees of districts

1. Based on the regulation on decentralized management of water drainage system of the HCM City, the People's Committees of districts are responsible for implementation of collection, transport and treatment of sludge from the urban water drainage system under their ownership in accordance with the contents of this Regulation and other relevant laws; take responsibility for the quality of environmental hygiene in sludge collection and transport in the areas under their management.

2. Coordinate with the relevant units to make the annual budget plan and estimate for the sludge collection, transport and treatment in the areas under their management and send them to the Department of Finance for appraisal and submission to the HCM City’s People’s Committee to be allocated budget capital for implementation.

3. Direct the subordinate professional bodies to regularly inspect, detect and strictly sanction the violations in sludge collection, transport and treatment in the areas under their management.

4. Provide instructions and propagation to the People’s Committees of wards, communes and towns in management of sludge in the areas in accordance with the contents of this Regulation and other relevant laws.

5. Assess the reality of sludge management in localities and report the result as required by the relevant Departments and sectors on the sludge management in the areas; recommend the issues related to the sludge management.

Chapter IV

COMMENDATION AND AWARD AND VIOLATION SANCTION

Article 10. Commendation and award

1. The state encourages and has policies on commendation and award to all organizations and individuals well complying with the regulations on environmental protection in sludge collection, transport and treatment services in the areas of HCM City.

2. All organizations and individuals having achievements in sludge collection, transport and treatment shall receive commendation and award as prescribed by law.

Article 11. Violation sanction

1. All organizations and individuals that perform the sludge collection, transport and treatment illegally or fail to comply with the contents in this Regulation; have activities generating waste sludge causing environmental pollution; have acts to obstruct the inspection and examination of functional bodies; obstruct, oppose and fail to comply with the form of violation sanction according to the contents in this Regulation or other violations as prescribed by laws, depending on the seriousness of violation, they shall be sanctioned for administrative violation, disciplined or prosecuted for criminal liability and make compensation for damage (if any) in accordance with the current regulations of law.

2. The violations, form of violation sanction, order and procedures for administrative violation sanction in the field of waste sludge management must comply with the current regulations of law on administrative violation sanction in the field of environmental protection.

Chapter V

IMPLEMENTATION PROVISION

Article 12. Implementation provision

1. Based on the contents of this Regulation, the Director of Department of Natural Resources and Environment, Heads of relevant Departments and sectors, Chairman of People’s Committee of districts, wards and communes, according to their functions and duties, are responsible for instructing, urging, implementing and inspecting the implementation of this Regulation.

2. During the implementation, if there is any difficulty arising or when the Government issues the other legal normative documents related to the contents of this Regulation, the Department of Natural Resources and Environment shall coordinate with the other Departments and sectors and recommend the contents to be amended, added and replaced for submission to the HCM City’s People’s Committee for review and decision./.