ABA-UNDP International Legal Resource Center
UNDP/Kenya- Legislative Frameworks for Solid Waste Management Systems
October 2006
. With many developing countries experiencing rapid urbanization, the
implementation of effective solid waste management systems is of paramount
importance. International agreements, such as the Rio Declaration1 and the Kyoto
Protocol2, underscore the importance of strong national environmental regulatory legal
frameworks. Solid waste produced in urban areas can significantly impact the
environment in a number of ways. Moreover, the management of solid waste profoundly
affects public health and the overall quality of life. This report overviews various
legislative frameworks used by national and local governments in establishing urban
solid waste management systems. Legislation is grouped by country name under three
categories: local/municipal legislation, national legislation, and legal frameworks for
national and local level cooperation. Where available, we have attached a copy of the
discussed law with this report.
II.
International Law
Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal, http://www.basel.int/text/con-e-rev.pdf
The Basel Convention sets guidelines for the disposal of hazardous waste. Some
solid waste falls under the convention’s jurisdiction, and local regulation dealing
with hazardous solid waste should follow the guidelines established by the
convention.
III.
Local/Municipal Legislation:
COSTA RICA
Reglamento Sesión Nº 4: “Reglamento para el Manejo Adecuado de Desechos
Solidos” (January 27, 2006) [Full Text Attached]
The municipal solid waste regulations for the city of Alfaro Ruiz establish
procedures for collection, disposal, classification and general management of
solid waste. Additionally, the law designates that the local government should
educate the population regarding its environmental responsibilities in solid waste
management.
GUATEMALA
1
Rio Declaration on Environment and Development,
http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm
2
Kyoto Protocol, http://unfccc.int/resource/docs/convkp/kpeng.pdf
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ABA-UNDP International Legal Resource Center
Accord 028-2002 (September 26, 2002): “Reglamento de Manejo de Desechos
Solidos para El Municipio de Guatemala” [Full Text Attached]
Establishing the legal regulatory framework for the management of solid waste
for the Municipality of Guatemala, Accord 028-2002 establishes guidelines for
storage, cleaning, recollection, recycling, and the disposal of waste.
IV.
National Legislation:
ANGOLA
Executive Decree 20/90 (January 22, 1999)3
This law set forth the organizational structure and procedure of the Direccao
Nacional de Quadros (National Directorate of Personnel) within the “Ministerio
da Administracao do Territorio (Ministry of Administration of the Territory).
This has relevance to the issue of solid waste management, as the law established
that the National Directorate would oversee the selection and training involving
personnel at the local level in the area of recycling and environmental
management.
BRAZIL
Provisional Measure 80 (February 13, 1995) and Provisional Measure 937
(March 15, 1995) [Full Text Attached]
These laws both establish rules and procedures regarding the contracting of public
services. Included among these services are basic sanitation, trash treatment, and
other services related to the management of solid waste.
EL SALVADOR
Decree 739 (June 28, 1996): “Declárase de interés público a las empresas
privadas que se dediquen al procesamiento de desechos solidos” [Full Text
Attached]
This law encourages the private companies to become involved with solid waste
management through articulating that the formation of private companies
focusing on solid waste disposal is in the public interest. The law also grants these
companies some exemptions to custom duties.
HONDURAS
3
The summary of the decree is based upon information obtained on the Global Legal Information Network
(http://www.glin.gov). Further information regarding the decree can be found through the GLIN network.
2
ABA-UNDP International Legal Resource Center
Decree 85-98 (April 27, 1998) [Full Text Attached]
The law establishes the Fondo de Desarollo para Projectos de Generación con
Recursos Renovables y Sostenibles and encourages investment in the development
of renewable resources, among which can come from urban solid waste. In
consequence, this law establishes a research institution related to the disposal of
solid waste.
MEXICO
General Law for the Prevention and Integral Management of Wastes (May
22, 2005), http://www.sma.df.gob.mx/rsolidos/03/federal/01clave.pdf
Focusing on hazardous wastes, the law establishes a framework for classifying
hazardous waste and selecting sites for their disposal. The law also outlines
preventative measures to safeguard against hazardous waste affecting public
safety.
RUSSIA
Federal Law “On Environmental Protection” (December 10, 2002)4
This law establishes the legal framework for environmental management and
protection. Articulated in the law include provisions for environmental research
and monitoring of environmental protections. Chapter II specifically deals with
environmental management, including that of waste disposal. Chapter III pertains
to the economic management of environmental policies.
V.
Legislation Frameworks for National-Local Partnerships in Solid Waste
Management:
CZECH REPUBLIC
Act No. 185/2001Coll.: Waste and Amendments to Some Other Acts (2001)
According to Act No. 185/2001 Coll., on Waste and Amendments to Some Other
Acts5 (2001), local authorities are responsible for municipal waste management. 6
4
For further information regarding the decree, see the Global Legal Information Network
(http://www.glin.gov)
5
2001-06 Waste Generation, Recovery and Disposal in the Czech Republic,
http://www.czso.cz/eng/edicniplan.nsf/o/2001-06-in_2005-metodicke_vysvetlivky
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Sanitation Country Profile: Czech Republic,
www.un.org/esa/agenda21/natlinfo/countr/czech/Czechsanitation04f.pdf
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However, local authorities must follow regulations established by the Ministry of
the Environment.7 The Ministry of the Environment, in coordination with the
National Institute of Public Health and the Czech Environmental Institute, sets
forth policies regarding the proper handling of solid waste.
EGYPT
Law Number 4 of 1994 Promulgating the Environmental Law and its
Executive Regulation [Full Text Attached]
The law establishes the legal framework for Egypt’s Ministry of the Environment
and the regulation of environmental policies. The Ministry has regulatory
authority and works with local agents in implementing and enforcing
environmental initiatives. One such recent initiative in the field of solid waste
management was the National Strategy for Municipal Solid Waste.8 The strategy,
developed by the national government, coordinated with local governments in
increasing the capacity and effectiveness in disposing of solid waste. Fostering
such intergovernmental relationships is useful in combining resources to improve
solid waste management.
SOUTH AFRICA
No. 107 of 1998 National Environmental Management Act (November 27,
1998) [Full Text Attached]
The act established the National Environmental Advisory Forum as an advisory
council to the Minister of the Environment and Tourism. The object of this body
is to advise the creation and implementation of environmental initiatives. The act
also created the Committee for Environmental Co-Ordination, outlining
procedures for such initiatives to be implemented at the national and local levels.
The framework clarifies responsibilities for environmental management—relevant
to the management of solid waste.
TUNISIA
Loi No. 97-40 (June 9, 1997) [Full Text Attached]
This decree regulates the disposal of plastic and metal objects. Recycling of such
objects is encouraged, and the law requires enterprises authorized to conduct
recycling of plastic or metal- based products by the Ministry of Environment to
submit an annual report of their activities to the National Agency of Environment
Protection. While local mayors are primarily responsible for waste control, the
7
Ministry of the Environment, http://www.env.cz/AIS/web-en.nsf/
Egyptian Environmental Affairs Agency, “Solid Waste Management,”
http://www.eeaa.gov.eg/english/main/accomp4.asp
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National Agency of Environment Protection is responsible for the enforcement of
the Waste Control Act.
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