CHAPTER 419

WASTE MANAGEMENT ACT

• Act • Subsidiary Legislation •

ACT

Act No. 31 of 2000

Amended by
Act No. 26 of 2005

ARRANGEMENT OF SECTIONS
1. Short title and commencement.

PART I

Preliminary
2. Interpretation.

PART II

The National Solid Waste Management Authority

3. National Solid Waste Management Authority.
4. Vesting of solid waste management facilities in Authority.

PART III

Waste Management Planning

5. Formulation of waste inventory and waste strategy.
6. Content and structure of waste strategy.
7. Approval of waste strategy.
8. Waste strategy to be basis for new development.
9. Variation of waste strategy.
10. Review of waste strategy.

PART IV

Environmental Impact Assessment

11. Environmental impact assessment pre-evaluation.
12. Application for pre-evaluation.
13. Environmental impact assessment report.
14. Review of environmental impact assessment reports.
15. Decision on environmental impact assessment reports.
16. Monitoring and enforcement.
17. Environmental impact assessment guidelines.
18. Waste management plans.

PART V
 Waste Management Licences and Permits
19. Prohibition on unauthorised disposal of solid waste.
20. Licences required for existing facilities.
21. Licences for proposed waste management facilities.
22. Application for a waste management licence.
23. Issue of waste management licences.
24. Licences to be displayed.
25. Waste haulage permits.
26. Issue of waste haulage permits.
27. Permits to be displayed.
28. Cancellation and suspension of licences and permits.
29. Register of licences and permits.
30. Contingency plans.
31. Liability in the event of accidents.
32. Emergency powers of Minister.

PART VI

Waste Management Operations

33. Prohibition on importation of wastes.
34. Liability for and ownership of waste.
35. Requirements for waste handling, separation and processing.
36. Industrial, commercial and institutional waste generators.
37. Waste storage requirements.
38. Management of used oil.
39. Illegal dumping of litter or waste.
40. Public events.
41. Derelict motor vehicles, white goods, etc.

PART VII

Financing and Cost Recovery

42. Financial Instruments.

PART VIII

Monitoring and Enforcement

43. Monitoring and audits.
44. Appointment and powers of authorised officers.
45. Due diligence defence.
46. Penalties.
47. Power to institute proceedings.
47A. Payment of penalty without prosecution.

PART IX

Miscellaneous
47B. Appeal.
48. Regulations.
49. Application to Crown.
First Schedule Waste Classified as Hazardous Waste
Second Schedule Agencies Concerned with Solid Waste Management
Third Schedule Administration
Fourth Schedule Solid Waste Management Facilities Vested in the Authority
 CHAPTER 419
WASTE MANAGEMENT ACT
An Act to provide for the management of solid waste in conformity with best
environmental practices.
Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the House of Assembly of Saint Vincent and the Grenadines and by the
authority of the same as follows.
[Act No. 31 of 2000 amended by Act No. 26 of 2005.]

[Date of commencement: To be proclaimed.]

1. Short title and commencement

This Act may be cited as the Waste Management Act, 2000, and shall come into
operation on such date as the Governor-General may by Proclamation appoint.

PART I

Preliminary

2. Interpretation
In this Act—
“Authority” means the National Solid Waste Management Authority appointed
under section 3;
“biomedical waste” includes any solid waste containing human or animal fluids,
flesh, bones or other body parts except hair;
“composing” means making the humus-like end-product of the decomposition of
organic waste;
“derelict vehicle” means—
(a) any abandoned or discarded motor vehicle; or
(b) any motor vehicle stored or kept in a public place which is in such a
dilapidated condition that it cannot be safely used for the purpose of
transportation, and includes any part of such motor vehicle;
“dumping” means discharging wastes into the environment at a site or location
other than one approved and permitted by the competent authority;
“hazardous waste” means any material that belongs to any category contained in
Part I of the First Schedule, unless it does not posses any of the characteristics
contained in Part II of the First Schedule;
“incineration” means the destruction of solid waste by high temperature burning
in a furnace designed for such purpose whereby solid waste is essentially reduced to
ash, carbon dioxide and water vapour;
“incinerator” means a facility for processing waste through incineration and
which is designed and constructed so as to protect human health and the environment
from adverse impacts associated with the specific types of waste that are incinerated at
the facility, and includes pollution control equipment associated with the facility;
“landfill” means a facility for the disposal of solid waste in or on the land and
esigned and constructed so as to protect human health and the environment from
adverse impacts associated with the waste over time, and includes pollution control
equipment associated with the facility;
 “litter” means any abandoned or discarded article, rubbish, refuse, garbage or
waste materials, including containers, packages, bottles, cans or any parts of such
matter;
“Minister” means the Minister responsible for Health and the Environment;
“person” includes a body corporate;
“planning authority” means the Physical Planning and Development Board
established under the Town and Country Planning Act, 1992;
“post-closure and remediation” means the process and its duration whereby a
site, which has been but is no longer used for solid waste management purposes, is
rendered fit for other uses;
“processing facility” means a facility where waste is processed for the purpose of—
(a) reducing the volume of waste;
(b) reducing the degree of hazard associated with the waste; or
(c) creating or recovering any secondary resource;
“quarantine waste” includes any waste imported into or landed in the country by
any ship or aeroplane that comprises, or which contains, any food, vegetable, meat or
dairy product, or any part of such matter;
“recycling” means the process whereby a secondary resource is created from
waste;
“reuse” means the use of waste in any manner that does not present a threat to
human health, safety or the environment but does not include the use of waste in any
manufacturing process whereby a secondary resource is created;
“scheduled agencies” means the agencies listed in the Second Schedule;
“scrap metal” includes old or scrap copper, brass, wire rope or cable batteries,
metal debris or junked, dismantled or wrecked or derelict motor vehicles or parts
thereof, including any iron, steel or other old or scrap ferrous or nonferrous material
and any substance which contains any such material;
“secondary resource” means the material or matter which results from any
process whereby waste is rendered into any form that is suitable for re-utilisation
provided that the rendered material or matter or use of such material or matter does
not present a threat to human health, safety or the environment;
“ship-generated waste” means any waste generated on a ship or other sea going
craft;
“solid waste” means garbage, refuse, organic waste, scrap metal or other solid
materials discarded from—
(a) residential, industrial, commercial or government establishments or
operations; and
(b) public or community activities, but does not include solid or dissolved
material in domestic sewerage or other substances in water sources such as
silt, dissolved or suspended solids in industrial wastewater effluents, dissolved
materials in irrigation return flows or other common water pollutants;
“State” means Saint Vincent and the Grenadines;
“waste” includes any material discarded by its owner whether or not the material is
in the same form as it was when first acquired and includes any derelict vehicle;
“waste management facility” means any facility for managing waste by storing or
processing and includes a processing facility for the creation or recovery of a
 secondary resource but excludes a location or facility where waste is stored for less
than five days;
“waste management policy stakeholders” means the persons and organisations in
the State other than the Authority and Ministries, departments or other units of the
Government who are considered by the Minister either to be likely to be significantly
affected by waste management policy or to be possessed of special expertise or
qualifications which make them competent to advise on the formation of a waste
management policy;
“waste strategy” means the National Waste Management Strategy referred to at
section 5(4);
“white goods” means disused and abandoned refrigerators, washing machines and
other domestic appliances.

PART II

The National Solid Waste Management Authority

3. National Solid Waste Management Authority

(1) The Central Water and Sewerage Authority or such other public body as the
Minister may at any time appoint pursuant to section 4 of the Environmental Health
Service Act, shall be the National Solid Waste Management Authority for the purposes of
this Act.
(2) The functions of the Authority shall be as provided in the Third Schedule.
[Third Schedule.]

4. Vesting of solid waste management facilities in Authority

(1) The solid waste management facilities including all the estate rights of the Crown
in the land on which they are situated and the surrounding land used for the purposes of
those facilities, shall subject to subsection (2), be vested in the Authority and the Minister
shall by notice in the Gazette declare the facilities so vested for inclusion in the Fourth
Schedule.
[Fourth Schedule.]

(2) The land in subsection (1) shall vest in the Authority for so long only as the
facility continues to be used for the purposes of solid waste management for the period of
closure, post-closure and remediation on the cessation of use for those purposes.
(3) Subject to subsection (4), the Authority may not alienate any land in subsection (1)
or create any right over such land, whether or not such alienation or right is for valuable
consideration, save under the authority of a Resolution of Parliament approving that
alienation or right and any such Resolution may require that all or any part of any
valuable consideration for the alienation or right shall be paid over to the Crown.
(4) The Authority may for the better discharge of its functions and without the
authority of a Resolution of Parliament grant permission revocable at will for the use of
land in subsection (1) and may confer for valuable consideration contractual rights to use
the land but such permission or contractual right shall not endure longer than the period
of the vesting of the land in the Authority as stated in subsection (2).

PART III

Waste Management Planning

5. Formulation of waste inventory and waste strategy
(1) Within three months of the commencement of this Act, the Authority shall
complete an inventory and characterisation of the solid waste generated in the State.
(2) The waste inventory undertaken in the course of the process of completing the
requirements of subsection (1) shall—
(a) identify the total tonnage of waste generated in the State;
(b) identify the proportions of waste according to specific classifications of
waste;
(c) estimate the proportion of total waste generated by the residential sector, the
tourist sector, and the industrial, commercial and institutional sector
exclusive of tourism.
(3) The waste inventory and characterisation under subsection (1) shall be revised at
least every five years.
(4) Within one year of the commencement of this Act a waste strategy shall be
prepared by the Minister.
(5) The Minister shall ensure the broadest consultation in the preparation of the waste
strategy, and in particular, but without prejudice to the generality of the foregoing, shall
consult with the scheduled agencies and the waste management policy stakeholders to the
extent of their interest are, in the opinion of the Minister, likely to be affected.

6. Content and structure of waste strategy

(1) The waste strategy prepared pursuant to the requirements of section 5(4) shall
without prejudice to the generality of section 5(5) include—
(a) a summary of the inventory of national waste resources classified under
type, volume and area of generation compiled under section 5(2);
(b) an evaluation of historic, current or proposed activities that impact upon the
volume or type of waste generated in the State;
(c) a review of national waste diversion and reduction options;
(d) an evaluation of national environmental and pollution control policies that
may impact upon the nature or volume of waste generated in the State;
(e) an implementation programme outlining mechanisms, programmes, policies,
and strategies that are to be established to ensure that waste management is
carried out in such a manner so as not adversely to impact on human health
or the environment.
(2) The implementation programme developed under subsection (1)(e) shall establish—
(a) standards, requirements and procedures for the management of all waste,
including the generation, handling, storage, treatment, transport and disposal
of all types of waste;
(b) requirements and procedures for the issuance, monitoring and enforcement
of licences to site, construct or operate waste management facilities or
equipment;
(c) physical infrastructure requirements to provide waste management services;
(d) measures for addressing illegal dumping of litter, and wastes;
(e) outline financing and cost recovery mechanisms to ensure the financial
viability of all waste management activities;
 (f) outline measures for effective training of staff involved in solid waste
management and effective public education and awareness regarding solid
waste management.
(3) The waste strategy shall, in particular and without prejudice to the generality of
the foregoing—
(a) establish standards and procedures to be implemented in the reduction,
recycling of, recovery, reclaiming and re-use of waste and the use of
recycled substances;
(b) identify methods by which hazardous and bio-medical wastes and other
specified classes of solid waste substances are to be managed;
(c) identify methods by which solid waste is to be transported;
(d) establish standards and procedures for the location of waste disposal sites
and plants;
(e) establish procedures for the safe removal, reduction and disposal of litter;
(f) classify, for the purpose of waste management, premises from which waste
is generated;
(g) classify, for the purpose of disposal and treatment, different types of waste;
(h) establish targets to be achieved for the reduction of waste and the
commencement dates, with the objective of—
(i) reducing by twenty per cent all solid waste by the 1st day of January,
2010, through source reduction, recycling and composting activities,
(ii) providing further reduction of solid waste at rates of no less than five
per cent per decade after the year 2010 until such time as a fifty per
cent reduction is achieved through source reduction, recycling and
composting activities;
(i) design waste management measures in such a manner that the costs arising
from pollution are met by the polluters;
(j) subject to subsection (3)(i), design waste management measures in such a
manner as to recover costs from those who benefit from those measures; and
(k) identify suitable enforcement mechanisms and appropriate mechanisms to
ensure the implementation of the waste strategy, including, where
appropriate, the use of economic instruments.
(4) In preparation the waste strategy, the Minister shall undertake an evaluation of its
social, environmental and economic impact and the findings of such an evaluation shall
be contained in the waste strategy that is submitted to Cabinet for approval under
section 7(3).

7. Approval of waste strategy

(1) The Minister shall submit the draft waste strategy for public review and comment,
and for this purpose shall by notice under subsection (2)—
(a) in the Gazette;
(b) by placement of a notice on two subsequent weeks in at least one newspaper
published regularly in the State;
(c) by broadcast on at least three occasions on at least one local radio station
advise the public—
(i) of the location where copies of the draft waste strategy can be
obtained for review,
 (ii) the address to which any comment on the draft waste strategy should
be submitted, and
(iii) the closing date for making any submission.
(2) The Minister shall allow a period of at least thirty days and no longer than forty-
five days for the receipt of comments on the draft waste strategy under subsection (1).
(3) When all the comments have been received from the public review undertaken
under subsection (1) and any change made which the Minister considers desirable, the
Minister shall submit the draft waste strategy to Cabinet for approval.
(4) Cabinet may either—
(a) approve the draft with or without amendments; or
(b) refer the draft back to the Minister with a recommendation to correct any
deficiency.
(5) Where Cabinet refers the draft back to the Minister, the Minister shall
recommence the process of preparing the waste strategy at the stage in section 5(4) or at
such later stage as the Cabinet shall specify, and the period of one year there specified
shall be extended by the time which has elapsed since the process last commenced under
the subsection.
(6) Upon approval by Cabinet under subsection (4)(a), every person or authority
discharging any function under this Act shall comply with the requirements of the waste
strategy.

8. Waste strategy to be basis for new development

The waste strategy, when approved by Cabinet, shall provide the basis for evaluating—
(a) waste management options relating to all development approvals; and
(b) the licensing of waste management facilities under this Act.

9. Variation of waste strategy

(1) Before any component or part of the approved waste strategy is varied, the
Minister shall publish a notice of intention to vary the strategy specifying—
(a) the area in respect of which the strategy is intended to be varied;
(b) the reasons for such variation;
(c) that submissions on the variation may be made in writing by any person.
(2) In addition to the placement of any public notice as provided under subsection (1)
the Minister may establish a consultive process with the scheduled agencies and the waste
policy stakeholders.

10. Review of waste strategy

The Minister responsible for Planning shall, in consultation with the Minister
responsible for Health and the Environment, keep the waste strategy under review and, in
any event, shall undertake a comprehensive review of the strategy within five years of its
approval by Cabinet to ensure that—
(a) it complies with obligations under relevant international and regional
agreements;
(b) it is responsive to the waste management needs of the State;
(c) it is within the technical, financial and human resources of the State;
 (d) in its current form and potential future modified form it includes consultation
with the public and the waste management policy stakeholders, to the extent
that their interest are, in the opinion of the Minister, likely to be affected;
(e) it contributes to a net improvement in the quality of life and in the quality of
the environment.

PART IV

Environmental Impact Assessment

11. Environmental impact assessment pre-evaluation

(1) An environmental impact assessment pre-evaluation shall, subject to
subsection (2), be required before any waste management facility is established whether
or not the facility is solely for the purpose of waste management or partly to serve the
purpose of waste management among a number of other purposes.
(2) Subsection (1) shall not apply to a waste management facility under section 20(1)
or 36(2)(b).

12. Application for pre-evaluation

(1) For any proposal that requires an environmental impact assessment pre-evaluation
under section 11(1), the applicant shall notify the planning authority in writing in such
form as may be prescribed by regulations of its desire to establish a waste management
facility, enclosing a copy of the relevant waste management licence issued under
section 22(2).
(2) Upon receiving any notification under subsection (1), the planning authority shall
commence the pre-evaluation process by referring the notification to the scheduled
agencies and by undertaking a preliminary screening to determine whether an
environmental impact assessment is required.
(3) Within ten working days of receiving any notification under subsection (1), the
planning authority shall after considering any comments from the scheduled agencies
complete the pre-evaluation by determining whether there are issues which require further
information to be provided by the applicant, and whether an environmental impact
assessment is required, and whether that assessment is to comprise a comprehensive
environmental impact assessment report or a focus report.
(4) Where the planning authority determines that further information is required under
subsection (3), the planning authority shall so advise the applicant in writing and any
response of the applicant purporting to supply that further information shall be treated as
a new proposal under section 12(1).
(5) Following the completion of the pre-evaluation, the planning authority shall
advise the applicant that—
(a) a comprehensive environmental impact assessment report is required; or
(b) a focus report is required; or
(c) no further information is required and that the project will be recommended
to Cabinet for approval, subject to meeting such conditions as the planning
authority may require.
(6) Where either—
(a) a comprehensive environmental impact assessment report is required; or
(b) a focus report is required,
the planning authority shall provide the applicant with terms of reference for the report,
and thereafter the applicant shall undertake, at his own expense, a study and report that
complies with such terms of reference.

13. Environmental impact assessment report

(1) Every comprehensive environmental impact assessment report shall include, to the
extent required by the planning authority—
(a) the name or other sufficient identifying label of the proposals, its sponsor,
the location of its sponsor, its date of preparation, and the identification of
any person or organisation other than the sponsor who contributed
significantly to its preparation;
(b) a description of the purpose and scope of the proposed activity or
undertaking, including a description of the background and rational for the
project, and the intended goals and objectives;
(c) a description of the proposed action, any alternatives, describing the action
and other alternatives that are reasonably foreseeable and technically
appropriate, including the option of taking no action or activity, and an
outline of the reasons for choosing the proposed action;
(d) a description of the environmental setting, including a statement of
environmental resources and conditions in the project area before the
implementation of the project, and a projection or estimation of changed
environmental circumstances that may occur as a result of the project;
(e) a description of the social and environmental impacts, which shall include an
assessment of the long-term, short-term, adverse, cumulative, primary,
secondary or beneficial impact or lack of impact or consequences that may
result from implementation of any of the alternatives including the proposed
project, and including the impacts which may occur during construction,
operation, decommission and abandonment phases of the project;
(f) a description of residual adverse environmental and social impacts that
cannot be avoided and a comparison of such impacts and all feasible
alternatives;
(g) an environmental protection plan which describes all feasible measures to
reduce or avoid the adverse environmental consequences attributed to
implementation of any of the alternatives and any action that is to be
undertaken to mitigate any adverse environmental consequence;
(h) where appropriate, a waste management plan which describe all measures to
be undertaken to manage or reduce waste during—
(i) the construction,
(ii) operation, and
(iii) abandonment or decommissioning;
(i) an environmental monitoring and surveillance programme describing actions
and activities required to verify that the environment protection plan is being
fulfilled and the adverse impacts documented;
(j) a list of individuals who or organisations which, have an interest, expertise
or jurisdiction in matters relevant to the proposal and have been consulted;
(k) recommendations on the selected project alternative, mitigation measures,
monitoring, other studies, analysis and additional consultation.
 (2) A focus report may contain any of the aspects outlined in subsection (1), but shall
as a minimum meet the requirements in paragraphs (a), (d), (e), (g), (i) and (j) of the
subsection.
(3) Notwithstanding the provisions of subsections (1) and (2), the planning authority
may require the applicant to carry out any further studies or to submit additional
information for the purpose of ensuring that the environmental impact assessment report
is as accurate and exhaustive as possible.

14. Review of environmental impact assessment reports

(1) The applicant shall submit the comprehensive environmental impact assessment
report or focus report to the planning authority for review within any time frame
stipulated in the term of reference in section 12(6).
(2) Upon reviewing the report submitted under subsection (1), the planning authority
may request additional information to be submitted by the applicant.

15. Decision on environmental impact assessment reports

(1) Having reviewed the report and any additional information that may be submitted,
the planning authority shall—
(a) approve the report, with or without conditions or amendments; or
(b) require the applicant to complete additional work on environmental impact
assessment to meet specific concerns the planning authority identifies; or
(c) reject the report.
(2) Where required, the applicant shall undertake and submit additional work to meet
the concerns of the planning authority.
(3) Following the approval of a report under subsection (3) or the advice under
section 12(5)(c), as the case may be, the planning authority shall communicate its
decision to the applicant.

16. Monitoring and enforcement

(1) It shall be the responsibility of the applicant to implement any monitoring
programme, protection plan, or mitigation measure that constitute the conditions of any
approval granted.
(2) The planning authority shall conduct any inspection that may be necessary to
determine whether the design, development, construction, operation, or abandonment of
any undertaking or activity is undertaken in accordance with any monitoring programme,
protection plan, or mitigation measure that constitute the conditions of any approval
granted under subsection (1) and may issue an order to rectify any deficiency.
(3) Where an inspection under subsection (2) has revealed any deficiency, the
planning authority may issue the applicant—
(a) an order to stop work on any undertaking or activity;
(b) an order to restore the site to its original condition with a further order for
costs to be borne by the applicant;
(c) an order to carry out any improvement or remediation work on the site with
a further order for costs to be borne by the applicant.
(4) Every person who—
(a) prior to obtaining an approval under subsection (1) undertakes or constructs
any facility which is subject to the requirements of an environmental impact
assessment;
 (b) after obtaining an approval with conditions under subsection (1) undertakes or
constructs any facility under that approval but contravenes any such condition;
(c) contravenes any order made under subsection (3),
commits an offence and is liable on conviction to a fine not exceeding one hundred and
twenty thousand dollars or imprisonment for a term not exceeding twelve months.

17. Environmental impact assessment guidelines

The planning authority may issue guidelines for—
(a) the establishment of procedures for screening any proposed activity or
application for development by the Government or any statutory body;
(b) the establishment of terms of reference for any environmental impact
assessment report;
(c) the establishment of procedures for undertaking the monitoring of
environmental protection or management plans; for the purpose of
identifying the issues raised by such proposed activities, developments
applied for, environmental impact assessments and plans which are of
importance for solid waste management policy.

18. Waste management plans

(1) In its consideration of any development proposal other than a proposal under
section 12(1), the planning authority shall consider waste generation and waste
management requirements of any waste strategy under section 7(4).
(2) In furtherance of subsection (1), the planning authority shall require the applicant
in any development proposal to estimate the amount of waste generated in the
construction and the operation of the proposed facility.
(3) In submitting any application for commercial development, the applicant will also
be required to identify action that will be taken to minimise waste generation, and to
maximise re-use, recycling and composting, both during construction of the facility and
in the course of its operation when constructed.
(4) A specific management plan will be required for any hazardous wastes which may
be generated during the construction or operation of any facility.

PART V

Waste Management Licences and Permits

19. Prohibition on unauthorised disposal of solid waste

(1) Subject to subsection (2) and section 36(2)(b), a person shall not—
(a) deposit or knowingly cause the deposit of solid waste in or on any land,
beach, foreshore, marine waters, river or river banks;
(b) construct or operate any waste management facility without a licence;
(c) treat, keep or dispose of solid waste in a manner likely to cause pollution of
the environment or harm to human health.
(2) The prohibition in subsection (1)(b) does not apply—
(a) to household waste from a domestic property which is treated, kept or
disposed of by the owner, or the occupier with the permission of the owner,
 within the cartilage of the dwelling or within the boundaries of the owner’s
property; or
(b) in cases prescribed by regulations.
(3) The Minister, in exercising his powers under section 47, shall in particular and
without prejudice to the generality of those powers have regard to the expediency of
excluding from the controls imposed by waste management licences—
(a) any deposits which are small enough or of such temporary nature that they
may be so excluded;
(b) any means of treatment or disposal which are innocuous enough to be so
excluded;
(c) cases for which adequate controls are provided by any other Act.
(4) Any person who contravenes subsection (1), or any condition of a waste
management licence, commits an offence punishable by a fine not exceeding seventy-five
thousand dollars or imprisonment for a term not exceeding twelve months and in the case
of a corporation by a fine not exceeding two hundred thousand dollars.

20. Licences required for existing facilities

(1) The owner of any waste management facility under construction or in operation
on the date of the commencement of this Act shall, subject to section 36(2)(b), be
required to apply to the Minister for a waste management licence under section 19(1)(a).
(2) Any application for a waste management licence under this section shall be
accompanied by an environmental protection plan addressing each of the prescribed
issues and a disaster preparedness response plan for action that the applicant will take in
the event of an accident, a spill or a natural disaster.
(3) Without prejudice to the requirements of any other law which may be applicable
to the owner of a waste management facility under subsection (1), every such owner shall
be deemed at the date of the commencement of this Act to hold a waste management
licence under subsection (1)(a) which shall expire one year after the commencement of
this Act.

21. Licences for proposed waste management facilities

(1) In the case of a new or proposed waste management facility other than one to
which section 36(2)(b) applies, the applicant shall be required, before obtaining an
environmental impact assessment approval under section 15(1)(a) and prior to
construction, to obtain a waste management licence from the Minister.
(2) The Minister may issue a licence on an application under subsection (1), but the
licence shall be conditional on compliance with the environmental impact assessment
requirements under sections 11 to 14 and on the submission of a disaster preparedness
response plan for action that the applicant will take, during the construction or operation
of the facility, in the event of an accident, a spill or a natural disaster.

22. Application for a waste management licence

(1) An application for a waste management licence shall be made to the Minister in
the form and accompanied by the fee, prescribed by regulations.
(2) The Minister shall, subject to the other provisions of this section and to section 23,
grant the licence applied for under subsection (1) within ninety days of the date on which
the application is received unless the Minister is satisfied that rejection of the application
is necessary for the purpose of preventing—
(a) pollution of the environment;
 (b) harm to human health; or
(c) serious detriment to the amenities of the locality.
(3) The Minister may, subject to subsection (5), refuse to issue a licence if in
conformity with the waste strategy under section 5(4) he considers that the approval could
result in the proliferation of waste management facilities in excess of the needs of the
State.
(4) The Minister may subject to subsection (5) refuse to issue a licence for the operation
of a landfill or incinerator for the purpose of accepting or processing waste on contract if he
considers that such facilities ought to be reserved for operation by the Authority.
(5) Subsections (3) and (4) shall not apply to an application under section 20(1).
(6) Where the Minister proposes to issue a licence, the Minister shall, before doing
so—
(a) refer the application within fifteen days of receiving it for written comments
to the scheduled agencies;
(b) consider any submission or representation made in respect of the application
by any person or body;
(c) ensure as far as practicable that affected landowners have been consulted and
consent to those aspects of the proposed activities or development which in
law require such consent.

23. Issue of waste management licences

(1) A waste management licence shall specify as a condition of the licence the land on
which the licensee may operate a waste management facility, and use by the licensee for
that purpose of any other land shall require a separate licence, or a licence issued on re-
application.
(2) A waste management licence issued for a use of land in which planning
permission is required in pursuant of this Act is conditional on the grant of such planning
permission.
(3) Compliance with the prescribed general design and operating standards for waste
management facilities is a condition of every waste management licence.
(4) A waste management licence shall be issued subject to such conditions as appear
to the Minister to be appropriate for the purpose of conformity with the waste strategy
under section 7(4).
(5) The Minister may, in issuing any licence, specify conditions for the management
of wastes during the construction, operation or decommissioning of any facility.
(6) A waste management licence shall identify in respect of each of the conditions
identified in the licence the competent authority which shall subject to section 43, be
responsible for monitoring the compliance of the applicant with that condition.

24. Licences to be displayed

(1) Every waste management licence shall be retained by the licensee for inspection
upon demand by the Minister or any authorised officer under section 43(1).
(2) Subject to sections 30(7) and 31, any licensee under section 22(2) who fails to
comply with the conditions of the licence under section 23 commits an offence
punishable on conviction by a fine not exceeding one hundred and twenty thousand
dollars.

25. Waste haulage permits

 (1) Subject to subsection (2) and section 32, a person shall not transport waste in the
course of business unless that person is the holder of a current waste haulage permit
issued by the Minister.
(1a) A person who transports waste in the course of business without a waste haulage
permit commits an offence and is liable on conviction to a fine not exceeding two
thousand dollars.
[Subsection (1a) inserted by Act No. 26 of 2005.]

(2) The requirement in subsection (1) does not apply to the transportation of waste—
(a) undertaken by the holder of a waste management licence;
(b) in vehicles of a weight of less than one half ton by a person carrying on a
business, which waste is generated in the course of the other activities of the
business;
(c) generated by activity in the vehicle in which the waste is being transported;
(d) under such other exempted circumstances as may be prescribed by
regulations.
(3) An application for a waste haulage permit shall be made to the Minister in the
form and accompanied by the fee prescribed by regulations.
(4) The Minister shall subject to the other provisions of this section and to section 26
issue a waste haulage permit applied for under subsection (3) within ninety days of the
date on which the application is received unless the Minister is satisfied that rejection of
the application is necessary for the purpose of preventing—
(a) polluting of the environment;
(b) harm to human health or safety; or
(c) any danger or hazard to public highways or traffic.
(5) Where the Minister proposes to issue a waste haulage permit, the Minister shall,
before doing so—
(a) refer the application for written comments to the scheduled agencies;
(b) give notice of the application by publication in the Gazette inviting
comments to be received by the Minister within thirty days of such
publication;
(c) consider any submission or representation made in relation to the application
received before the expiry of the period in paragraph (b).

26. Issue of waste haulage permits

(1) A waste haulage permit shall be issued subject to such conditions as appear to the
Minister to be appropriate for the purpose of conformity with the waste strategy under
section 5(4).
(2) A waste haulage permit shall expire at such date not later than one year after the
date of issue as the Minister shall require as a condition of the permit.
(3) A waste haulage permit shall specify as a condition of the permit the waste
management facility or facilities to which the transportation of waste is permitted.
(4) The Minister may, in issuing any waste haulage permit, specify conditions
additional to those in subsections (1) to (3) including—
(a) requirements relating to the maintenance of vehicles in good operating
condition;
 (b) requirements for the management of wastes during transportation to ensure
that the waste is properly covered and secured until it is deposited at a waste
management facility permitted to accept the waste;
(c) requirements concerning the maintenance of insurance sufficient to provide
for the cleaning up of spills or other pollution accidents that might occur;
(d) minimum experience for driver employment qualification;
(e) minimum requirements for training of drivers in management of accidents
and disasters.
(5) Nothing in this Act exempts the owner or operator of any vehicle from the
requirements of any other Act.

27. Permits to be displayed

(1) Every holder of a waste haulage permit shall keep the permit in or on the vehicle
in a position which may be prescribed by regulations or so that the permit may be easily
seen from the exterior of the vehicle.
(2) A holder of a permit under section 25(4) who fails to comply with the conditions
of the permit under section 26 commits an offence and on conviction is liable to a fine not
exceeding fifty thousand dollars.

28. Cancellation and suspension of licences and permits

(1) The Minister may cancel or suspend a waste management licence or a waste
haulage permit in the event of a violation of a condition by the licensee or permit holder,
which poses an imminent danger of serious environmental damage.
(2) The Minister shall give notice of fifteen days to the holder of a licence or permit
requiring the holder to remedy a violation of the terms of the licence or permit, at the
expiry of which time period the Minister may either cancel or suspend the licence or
permit.
(3) Where a waste management licence or permit is cancelled or suspended under
subsection (2) or (3), the former licensee or holder of the permit shall be responsible
during the off-licence period or off-permit period for the security of all waste, property
and equipment affected by the cancellation or suspension of the licence or permit and the
authorisation of waste management under the cancelled or suspended licence or permit
shall apply notwithstanding the cancellation or suspension of action required by the
licensee or former licensee under this section.
(4) The Minister may at any time after the cancellation or during the period of
suspension of a licence or permit under subsections (2) to (3) require a past or present
licensee or holder of a permit to allow the collection of any waste as the Minister may
direct.
(5) A licensee whose licence has been cancelled or suspended who fails to secure
waste, property or equipment under subsection (3) or who fails to allow the collection of
waste under subsection (4) commits an offence and is liable on conviction to a fine not
exceeding one hundred thousand dollars.
(6) Where the Minister cancels or suspends a waste haulage permit under
subsections (2) to (3), the Minister shall give directions as to the waste management
facility at which any waste which is in the possession of the former permit holder or
holder of a suspended permit shall be transported and the former permit holder or holder
of a suspended permit shall comply with these directions.
(7) A former permit holder or the holder of a suspended permit who fails to comply
with directions under subsection (6) or to allow the collection of waste under subsection (4)
commits an offence and is liable on conviction to a fine not exceeding thirty-five
thousand dollars or to imprisonment for a term not exceeding twelve months.
(8) In this section, “off-licence period” or “off-permit period” means, as the case may
be, the period of six months after the cancellation of waste management licence or a waste
haulage permit, provided that the period ceases on any earlier expiry of the suspension.

29. Register of licences and permits

(1) The Minister shall maintain a register of all licences and permits granted under
this Act.
(2) The register in subsection (1) shall be available for public inspection on the
payment of such reasonable fee as may be prescribed by regulations.
(3) A licence granted under this Act does not authorise the commission of any nuisance.

30. Contingency plans

(1) Every waste management licensee shall review his disaster preparedness response
plan under section 20(2) or 21(2) annually and not later than March in any year.
(2) The Authority shall, subject to the directions of the Minister, prepare and maintain
contingency plans for—
(a) the restoration of waste management services following a hurricane; and
(b) actions that will be taken in the event of landfill flooding, waste haulage
vehicle accident, spillage of waste and other disruptions to daily waste
management services.
(3) In preparing the contingency plans, the Minister and the Authority shall seek to
ensure that those plans are in conformity with the National Disaster Preparedness
Response Plan under the National Disaster (Relief) Act.
[Chapter 277 of the Revised Laws 1990 Edition.]

31. Liability in the event of accidents

(1) In the event of any harm to human health, safety or the environment caused
through the failure of the holder of any waste management licence or waste haulage
permit to exercise due diligence in the management or transportation of any waste, the
holder of a licence or permit shall be liable for damage at the suit of—
(a) any person injured; and
(b) the crown for compensation—
(i) for loss to Crown property, and
(ii) for its expenses in mitigating the harm to human health, safety or the
environment.
(2) In the event of any harm to human health, safety or the environment caused
through failure of the holder of any waste management licence or waste haulage permit to
exercise special care in the management or transportation of any waste during a situation
caused by any accident or in times of emergency under section 32, that holder of a licence
or permit shall be liable as in subsection (1).
(3) The onus of proving the exercise of due diligence or special care, as the case may
be, under this section lies on the holder of the licence or permit.
(4) In the event of a spillage of waste in the course of the transportation of the waste
by the holder of a waste haulage permit, that permit holder shall promptly have the
spillage cleaned up and transported to a waste management facility permitted to accept
the waste.
(4a) A person who fails to comply with subsection (4) commits an offence and is
liable on conviction to a fine not exceeding seventy-five thousand dollars.
[Subsection (4a) inserted by Act No. 26 of 2005.]

(5) If no waste management facility is available which is permitted to accept the

waste referred to under subsection (4), the operator of any waste management facility to
which the holder of the waste haulage permit under subsection (4), transports the waste
shall co-operate with that permit holder to ensure the safe storage and management of the
spill material until a waste management facility becomes available which is permitted to
accept the waste.
(6) Any cost incurred by the operation of the waste management facility who
temporarily stores waste under subsection (5) shall be met by the holder of the waste
haulage permit.
(7) Any action taken by the operator of a waste management facility under
subsection (5) shall be deemed to comply with the terms of the waste management
licence under which that waste management facility is operated.

32. Emergency powers of Minister

(1) During any state of emergency under section 17 of the Constitution, the Minister
may require any person to take any action that the Minister considers reasonably
necessary for the safe management of solid waste.
(2) Whether or not a state of emergency referred to at subsection (1) exists in the
event that at any time there is no holder of a waste management licence or a waste
haulage permit available for the management or transportation, the Minister shall be
responsible for ensuring the management or transportation of such waste, and any person
authorised by him in writing under this subsection shall be authorised to manage or
transport any solid waste.
(3) Any person acting pursuant to a requirement under subsection (1) or authorised by
the Minister under subsection (2), as the case may be, shall recover from the Crown the
expenses incurred by that person in so acting.

PART VI

Waste Management Operations

33. Prohibition on importation of wastes

(1) No person shall import into the State any waste other than—
(a) waste governed by the Marine Pollution Management Act, 2000, imported
under conditions authorised by that Act;
(b) waste generated on board any aircraft landing in the State no earlier than
twenty-four hours before the time of such landing;
(c) material other than hazardous waste which is imported under conditions
prescribed by regulations for the purposes of any manufacturing process.
(2) A person who imports into the State any waste contrary to subsection (1), commits
an offence and on conviction is liable—
(a) on indictment to imprisonment for a term not exceeding five years or to a
fine not exceeding one million dollars;
 (b) summarily to a fine not exceeding two hundred and fifty thousand dollars.
(3) A person who imports any waste contrary to subsection (1), whether or not that
waste is hazardous waste, commits an offence and is liable on conviction to a fine not
exceeding one hundred and fifty thousand dollars.

34. Liability for and ownership of waste

When solid waste which—
(a) is not in a container;
(b) is in a container,
is moved in the case of paragraph (a) by the owner to another person’s premises or in the
case of paragraph (b) is moved from the container to another person’s container or
property by mutual consent, ownership and possession of the solid waste passes to the
other person at the time when the solid waste is moved from the premises of the original
owner or at the time when the solid waste is moved from the original container.
(2) When solid waste is being transferred from any premises or container, the person
undertaking the transfer shall—
(a) ensure that the transfer presents no risk of harm to human health, safety or to
the environment;
(b) be liable for any harm to human health, safety or the environment which
may arise as a result of such transfer.

35. Requirements for waste handling, separation and processing

(1) Every occupier of land and every person in control of a vehicle for waste disposal
shall comply with the requirements—
(a) for waste handling, separation and processing; and
(b) prohibiting the disposal of specific types of waste for which a re-use,
recycling or compositing alternative is available,
prescribed by this Act or regulations made under this Act.
(2) A person who fails to comply with the requirement prescribed by this Act or
regulations made under this Act commits an offence and is liable on conviction to a fine
not exceeding fifty thousand dollars or to imprisonment for a term not exceeding twelve
months, or to both such fine and imprisonment.

36. Industrial, commercial and institutional waste generators

(1) A person who conducts industrial, commercial or institutional operations in the
course of which waste is generated shall make his own arrangements for waste
management, and shall ensure that any waste generated does not present a risk to human
health, safety or the environment.
(2) For the purpose of giving effect to the requirements of subsection (1), a person
may, in addition to or instead of contracting with other holders of licences or permits—
(a) himself transport waste to a waste management facility subject to the permit
requirements in this Act;
(b) construct and operate an on-site waste management facility that has been
approved by the Minister,
on condition that the management, transportation and disposal of the solid waste comply
with prescribed standards and guidelines.
 (3) In the event that appropriate facilities are not available in the State for managing
hazardous or any other class of waste, persons who conduct industrial, commercial and
institutional operations in the course of which waste is generated shall be responsible for
the safe management of the waste on their premises or the export of the waste to
appropriate facilities.

37. Waste storage requirements

(1) Every occupier of premises in which waste is at any time stored shall store that
waste in containers that prevent the escape of water, liquids or objectionable levels of
odour, and which prevent infestation by pests or vermin.
(2) Any occupier of premises on which waste is generated and not disposed of on the
premises shall comply with such schedule as may be prescribed by regulations for making
that waste available for collection for transportation to a waste management facility.

38. Management of used oil

(1) Within twelve months after the commencement of this Act or as early thereafter as
is possible the Authority shall prepare a scheme, in consultation with importers and
distributors of oil, for the establishment of a used oil management system that provides
for the environmentally-secure management of used oil generated in the State.
(2) When the scheme for the used oil management system has been prepared by the
Authority under subsection (1), it shall be submitted to the Minister for approval.
(3) The scheme as approved by the Minister under subsection (2), shall be treated as a
variation of the waste strategy under section 9.
(4) With effect from one year after the approval of the variation of the waste strategy
under subsection (3)—
(a) the operator of any garage, any facility selling motor oil and petroleum
products or any service station shall provide used oil storage facilities and
equipment for pumping out used oil from premises used for these purposes
which equipment shall meet such standards as shall be prescribed by
regulations;
(b) the planning authority shall cease to grant development approval for the
construction of any garage, any facility selling motor oil and petroleum
products, or any service station which does not provide used oil storage
facilities and equipment for pumping out used oil which meet such standards
as shall be prescribed by regulations.

39. Illegal dumping of litter or waste

Any person who dumps any litter or waste commits an offence and is liable on
conviction to a fine not exceeding five thousand dollars.

40. Public events

(1) Any person who holds any gathering, meeting or event which is open to the public
and which takes place wholly or in part on Crown lands or who operates a bar, shop or
other business which is open to the public shall supply sufficient litter bins for the event
and shall ensure that all litter on the site is properly disposed of within twenty-four hours
of the end of the event.
[Subsection (1) amended by Act No. 26 of 2005.]

(2) A person who fails to comply with subsection (1) commits an offence and is liable
on conviction to a fine not exceeding fifteen thousand dollars or three months community
service as the Court may direct or to both such fine and community service.
41. Derelict motor vehicles, white goods, etc.
(1) Derelict vehicles, white goods and other scrap metal shall be taken by the owner
to an approved landfill site or other approved site for disposal.
(1a) A person shall not throw, place, drop, leave or otherwise deposit any derelict
vehicles, white goods or other scrap metal—
(a) in or into any public place; or
(b) in or into premises occupied by another without the consent of that other
person.
[Subsection (1a) inserted by Act No. 26 of 2005.]

(2) Any authorised officer may pursuant to section 15 of the Litter Act, 1991, order
the removal of a derelict vehicle when that officer reasonably considers that its location
detracts from the quality of the amenities enjoyed by any owner of property who is not
the owner of the vehicle or that the vehicle in its location constitutes a nuisance in law or
is otherwise a hazard to human health or to the environment.
(3) Where the owner of the derelict vehicle cannot be identified, the authorised officer
may arrange for the removal of the vehicle to an approved site.
(4) The Minister may in consultation with the Minister responsible for Finance offer
to purchase derelict vehicles from their owners for the purpose of resale to the operators
of sites under subsection (1).
(5) Without prejudice to any proceedings under subsections (2), (3) and (4), a person
who fails to comply with subsection (1) or (1a) commits an offence and is liable on
conviction of a first offence to a fine not exceeding ten thousand dollars ($10,000.00) or
on conviction of a subsequent offence to a fine not exceeding twenty thousand dollars
($20,000.00).
[Subsection (5) inserted by Act No. 26 of 2005.]

PART VII

Financing and Cost Recovery

42. Financial Instruments

The Minister responsible for Finance may make regulations creating financial
instruments for the financing of waste management activities implementing the Waste
Strategy and the provisions of this Act.

PART VIII

Monitoring and Enforcement

43. Monitoring and audits

(1) Any competent authority charged with monitoring any aspect of compliance with
a licence or permit under this Act may enter into an agreement with the holder of the
licence or permit, that allows a third party, considered by the Authority to be suitably
qualified, experienced and independent, to monitor such compliance on behalf of both the
holder of the licence or permit and the competent authority.
(2) In cases of audits or inspections by a third party pursuant to subsection (1), the
third party shall submit all reports simultaneously to both the holder of the licence or
permit and the competent authority.
 (3) A competent authority charged with monitoring any aspect of compliance with a
licence or permit under this Act may engage by contract any person, considered by the
competent authority to be suitably qualified, experienced and independent, to monitor any
aspect of the compliance by the holder of the licence or permit.

44. Appointment and powers of authorised officers

(1) The Minister may designate public officers and officers of scheduled agencies as
authorised officers for the purpose of this Act.
(2) Every police officer is an authorised officer under this Act.
(3) An authorised officer may at any time enter and inspect any waste management
facility to verify compliance with this Act.
(4) A magistrate may issue an order authorising the inspection of domestic property
under section 19(2)(a) where an authorised officer satisfies the magistrate that there is
reasonable cause to suspect that such inspection will find evidence of any contravention
of this Act.
(5) A police officer may, in order to verify possession of and compliance with any
condition of a waste haulage permit, stop and inspect any vehicle reasonably believed to
be transporting waste.
(6) Any police officer or other authorised officer may on the direction of the Minister
inspect any aeroplane or ship within twenty-four hours of its arrival to—
(a) verify whether the aeroplane or ship has waste on board; and
(b) take the measures necessary to ensure that any waste on board is not off-
loaded contrary to the requirements of this Act.
(7) An authorised officer other than a police officer in uniform shall produce
identification on demand before conducting any inspection under this section.
(8) Identification under this section shall include a photograph of the authorised
officer, which photograph shall be authenticated by the signature of a public officer
authorised for the purpose by the Minister.
(9) Any person who assaults or obstructs any police officer or other authorised officer
in the discharge of his functions under this Act commits an offence and is liable on
conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not
exceeding twelve months, or to both such fine and imprisonment.

45. Due diligence defence

(1) The Minister may by Order, list any published compilation of waste management
standards as a recognised compilation of standards for the purpose of measuring the
standard of due diligence under this Act.
(2) In the event of a default by a holder of a waste management licence in compliance
with the conditions of the licence, it shall suffice to establish due diligence for the holder
to show compliance with a compilation of standards under subsection (1).
(3) Where a solid waste management facility is located in a particular geographic area
the residents of that locality may constitute a non-governmental organisation for the
purpose of monitoring the operations of the facility to ensure compliance with the licence
or permit under which the facility should operate.
(4) Every such non-governmental organisation shall upon being incorporated by Act
of the House of Assembly become entitled to receive financial support from the
Consolidated Fund.
 (5) The Minister shall make rules for the purpose of determining the amount and the
conditions under which such financial support is made to any non-governmental
organisation incorporated under this section.

46. Penalties
A person who commits an offence under this Act, for which offence a penalty is not
specified shall be liable on the first conviction for that offence to a fine not exceeding
seventy-five thousand dollars or to imprisonment for a term not exceeding twelve months
and on a subsequent conviction to a fine not exceeding one hundred and fifty thousand
dollars and thereafter an amount of two hundred dollars for each day the offence
continues after conviction.

47. Power to institute proceedings

Where an offence is created by this Act, the planning authority, a member of the
Police Force or any other person authorised in writing by the Minister may, in respect of
that offence, institute proceedings in a court of law.

47A. Payment of penalty without prosecution

(1) Where the planning authority, a member of the Police Force or any other person
authorised in writing by the Minister has reason to believe that a person is committing or
has committed a prescribed offence, other than the offence which may be prosecuted only
on indictment, he may serve that person a ticket within five (5) days after the date on
which the offence is believed to have been committed.
(2) A ticket issued under subsection (1) shall offer the person the opportunity to
discharge any liability to conviction for the offence by payment of the fixed penalty
specified therein.
(3) Where a person is given a ticket under this section in respect of an offence—
(a) proceedings shall to be instituted before the expiration of fourteen days
following the date of the ticket;
(b) he shall not be convicted of the offence if the fixed penalty is paid before the
expiration of the period specified in paragraph (a).
(4) A ticket shall—
(a) specify the offence alleged;
(b) give particulars of the offence as are necessary for giving reasonable
information of the allegation;
(c) state the period during which, by virtue of subsection (3), proceedings will
not be instituted for the offence;
(d) the amount of the fixed penalty;
(e) the address at which the fixed penalty may be paid.
(5) The fixed penalty shall—
(a) not exceed the maximum amount enacted in respect of the offence;
(b) be such sum as the Minister may by regulations prescribe.
(6) The fixed penalty may be payable at the magistrate’s court or a revenue office to
the Accountant-General and a certified receipt indicating that the fixed penalty was paid
by the specified date shall, unless the contrary is proved, be sufficient evidence of the
proof of payment.
 (7) Where a person fails to discharge any liability to conviction for an offence by
payment of the fixed penalty, notwithstanding any other law, for the purposes of
instituting annual proceedings under section 70 of the Criminal Procedure Code, the
ticket shall be deemed to be a complaint.
[Section 47A inserted by Act No. 26 of 2005.]

PART IX

Miscellaneous

47B. Appeal
(1) A person who is aggrieved by a decision of the Minister under this Act, including
a decision to refuse, revoke or suspend a licence or permit, may within twenty-one days
of the decision, give notice to the Minister of an appeal against the decision.
(2) The Cabinet may constitute a Tribunal consisting of one or more persons, but not
exceeding three (3), to hear and determine any appeal referred to it by the Minister arising
from a notice under subsection (1).
(3) The Tribunal shall hear and determine an appeal within two (2) months from the
date that the appeal is referred to it.
(4) The Tribunal may regulate its own procedure.
(5) An appeal may lie from a decision of the Tribunal to the High Court.
(6) The Tribunal shall furnish a written copy of its decision to the parties to the
proceedings.
[Section 47B inserted by Act No. 26 of 2005.]

48. Regulations
The Minister may make regulations generally for the purpose of implementing the
provisions of this Act, and, in particular and without prejudice to the generality of the
foregoing, may make regulations regarding—
(a) the procedure and process by which the waste strategy will be developed and
updated;
(b) the procedure and process through which environmental impact assessments
will be undertaken in support of the development of waste management
facilities;
(c) the procedure, process, conditions or requirements of the waste management
facility and waste haulage licence and permit system under this Act and the
licences and permits themselves;
(d) requirements for waste handling, separation and processing;
(e) any aspect of the operation of the Authority in so far as those operations
relate to the management of solid waste;
(f) requirements for waste storage and waste storage receptacles;
(g) the planning, implementation, operation and control of facilities for the
reutilisation of waste or recycling of waste;
(h) the import of used, second-hand, refurbished or reconditioned goods;
(i) the enforcement of any aspect of this Act;
(j) the introduction of new forms of levy or fee;
 (k) public education in support of waste or secondary resources management;
(l) training of human resources;
(m) standards and guidelines for the management, transportation and disposal of
solid waste;
(n) the general design and operating standards for waste management facilities;
(o) the list of issues to be covered in an environmental plan for submission for a
waste management licence;
(p) anything required by this Act to be prescribed.

49. Application to Crown

This Act binds the Crown.

First Schedule
[Section 2.]

Wastes Classified as Hazardous Waste

PART I
Waste Streams—
Y1 Clinical wastes from medical care in hospitals, medical centres and clinics
Y2 Wastes from the production and preparation of pharmaceuticals products
Y3 Waste pharmaceuticals, drugs and medicines
Y4 Wastes from the production, formulation and use of biocides and phyto-
phamaceuticals
Y5 Wastes from the manufacture, formulation and use of wood preserving
chemicals
Y6 Waste from the production, formulation and use of organic solvents
Y7 Waste from heat treatment and tempering operations containing cyanides
Y8 Waste mineral oils unfit for their original intended use
Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions
Y10 Wastes substances and articles containing or contaminated with
polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs)
and/or polybrominated biphenyls (PBBs)
Y11 Waste tarry residues arising from refining, distillation and any pyrolytic
treatment
Y12 Waste from production, formulation and use of inks, dyes pigments, paints,
lacquers, varnish
Y13 Waste from production, formulation and use of resins, latex, plasticizers,
glues/adhesives
Y14 Waste chemicals substances arising from research and development or
teaching activities which are not identified and/or are new and whose effects
on man and/or the environment are not known
Y15 Waste of an explosive nature not subject to other legislation
 Y16 Waste from production, formulation and use of photographic chemicals and
processing materials
Y17 Wastes resulting from surface treatment of metals and plastics
Y18 Residues arising from industrial waste disposal operations
Waste Having as Constituents—
Y19 Metal carbonyls
Y20 Beryllium; beryllium compounds
Y21 Hexavelant chromium compounds
Y22 Cooper compounds
Y23 Zinc compounds
Y24 Arsenic; arsenic compounds
Y25 Selenium; selenium compounds
Y26 Cadmium; cadmium compounds
Y27 Antimony; antimony compounds
Y28 Tellurium; tellurium compounds
Y29 Mercury; mercury compounds
Y30 Thallium; thallium compounds
Y31 Lead; lead compounds
Y32 Inorganic fluorine compounds excluding calcium fluoride
Y33 Inorganic cyanides
Y34 Acidic solutions or acids in solid form
Y35 Basic solutions or bases in solid form
Y36 Asbestos (dust and fibres)
Y37 Organic phosphorus compounds
Y38 Organic cyanides
Y39 Phenols, phenol compounds including chlorophenols
Y40 Ethers
Y41 Halogenated organic solvents
Y42 Organic solvents excluding halogenated solvents
Y43 Any congener or polychlorinated dibenzo-furan
Y44 Any congener of polychlorinated dibenzo-p-dioxin
Y45 Organohalogen compounds other than substances referred to in this Schedule
(e.g. Y39, Y41, Y42, Y43, Y44).
Y46 Wastes collected from households
Y47 Residues arising from the incineration of household wastes
Other Radioactive Wastes

PART II
[Numbering as per the Revised Laws, 1990 Edition.]

List of Hazardous Characteristics

UN CLASS CODE CHARACTERISTICS
1. H1 Explosive
An explosive substance or waste is a solid substance or waste (or mixture of
substances or wastes) which is in itself capable by chemical reaction of
producing gas at such a temperature and pressure and at such speed as to
cause damage to the surroundings.
3. H3 Flammable liquids
The word “flammable” has the same meaning as “inflammable”.
Flammable liquids are liquids, or mixtures of liquids, or liquids containing
solids in solution or suspension (for example, paints, varnishes, lacquers,
etc., but not including substances or wastes otherwise classified on account
of their dangerous characteristics) which give off a flammable vapour at
temperatures of not more than 60.5 degrees C closed-cup test, or not more
than 65.6 degrees C open-cup test. (Since the results of open-cup tests and of
closed-cup tests are not strictly comparable and even individual results by
the same test are often variable, regulations varying from the above figures
to make allowance for such differences would be within the spirit of this
definition).
4.1 H4.1 Flammable Solids
Solids, or waste solids, other than those classed as explosives, which under
conditions encountered in transport are readily combustible or may cause or
contribute to fire through friction.
4.2 H4.2 Substances or wastes liable to spontaneous combustion
Substances or wastes which are liable to spontaneous heating under normal
conditions encountered in transport, or to heating up on contact with air, and
being then liable to ignite.
4.3 H4.3 Substances or wastes which, in contact with water, emit flammable
gases
Substances or waste which by interaction with water, are liable to become
spontaneously flammable or to give off flammable gases in dangerous
quantities.
5.1 H5.1 Oxidising
Substances or wastes which, while in themselves not necessarily
combustible, may, generally by yielding oxygen cause, or contribute to, the
combustion of other materials.
5.2 H5.2 Organic peroxides
Organic substances or wastes which contain the bivalent-O-O-structure are
termally unstable substances which may undergo exothermic self-
accelerating decomposition.
6.1 H6.1 Poisonous (Acute)
Substances or wastes liable either to cause death or serious injury or to harm
human health if swallowed or inhaled or by skin contact.
6.2 H6.2 Infectious substances
Substances or wastes containing viable micro organisms or their toxins
which are known or suspected to cause disease in animals or humans.
7. H7 Radioactive Materials
Substances or materials which spontaneously emit a significant radiation and
of which the specific activity is greater than 70kBq/kg(2nCi/g).
 8. H8 Corrosives
Substances or wastes which, by chemical action, will cause severe damage
when in contact with living tissues, or in the case of leakage, will materially
damage, or even destroy, other goods or the means of transport; they may
also cause other hazards.
9.1 H10 Liberation of toxic gases in contact with air or water
Substances or wastes which, by interaction with air or water, are liable to
give off toxic gases in dangerous quantities.
9.2 H11 Toxic (Delayed or chronic)
Substances or wastes which, if they are inhaled or ingested or if they
penetrate the skin, may involve delayed or chronic effects, including
carcinogenicity.
9.3 H12 Ecotoxic
Substances or wastes which, if released, present or may present immediate or
delayed adverse impacts to the environment by means of bio-accumulation
and/or toxic effects upon biotic systems.
9.4 H13
Capable, by any means, after disposal, of yielding another material e.g.
leachate, which possesses any of the characteristics listed above.

Second Schedule
[Section 2.]

Agencies Concerned with Solid Waste Management

1. Central Water and Sewerage Authority;
2. Saint Vincent and the Grenadines Port Authority;
3. Physical Planning and Development Board.

Third Schedule
[Section 3.]

Administration
1. The Authority shall, subject to the other provisions of this Act have general
responsibility for the management of solid waste generated in the State.
2. The functions of the Authority shall pursuant to paragraph 1 be to—
(a) own and, as it considers appropriate and desirable, operate or contact
facilities and equipment for the collection, treatment or processing,
reutilisation, and disposal of solid, non-hazardous waste and quarantine
waste;
(b) as it deems appropriate and desirable, own and operate facilities for, or
otherwise provide for, the management of solid and liquid hazardous wastes
other than quarantine waste, not including sewerage or sewerage sludge;
 (c) provide for the closure, post-closure and remediation, as appropriate and
necessary, of waste management facilities it owns, including those in
Schedule 4;
(d) train its staff in those aspects of waste management for which they are
responsible;
(e) design, implement and maintain a programme of public education on waste
management.
3. The Minister may give general directions to the Authority in relation to the manner of
the discharge of its functions, and the Authority shall comply with all such directions.
4. The Authority may discharge its functions through its employees, agents or
contractors, and may engage in joint ventures for the purpose with such agents or
contractors.
5. The Authority shall be responsible for collection of litter from along roads in Saint
Vincent outside of Kingstown and in the Grenadines.
6. The Authority may work in co-operation with any person or group of persons for the
purposes of paragraph 5 and may in particular and without prejudice to the generality of
the foregoing promote schemes in which the Authority’s co-operating persons or group
undertake to promote and maintain litter-free conditions along defined stretches of road,
and in which the Authority provides for the haulage of litter collected by the co-operating
persons or groups.
7. The Authority shall own and itself, or through a contractor, operate facilities for the
incineration of biomedical wastes and may use those facilities also for incineration of
quarantine wastes. Ash from the incinerator shall be disposed of at a landfill owned by
the Authority.
8. The Authority shall be required to prepare and maintain an operational plan that
identifies—
(a) facility and equipment needs over a 20 year period;
(b) staffing requirements over a 5 year period;
(c) training requirements over a 5 year period;
(d) capital cost requirements over a 20 year period;
(e) recurrent costs requirements over a 5 year period;
(f) a financing and cost recovery plan sufficient to meet the capital and
recurrent cost projections identified.
9. The operational plan shall be updated annually and shall be submitted to Cabinet by
the Minister responsible for the Authority.
10. Where hazardous waste management facilities are owned or operated by the
Authority, the Authority shall seek to ensure by its level of charges to users of those
facilities that the revenue from the operation of those facilities covers all the costs of
those facilities.
11. The Authority shall determine the types of waste it will receive at any facility it
owns or operates. The Authority may require that wastes be separated or prepared
according to the requirements of the Authority and that facilities owned or operated by
the Authority will not be obligated to receive wastes unless they are so separated or
prepared.
12. (1) The Authority shall keep proper accounts records in relation to the accounts and
shall within three months after the end of each financial year prepare in respect of that
financial year a statement of accounts in such form as the Minister responsible for
Finance may direct, being a form which shall conform with the best commercial
standards.
 (2) All accounts under subparagraph (1) shall show the amounts received and
disbursed for the purposes of solid waste management, including an apportionment of
overhead costs and unapportioned receipts conforming with the commercial standards, in
a manner permitting those receipts and disbursements for solid waste management,
adjusted for the apportionment, to be identified separately from other receipts and
disbursements.
13. (1) The Authority shall prepare and revise at intervals not longer than thirteen
months—
(a) a programme for discharging the Authority’s functions under paragraph 2(d);
and
(b) a programme for discharging the Authority’s functions under paragraph 2(e).
(2) Any programme under paragraph (1) may be implemented jointly with any other
compatible programme of staff training or public education undertaken by the
Government.
14. (1) The Authority shall establish and maintain a reserve fund.
(2) The management of the fund, the sums to be carried from time to time to its credit
and the application thereof shall be as the Authority shall direct, but—
(a) no part of the fund shall be applied otherwise than for the purposes of the
Authority;
(b) the Minister responsible for Finance may give to the Authority such
directions as he thinks fit as to any matter relating to the establishment or
management of the fund, the carrying of sums to its credit, or the application
thereof, and the Authority shall comply with the directions.

Fourth Schedule
[Section 4.]

Solid Waste Management Facilities Vested in the Authority

CHAPTER 419
WASTE MANAGEMENT ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Solid Waste Management Regulations

Solid Waste Management Regulations

SRO 11 of 2006
 ARRANGEMENT OF REGULATIONS

PART I

Preliminary
1. Citation.
2. Interpretation.
3. Purpose.

PART II

Standards for Waste Management Operations

4. Waste storage requirements.
5. Identification of waste container.
6. Use of waste container.
7. Responsibility and frequency of waste removal.
8. Separation or disposal of waste.
9. Residential waste.
10. Derelict vehicles.
11. Waste tyres.
12. Used oil.
13. Special waste.
14. Biomedical waste.
15. Classification of waste.

PART III

Licences and Permits

16. Categories of permits.
17. General requirements.
18. Contents of application for waste management licence.
19. General waste haulage permit.
20. Special waste haulage permit.
21. Waste recovery permit.
22. Refusal of licences or permits.
23. Duration.
24. Amendment of licence or permit.
25. Review.
26. Surrender of waste management licence.
27. Surrender of waste haulage permit.
28. Transfer of waste management licence.
29. Prohibition of transfer of permit.
30. Fees.

PART IV

Operational Standards for Licence and Permit Holders

31. Responsibilities of waste facility operator.
32. Responsibilities of general waste haulage permit holder.
33. Responsibilities of special waste haulage permit holder.
34. Amendment of waste management plan.
35. Types of vehicles, etc.
36. Restriction on use of vehicle.
37. Vehicle used in general waste haulage.
38. Open vehicles to be covered.
39. Parking of vehicles.
40. Identification of operator.
41. Equipment.
42. Inspection of equipment.
43. Spillage.

PART V

Requirements for Solid Waste Management Facilities

44. Facility maintenance and operation.
45. Control programme for unauthorised waste.
46. Access.
47. Control of wind blown waste.
48. Dust control.
49. Odour control.
50. Roads.
51. Noise levels.
52. Liquid waste.
53. Open burning.
54. Annual report.
55. Services.
56. Records.

PART VI

Environmental Standards
57. Environmental parameters.
58. Decomposition gases.
59. Surface water control system.

PART VII

Waste Management Facility Closure Requirements

60. Closure plan.
61. Closure criteria.
62. Post-closure requirements.

PART VIII

Monitoring and Enforcement

63. Complaints.
64. Monitoring.
65. Inspection of records.
66. Notices.
67. Notice of compliance.
68. Ticketing.
69. Refund of performance bond.
First Schedule Fees
Second Schedule Penalty
Third Schedule Ticket

SOLID WASTE MANAGEMENT REGULATIONS

In exercise of the powers conferred by section 48 of the Waste Management Act, No.
31 of 2000, the Minister makes the following Regulations.
 [SRO 11 of 2006.]

[Date of commencement: 23rd May, 2006.]

PART I

Preliminary

1. Citation
These Regulations may be cited as the Solid Waste Management Regulations, 2006.

2. Interpretation
In these Regulations, unless the context otherwise requires—
“Authority” means the National Solid Waste Management Authority appointed
under section 3 of the principal Act;
“biomedical waste” includes any solid waste containing human or animal fluids,
flesh, bones or other body parts except hair;
“commercial waste” means garbage, refuse, organic waste, scrap metal or other
solid materials discarded from—
(a) business establishments or commercial activities such as stores, markets,
offices, restaurants, sporting facilities and recreational facilities;
(b) construction and demolition sites;
“common waste container” means a container for solid waste provided by the
Authority for use by multiple residential premises;
“disaster preparedness response plan” means a plan addressing the action to be
taken in the event of a man-made or natural disaster during and after the construction
of a waste management facility that is required to be maintained pursuant to regulation
18;
“garbage” includes kitchen waste, table food waste, animal waste, vegetable waste
that results from the storage, preparation, cooking or handling of food;
“gas condensate” means liquid generated as a result of a gas recovery process at a
waste management facility;
“generators” includes residential, industrial or commercial producers of solid
waste;
“green waste” includes lawn clippings, prunings, leaves, weeds, dead branches or
any other organic waste;
“hazardous waste” means any material that belongs to any category contained in
Part I of the First Schedule, unless it does not possess any of the characteristics
contained in Part II of the First Schedule of the principal Act;
“industrial waste” means garbage, refuse, organic waste, scrap metal or other
solid materials discarded from industrial establishments or operations;
“institutional waste” means garbage, refuse, organic waste, scrap metal or other
solid materials discarded from institutional establishments such as government
agencies and educational facilities;
“lower explosive limit” means the lowest percent by volume of a mixture of
explosive gases in air that will propagate a flame at 25 degrees Celsius and
atmospheric pressure;
 “principal Act” means the Waste Management Act;
[Chapter 419.]

“putrescible waste” includes waste that is capable of being decomposed by micro-

organisms with sufficient rapidity as to cause nuisances;
“sharps” includes hypodermic needles, blades and slides;
“special waste” means ship-generated waste or hazardous waste;
“waste facility operator” means an owner or operator of a waste management
facility who is issued a licence pursuant to the principal Act and these Regulations.

3. Purpose
The purpose of these Regulations is to prevent the risk of harm to human health, safety
and the environment by establishing minimum standards for the handling of solid wastes.

PART II

Standards for Waste Management Operations

4. Waste storage requirements

(1) The occupier of premises in which waste is at any time stored shall store the waste
in waste containers which are non-absorbent, waste-tight, vector-resistant, durable, easily
cleanable and designed for safe handling, or in paper or plastic bags, as may be
appropriate, having sufficient strength and water tightness and which are designed for the
storage of waste.
(2) The occupier of premises in which waste is at any time stored shall ensure that
waste containers are of adequate sizes and quantities to contain, without overflowing, all
waste generated in respect of the use of the premises.
(3) The occupier of premises in which waste is at any time stored shall ensure that
when a waste container is filled it does not exceed a quantity greater than that which may
reasonably be lifted by a physically fit individual, except where a mechanical loading
system is used for lifting.
(4) The occupier of premises shall ensure that waste containers are kept in a clean,
safe condition, free from residue caused by putrescible waste, covered at all times and are
located so as not to cause a nuisance to the occupiers of adjacent property.
(5) The occupier of premises shall use separate waste containers or separate
compartments of waste containers for the storage of the following types of wastes—
(a) hazardous waste;
(b) putrescible waste;
(c) industrial waste;
(d) commercial waste;
(e) institutional waste; and
(f) special waste.
(6) A person who owns premises containing four or more residential or commercial
units shall ensure that adequate space is provided for the storage of waste containers by
the occupier of each of the units in the premises.
 (7) The occupier of premises in which waste is at any time stored shall ensure that
waste containers are stored within the boundaries of the premises until 6.00 a.m. on the
designated day for waste collection.

5. Identification of waste container

The holder of a waste haulage permit who provides waste containers for use shall
ensure that each waste container of a size of one cubic yard or more is marked with the
name and telephone number of the holder of the waste haulage permit.

6. Use of waste container

(1) A person shall not tamper with, modify or remove solid waste from a waste
container which is provided for use as a waste container by a holder of a waste haulage
permit without the permission of the holder of the waste haulage permit.
(2) A person who contravenes subregulation (1) commits an offence and is liable on
conviction to a fine not exceeding two hundred and fifty dollars.

7. Responsibility and frequency of waste removal

(1) The Authority shall implement a seven day collection cycle for waste generated in
respect of the use of premises and not disposed of on the premises and for which the
principal Act makes no requirement for a person to make his own arrangements for waste
management.
(2) The occupier of premises shall not allow waste to remain on the premises for more
than seven days except when—
(a) a disruption due to strike occurs;
(b) a natural or man-made disaster makes collection impossible;
(c) an official holiday interrupts the normal seven day collection cycle; or
(d) any similar event occurs which makes collection impossible.
(3) Notwithstanding subregulation (2), where the Authority considers it necessary, a
system of more frequent removal of waste may be implemented.

8. Separation or disposal of waste

A person who generates waste or transports waste to a waste management facility
shall comply with the following requirements for the separation or disposal of waste—
(a) flatten cardboard boxes;
(b) mix and properly contain waste which is particulate in nature with a binding
agent;
(c) transport green waste separately from other waste.

9. Residential waste
(1) The Authority shall ensure that common waste containers are placed in
appropriate places along the main roads for the collection of waste generated by
residential premises which are located in areas that are inaccessible to waste collection
vehicles.
(2) The occupier of residential premises which are located in areas that are
inaccessible to waste collection vehicles shall ensure that the waste generated by the use
of the premises is transported to and disposed of in common waste containers or at a
waste management facility.
 (3) The occupier of residential premises shall on the day designated by the Authority,
place a waste container in front of the premises in a place that is accessible to a waste
collection vehicle and shall remove the empty waste container from where it was so
placed within twelve hours of the collection of the waste.
(4) Where waste cannot be collected on the date designated for waste collection, the
occupier of residential premises shall remove the waste container before 6.00 p.m. on the
day designated for waste collection.
(5) For the purposes of this regulation, the Authority may make designations in any
manner which is appropriate to bring information to the notice of the public.
(6) A person who contravenes this regulation commits an offence and is liable on
summary conviction to a fine not exceeding fifty dollars.

10. Derelict vehicles

Derelict vehicles, white goods and other scrap metals that are taken to a landfill or
other approved site for disposal shall be dismantled, cut up and baled for recycling.

11. Waste tyres

(1) A tyre retailer may store a maximum of one hundred waste tyres on his premises
without applying for a waste management licence.
(2) A person who stores a maximum of one hundred waste tyres may transport the
waste tyres to an approved waste management facility without a permit.
(3) A person shall not deposit waste tyres in a landfill unless the waste tyres are cut,
chipped, shredded or otherwise permanently reduced in volume.
(4) A person shall not dispose of waste tyres except at a waste tyre processing facility
approved by the Authority.
(5) Notwithstanding subregulation (4), a person may dispose of waste tyres other than
at a waste tyre processing facility if the waste tyre is used as a gardening aid, to assist in
the abatement of soil erosion or for any other reasonable use.

12. Used oil

The operator of any garage, any facility selling motor oil and petroleum products or
any service station shall, in meeting the standards in providing used oil storage facilities,
ensure the provision of storage drums or any other leak proof receptacle for the storage of
used oil.

13. Special waste

(1) The occupier of premises on which special waste is generated shall ensure that—
(a) special waste is separated from other waste;
(b) special waste is stored in separate waste containers.
(2) A waste facility operator shall not accept for processing or disposal at a waste
management facility any special waste unless it is specifically authorised in the waste
management licence.
(3) A special waste disposal fee specified in the First Schedule shall be paid to a
waste facility operator in respect of special waste that is disposed of at a waste
management facility.

14. Biomedical waste

 (1) The occupier of premises on which biomedical waste is generated shall ensure that
the biomedical waste is, as soon as practicable after it is generated, stored in a heavy duty
plastic bag or other container according to the colour code specified in sub-regulation (2)
and marked with the international symbol for biomedical waste.
(2) For the purposes of subregulation (1), a heavy duty plastic bag and container that
are used for storing biomedical waste shall be colour coded and marked as follows—
(a) a heavy duty red plastic bag shall be used for biomedical waste which is not
sterilised;
(b) a heavy duty yellow plastic bag shall be used for biomedical waste which is
sterilised; and
(c) rigid sealed plastic containers marked “Biomedical Waste – Sharps” in red
lettering shall be used for sharps, whether sterilised or not.
(3) A person shall not place biomedical waste in any waste container that is not colour
coded.
(4) Biomedical waste shall be sterilised prior to final disposal, either on the premises
where the waste is generated or at a waste management facility authorised to dispose of
biomedical waste.
(5) The occupier of premises on which biomedical waste is generated shall provide
training on proper biomedical waste handling procedures to persons who handle
biomedical waste.

15. Classification of waste

A person who is unable to classify waste may seek the assistance of the Authority who
shall classify waste in accordance with the waste strategy prepared pursuant to the
requirements of section 5(4) of the principal Act.

PART III

Licences and Permits

16. Categories of permits

The Minister may issue different categories of waste haulage permits in recognition of
the classification of waste in accordance with the waste strategy prepared pursuant to the
requirements of section 5(4) of the principal Act.

17. General requirements

(1) An application for a licence or permit shall contain the information specified in
these Regulations in respect of the category of licence or permit which is applied for.
(2) An application shall—
(a) be signed by—
(i) a proposed waste facility operator or the owner of a waste
management facility under construction,
(ii) a proposed general waste haulage operator,
(iii) a proposed special waste haulage operator, or
(iv) the duly authorised agent, of the persons specified in subparagraph (i),
(ii) or (iii) which shall be accompanied by evidence of authority to
sign the application;
 (b) be certified by the Manager of the Authority;
(c) be accompanied by a performance bond of an amount specified in the First
Schedule; and
(d) be accompanied by the application fee set out in the First Schedule.
(3) An application for a licence or permit shall not be deemed to be received by the
Minister unless the Minister receives all information, documents, and authorisation
required by these Regulations.

18. Contents of application for waste management licence

An application for a waste management licence shall contain—
(a) the name and address of the applicant;
(b) if different from the applicant, the name, address and telephone number of
the owner of the premises on which the waste management facility is
constructed along with a signed letter from the owner indicating consent for
the use of the premises as a waste management facility;
(c) the proposed location of the waste management facility;
(d) land use in the areas surrounding the waste management facility;
(e) the proposed engineering design for the waste management facility;
(f) the proposed monitoring plan for the waste management facility;
(g) the technical expertise and experience of the applicant and staff in relation to
the operation of the waste management facility;
(h) the proposed staffing requirements;
(i) proof of the intention to obtain an environmental impact assessment
approval under section 15(1)(a) of the principal Act;
(j) the proposed disaster preparedness response plan for action that the applicant
will take, during the construction or operation of the waste management
facility, in the event of an accident, a spill or natural disaster under section
21(2) of the principal Act;
(k) the categories and proposed quantities of waste to be handled and disposed
of at the waste management facility;
(l) any other information that is reasonably required for the purposes of these
Regulations.

19. General waste haulage permit

An application for a general waste haulage permit shall contain—
(a) the name and address of the applicant;
(b) the address of the site from which the general waste haulage operations will
be operated;
(c) the categories of waste to be collected;
(d) the proposed waste management facility to which waste shall be transported;
(e) the number of vehicles and the type of each vehicle to be used in
transporting waste;
(f) the proposed number of drivers to be employed;
(g) details of where vehicles used in transporting waste will be parked when not
in use;
 (h) a spill prevention and management plan;
(i) any other information that is reasonably required for the purposes of these
Regulations.

20. Special waste haulage permit

An application for a special waste haulage permit shall contain—
(a) the name and address of the applicant;
(b) the categories and proposed quantities of special waste to be collected;
(c) the waste management facility to which special waste shall be transported;
(d) the experience of the applicant in transporting special waste;
(e) the number of vehicles and the type of each vehicle to be used in
transporting special waste;
(f) details of vehicular insurance coverage and personnel insurance;
(g) the proposed number of drivers to be employed;
(h) a spill prevention and management plan;
(i) any other information that is reasonably required for the purposes of these
Regulations.

21. Waste recovery permit

(1) A person may apply to the Minister for a waste recovery permit to search for,
collect and recover waste within a waste disposal facility.
(2) An application for a waste recovery permit shall include—
(a) the name and address of the applicant; and
(b) the category of wastes to be recovered.

22. Refusal of licences or permits

Where the Minister refuses to grant a licence or permit, he shall give reasons for the
refusal to the applicant in writing.

23. Duration
Licences and permits shall remain valid for a period of one year from the date of issue
unless revoked by the Minister at an earlier date.

24. Amendment of licence or permit

The Minister may amend the conditions of a licence or permit if he considers it
necessary to do so in order to avoid or mitigate any risks to health, safety or the
environment associated with the conditions of the licence or permit.

25. Review
The Minister may review a licence or permit that is issued and may revise it to make it
compatible with new regulations or standards.

26. Surrender of waste management licence

(1) A waste management licence may be surrendered upon obtaining a certificate of
completion from the Minister in accordance with the following procedure—
 (a) an application shall be made in writing to the Minister for permission to
surrender the licence;
(b) the Minister shall review the application, request information that may be
required and cause the waste management facility to be inspected within
thirty days of the receipt of the application.
(2) Where the Minister is satisfied that there is no significant risk to human health,
safety or the environment caused directly or indirectly by the waste which is disposed of
at a waste management facility, he shall accept the surrender of the licence and issue a
certificate of completion to the waste facility operator.

27. Surrender of waste haulage permit

(1) A general waste haulage permit or a special waste haulage permit may be
surrendered in accordance with the following procedure—
(a) an application shall be made in writing to the Minister at least thirty days
prior to the proposed date of surrender for permission to surrender the
permit;
(b) the Minister shall review the application within thirty days of the receipt of
the application.
(2) The Minister shall request a list of the persons served by the holder of a waste
haulage permit and if he is satisfied that the holder of a waste haulage permit has notified
the persons of the proposed surrender of the permit, he shall accept the surrender of the
permit and shall issue a certificate of completion to the holder of the waste haulage permit.
(3) The Minister may issue public notification of the surrender of a waste haulage
permit.

28. Transfer of waste management licence

(1) A waste facility operator shall not transfer a licence issued under the principal Act
or these Regulations to another person without first obtaining a certificate of transfer from
the Minister.
(2) A certificate of transfer may be obtained from the Minister in accordance with the
following procedure—
(a) the waste facility operator and the proposed transferee shall jointly apply to
the Minister and shall supply details of the waste management facility;
(b) the Minister shall review the application and may request any other
information that may be reasonably required;
(c) the Minister shall issue a certificate of transfer within sixty days of receipt of
the application if he is satisfied that the proposed transferee has sufficient
expertise to operate a waste management facility in accordance with the
provisions of these Regulations.
(3) The certificate of transfer shall state the particulars of the transfer.
(4) The Minister shall issue to the transferee a waste management licence endorsed
with the name and the particulars of the transferee.

29. Prohibition of transfer of permit

The holder of a permit shall not transfer a permit issued under the principal Act or
these Regulations.

30. Fees
 (1) The application fees that are payable in respect of a licence or permit are set out in
the First Schedule.
(2) The annual fees that are payable in respect of the issue of a licence or permit are
set out in the First Schedule.
(3) Annual fees shall be paid by January 31st of each year to the Central Water and
Sewerage Authority.
(4) Where the holder of a licence or permit fails to pay the annual fees by 31st January
of each year, the licence or permit shall be deemed to be invalid until the fees are paid.
(5) The holder of a licence that is deemed to be invalid shall be liable to a monthly
penalty as set out in the Second Schedule.

PART IV

Operational Standards for Licence and Permit Holders

31. Responsibilities of waste facility operator

The responsibilities of a waste facility operator shall include the following—
(a) ensuring that waste disposal activities at the waste management facility are
conducted so as to avoid risks to human health, safety or the environment;
(b) refusing to accept waste at the waste management facility from a general or
special waste haulage operator who does not hold a valid permit;
(c) ensuring that special waste is disposed of in a manner to avoid risks to
human health, safety or the environment; and
(d) maintaining records of the quantities of each category of waste disposed of
at the waste management facility.

32. Responsibilities of general waste haulage permit holder

The responsibilities of the holder of a general waste haulage permit shall include the
following—
(a) refusing to accept a category of waste from a waste generator which is not
authorised by the permit; and
(b) maintaining records of waste generators who are served by the permit holder
and the quantities of waste collected from each generator.

33. Responsibilities of special waste haulage permit holder

The responsibilities of the holder of a special waste haulage permit shall include the
following—
(a) complying with standards issued by the Authority in relation to the
transportation of waste to the special waste disposal facility;
(b) treating the special waste in a manner consistent with industry standards at
the waste disposal facility; and
(c) maintaining records of waste generators who are serviced by the holder of a
permit and the quantities of waste collected from each generator.

34. Amendment of waste management plan

 (1) A waste facility operator shall not effect or cause to be effected an amendment to
the operating plan of a waste management facility unless approval is given in writing by
the Authority.
(2) The Minister shall issue a new waste management licence to a waste facility
operator where an amendment is made pursuant to subregulation (1).

35. Types of vehicles, etc.

(1) The holder of a general waste haulage permit shall use only the vehicles, containers
and equipment authorised for use by the Minister as a condition for the issue of a general
waste haulage permit.
(2) The holder of a special waste haulage permit shall use only the vehicles,
containers and equipment authorised for use by the Minister as a condition for the issue of
a special waste haulage permit.

36. Restriction on use of vehicle

(1) A vehicle that is authorised by a general waste haulage permit to be used to
transport waste to a waste management facility shall not be used to transport non-waste
items.
(2) A vehicle that is authorised by a special waste haulage permit to be used to
transport waste to a waste management facility shall not be used to transport non-waste
items.

37. Vehicle used in general waste haulage

(1) The holder of a general waste haulage permit who possesses more than one size
and type of vehicle shall be granted a permit consistent with the largest vehicle according
to the classification in the First Schedule.
(2) The holder of a general waste haulage permit who wishes to make changes to the
vehicle in respect of which the permit was issued shall obtain the permission of the Minister.

38. Open vehicles to be covered

(1) The holder of a waste haulage permit shall ensure that a vehicle which is used to
transport waste is properly covered with tarpaulin or canvas or any other suitable cover to
ensure that waste is not spilled.
(2) Subregulation (1) shall not apply where waste is transported in a compactor
vehicle.

39. Parking of vehicles

The holder of a waste haulage permit shall ensure that a vehicle that is used to
transport waste is parked, when not in use, in a manner that does not present an
obstruction to the public or does not create a nuisance.

40. Identification of operator

The holder of a waste haulage permit shall ensure that a vehicle that is used to
transport waste is marked with the name and telephone number of the person who
operates the vehicle.

41. Equipment
 (1) The holder of a waste haulage permit shall ensure that equipment that is used to
transport waste is durable, easily cleanable, designed for safe handling and constructed to
prevent loss of waste from the equipment during transportation.
(2) The holder of a waste haulage permit shall ensure that equipment that is used to
transport garbage, wet or liquid producing waste or waste composed of fine particles is
non-absorbent and leak resistance.
(3) The holder of a waste haulage permit shall ensure that equipment that is used to
transport waste is maintained in good condition and be cleaned with a frequency and in a
manner so as to prevent the attraction or propagation of flies, rodents or other vectors.
(4) The holder of a waste haulage permit shall ensure that the method used for
cleaning equipment is approved by the Authority.
(5) The holder of a waste haulage permit shall ensure that equipment is stored in a
manner that does not present an obstruction to the public or does not create a nuisance.

42. Inspection of equipment

The holder of a waste haulage permit shall ensure that equipment used to collect waste
is made available for inspection upon the request of a competent authority charged with
monitoring any aspect of compliance with a permit.

43. Spillage
(1) In addition to the requirements specified in section 31(4) of the principal Act, in
the event of a spillage of waste in the course of the transportation of the waste by the
holder of a waste haulage permit, the holder of the permit shall report the spillage to the
Authority within six hours of the spillage.
(2) The holder of a waste haulage permit who fails to report a spillage to the
Authority is liable, without prejudice to any other penalty, to the suspension of the permit
for six months.
(3) The holder of a waste haulage permit who fails to satisfactorily clean up a spillage
is liable, without prejudice to any other penalty, to the revocation of the permit.
(4) Where the Authority is not satisfied with the clean up of spillage by the holder of
a waste haulage permit, the Authority may implement contingency plans prepared under
section 30(2) of the principal Act to clean up me spillage and may recover the costs of the
clean up from the holder of the waste haulage permit.

PART V

Requirements for Solid Waste Management Facilities

44. Facility maintenance and operation

(1) A waste facility operator shall ensure that a waste management facility is
maintained in accordance with these Regulations, and the conditions of the licence issued
by the Minister.
(2) A waste management site shall be kept properly graded in order to prevent
depressions, desiccation, cracks or soil erosion and to minimise ponding,
(3) A waste facility operator shall keep adequate quantities, types and sizes of
properly maintained equipment at the waste management facility during all hours of
operation in order to minimise the reduction of operations due to equipment failure.
(4) A waste facility operator shall—
 (a) on a weekly basis inspect the waste management facility for malfunctions,
deteriorations, operator errors and discharges that may cause a release of
harmful substances into the environment or constitute a threat to human
health or safety;
(b) as soon as is practicable remedy any problems revealed by the inspections.
(5) Where a hazard is imminent or has already occurred at a waste management
facility, the waste facility operator shall ensure that the Authority is immediately notified
and that remedial action is taken as soon as is practicable.

45. Control programme for unauthorised waste

(1) A waste facility operator shall implement a programme for detecting and
preventing the treatment or disposal of waste which is not authorised for disposal at the
waste management facility,
(2) The programme implemented by the waste facility operator shall include the
following minimum requirements—
(a) signs shall be placed at access points indicating the categories of waste that
are accepted at the waste management facility;
(b) random inspections of incoming waste shall be conducted at least four times
monthly unless the waste facility operator takes steps to ensure that
incoming waste does not contain waste which is not authorised for disposal
at the waste management facility;
(c) records of inspections shall be kept; and
(d) workers of the waste management facility shall be trained to recognise,
remove and report the receipt of waste that is not authorised to be treated or
disposed of at the waste management facility.
(3) A waste facility operator—
(a) shall ensure that waste that is not authorised to be treated or disposed of at
the waste management facility but which is separated from other waste is
adequately secured and contained to prevent leakage or contamination of the
environment; and
(b) shall as soon as is practicable or within ninety days, cause the removal of
waste specified in paragraph (a) by a person authorised to transport such
waste to a waste management facility authorised to receive it for treatment or
disposal.

46. Access
A waste facility operator shall prevent unauthorised vehicular traffic to the waste
management facility by using artificial or natural barriers or both.

47. Control of wind blown waste

A waste facility operator shall ensure that waste that is capable of being blown by the
wind is controlled at the waste management facility by confining the waste to holding and
operating areas by fencing or other suitable measures.

48. Dust control

A waste facility operator shall take measures as required by the Authority to control
dust originating from the waste management facility so that it does not constitute a
nuisance.
49. Odour control
A waste facility operator shall ensure that odours originating from the waste
management facility are effectively controlled so that they do not constitute a nuisance.

50. Roads
(1) A waste facility operator shall ensure that access roads and on-site roads are
constructed in a manner which permits their use in all types of weather and are negotiable
at all times by heavy trucks and other vehicles.
(2) A waste facility operator shall ensure that access roads and on-site roads are
passable and safe at all times.

51. Noise levels

A waste facility operator shall ensure that noise levels resulting from the use of
equipment at the waste management facility are controlled to prevent transmission of
sound beyond the boundaries of the waste management facility.

52. Liquid waste

(1) A waste facility operator shall ensure that liquid waste is not treated or disposed of
at a waste management facility which is not authorised to treat or dispose of such waste.
(2) Containers holding liquid waste that are deposited at a waste management facility
shall be of a size measuring five gallons or less.
(3) A waste facility operator shall ensure that septic waste is not treated or disposed of
at a waste management facility which is not authorised to treat and dispose of such waste.
(4) Leachate or gas condensate that is generated in respect of the use of a waste
management facility may be disposed of within a waste management facility that is
designed with a liner system and leachate collection system if the waste facility operator
records their existence in the operating record and notifies the Authority of their
existence.
(5) Where a waste management facility is not designed with a liner system and
leachate collection system, leachate or gas condensate waste shall be treated by a method
approved by the Authority before being discharged into the environment.

53. Open burning

A waste facility operator shall ensure that open burning of waste at a waste
management facility is not carried out, except for the infrequent burning of agricultural
wastes, diseased trees, or debris from emergency clean up operations.

54. Annual report

(1) A waste facility operator shall submit to the Minister an annual report no later
than sixty days after the first day of January following the year in relation to which the
report is submitted.
(2) An annual report shall include—
(a) the total quantity of solid waste disposed of at a waste management facility
from 1st January to 31st December of each year;
(b) the remaining site life and capacity in cubic yards of the waste management
facility if it is a landfill;
 (c) if a waste management facility is a landfill, an estimate of the actual in site
waste density taking into consideration the total volume of space utilised and
the amount of waste disposed of;
(d) a compilation of all water, leachate quality and landfill data collected
throughout the year;
(e) the fee charged in dollars per tonne, in respect of the category of waste that
is disposed of and the cost, if any, of leachate treatment;
(f) the amount, in tonnes per year, of each category of waste that is recovered
from disposal and its final destination; and
(g) any other information that may be required.

55. Services
(1) A waste facility operator shall ensure that the waste management facility is
equipped with services including—
(a) adequate shelters;
(b) safe drinking water supply;
(c) toilet facilities;
(d) communication equipment; and
(e) first aid supplies.
(2) A waste facility operator shall ensure that telephone numbers to emergency
response departments are conspicuously posted in all areas where telephones are available
for use at the waste management facility.

56. Records
(1) A waste facility operator shall keep records of the following—
(a) the operating life of a waste management facility;
(b) inspection reports;
(c) accident reports;
(d) gas monitoring results;
(e) the design of the waste management facility for the placement of leachate or
gas condensate;
(f) a notice of intent to close the waste management facility, the closure plan
and the post-closure plan;
(g) monitoring, testing or analytical data associated with closure and post-
closure information generated from ground-water and gas monitoring;
(h) certification that closure and post-closure activities have been completed in
accordance with their respective plans.
(2) The records of an inspection of a waste management facility shall include the
following—
(a) the date and time when waste is disposed of at the waste management facility;
(b) the vehicle that is used to transport the waste to the waste management
facility;
(c) the driver of the vehicle used to transport waste to the waste management
facility;
 (d) the source of the waste that is disposed of at the waste management facility;
(e) compliance with training and notification procedures.
(3) Records relating to the operation of the waste management facility shall be kept
for a period of not less than seven years from the date they are first made.
(4) A waste facility operator shall—
(a) maintain records of self-inspections;
(b) retain the records for at least five years;
(c) include in the records—
(i) the date and time of inspection,
(ii) the name of the person conducting the inspection,
(iii) a description of the inspection including the identity of specific
equipment and structure that are inspected,
(iv) the observations made from conducting the inspection, and
(v) the date and nature of any remedial action that is implemented or
repairs made as a result of the inspection.
(5) A waste facility operator shall—
(a) retain records for a period of not less than seven years of all monitoring
activities conducted in respect of the waste management facility;
(b) include in the records—
(i) the date, exact location and time of sampling or measurements,
(ii) the name of the individual who performed the sampling or
measurements,
(iii) the date on which analyses were performed,
(iv) the name of the individual who performed the analyses,
(v) the analytical techniques or methods used, and
(vi) the results of the analysis.

PART VI

Environmental Standards

57. Environmental parameters

(1) A waste management facility shall be constructed, operated and closed in a
mariner that—
(a) does not cause significant risk or harm to human health, safety or the
environment;
(b) does not permit the entry of waste into ground water.
(2) A waste facility operator shall ensure that the waste management facility
maintains standards for environmental parameters for the purpose of ensuring that the
operation of the waste management facility does not present significant risk or harm to
human health, safety or the environment.
(3) For the purposes of this regulation, “environmental parameters” includes—
(a) air quality;
 (b) ground water quality;
(c) surface water quality;
(d) noise;
(e) vibration.
(4) For the purpose of monitoring standards for environmental parameters there shall
be procedures and techniques for—
(a) sample collection;
(b) sample preservation;
(c) analytical procedures;
(d) chain of custody control;
(e) quality assurance;
(f) quality control.
(5) The monitoring of standards for environmental parameters shall use technology
approved by the Authority.

58. Decomposition gases

(1) A waste facility operator shall ensure that decomposition gases generated within
the waste management facility are controlled.
(2) Measures to control decomposition gases shall be taken in accordance with the
following—
(a) a waste facility operator shall ensure that methane and other explosive gases
that are generated do not exceed a concentration of—
(i) twenty-five per cent of the lower explosive limit for gases in a waste
management facility, excluding gas control or recovery system
components,
(ii) the lower explosive limit for gases at or beyond the boundaries of the
waste management facility;
(b) a routine methane-monitoring programme shall be implemented to ensure
that the concentration of explosive gases meets the required standards;
(c) the minimum frequency of monitoring shall be twice per year.
(3) If methane gas levels exceeding the limits specified in subregulation (2)(a) are
detected, the waste facility operator shall—
(a) as soon as is practicable take all necessary steps to ensure the protection of
human health, safety and the environment;
(b) notify the Authority;
(c) within seven days of the detection, place in the operating record the methane
gas levels detected and a description of the steps taken to protect human
health, safety and the environment;
(d) within forty-five days of the detection, submit a plan to the Authority
describing the nature and extent of the problem, the proposed remedial
measures to be taken and the time within which the plan will be
implemented which shall not exceed sixty days beyond the date of the
detection.

59. Surface water control system

 (1) A waste facility operator shall cause to be implemented surface water control
systems in respect of the waste management facility to ensure that pollutants are not
discharged into the waters of Saint Vincent and the Grenadines.
(2) Pursuant to subregulation (1) there shall be designed, constructed and
maintained—
(a) a run-on control system to prevent flow onto the active portion of a landfill
during peak discharge from a twenty-five year storm; and
(b) a run-off control system from the active portion of a landfill to collect and
control at least the water volume resulting from a twenty-four hour, twenty-
five year storm.

PART VII

Waste Management Facility Closure Requirements

60. Closure plan

(1) A waste facility operator shall prepare and submit to the Authority for its approval
a written closure plan that describes the steps necessary to close the waste management
facility at any point during its active life.
(2) The closure plan shall include the following—
(a) for a landfill, a description of the final cover, designed in accordance with
acceptable practices, and the methods and procedures to be used to install the
cover;
(b) an estimate of the maximum inventory of waste on-site which was deposited
over the active life of the landfill; and
(c) a schedule for completing all activities necessary to satisfy the closure criteria.

61. Closure criteria

A waste facility operator shall comply with the following closure criteria—
(a) notify the Authority of the intent to close the waste management facility
prior to commencing procedures for the closure of the waste management
facility;
(b) begin closure activities of the waste management facility—
(i) no later than thirty days after the date on which the waste management
facility receives the final waste,
(ii) no later than one year after the date on which the waste management
facility receives the most recent waste if the waste management
facility has remaining capacity and there is a reasonable likelihood
that it will receive additional wastes;
(c) complete closure activities of the waste management facility—
(i) in accordance with the closure plan within one hundred and eighty
days following the beginning of closure, or
(ii) beyond one hundred and eighty days by applying to the Authority for
an extension of the closure time and showing that measures have been
taken and will continue to be taken to prevent risk to human health,
safety and the environment from the unclosed waste management
facility.
62. Post-closure requirements
(1) Post-closure care in respect of a waste management facility shall be conducted
following the closure of a waste management facility by the person who immediately
before the closure was the waste facility operator.
(2) If the waste management facility is a landfill, post-closure care shall serve to—
(a) maintain the integrity and effectiveness of any final cover, including making
repairs to the final cover as necessary to correct the effects of settlement,
subsidence, erosion, or other events, and preventing run-on and run-off from
eroding or otherwise damaging the final cover;
(b) monitor and maintain, if applicable, ground water;
(c) operate and maintain the gas monitoring system in accordance with the
requirements of regulation 65;
(3) Post-closure care shall be conducted for twenty years except where the time is—
(a) decreased by the Authority if the Authority determines that the decreased
period is sufficient to protect human health, safety or the environment; or
(b) increased by the Authority if the Authority determines that the increased
period is necessary to protect human health, safety or the environment.
(4) A waste facility operator shall prepare and submit to the Authority for its approval
a written post-closure plan which shall include the following—
(a) a description of the monitoring and maintenance activities specified in these
Regulations for the waste management facility, and the frequency with
which these activities will be performed;
(b) the name, address and telephone number of a person to whom
communication about the waste management facility may be sent during the
post-closure period; and
(c) a description of the planned use of the premises during the post-closure
period.
(5) Post-closure use of premises that were used as a waste management facility shall
not disturb the integrity of the final cover, liner, or other components of the containment
system, or the function of the monitoring systems unless it is necessary to comply with
these Regulations.
(6) The Authority may approve a disturbance of the final cover, liner or other
components of the containment system if it is satisfied that the disturbance will not
increase risks to human health, safety or the environment.
(7) The Authority may allow a waste facility operator to stop managing leachate
collection if it is satisfied by evidence presented by the waste facility operator that
leachate no longer poses a threat to human health, safety or the environment.
(8) The Authority shall inspect premises after the completion of post-closure care to
verify compliance with the post-closure plan.

PART VIII

Monitoring and Enforcement

63. Complaints
(1) A person who has information alleging that a person is operating without a licence
or permit, in contravention of the conditions of a licence or permit or any provisions of
the principal Act or these Regulations, may file a complaint in writing with the Authority.
 (2) A complaint may include the following—
(a) the name, address, and telephone number of the person making the
complaint;
(b) the identity and location of the waste management facility or other operation;
(c) the name and address of the person against whom the complaint is made;
(d) the nature of the alleged violation; and
(e) any other relevant information.

64. Monitoring
(1) The competent authority charged with monitoring any aspect of compliance with a
licence or permit shall maintain records of the compliance which shall include the
following—
(a) the names of persons interviewed and the date and location of the interviews;
(b) a description of documentary and other physical evidence examined;
(c) the dates, times and locations of inspections;
(d) a list of correspondence, including any written reports by the holder of the
licence or permit;
(e) any other matter.

65. Inspection of records

The competent authority charged with monitoring any aspect of compliance with a
licence may request the records maintained in respect of a waste management facility
from the waste facility operator and the waste facility operator shall supply the records.

66. Notices
(1) Where the Minister gives notice to the holder of a licence or permit requiring the
holder to remedy a violation of the conditions of the licence or permit pursuant to
section 28(2) of the principal Act, the notice shall include the following—
(a) the name of the holder of the licence or permit to whom it is directed;
(b) the conditions of the licence or permit that are violated;
(c) a statement that the violation must be remedied within fifteen days, at the
expiry of which time the Minister may either cancel or suspend the licence
or permit; and
(d) the action to be taken to remedy the violation and the manner in which it is
to be carried out.
(2) A notice takes effect upon being served on the holder of the licence or permit.

67. Notice of compliance

The Minister may issue a notice of compliance if he is satisfied that the holder of a
licence or permit has remedied a violation of the conditions of a licence or permit

68. Ticketing
(1) For the purposes of section 47A of the principal Act, tickets shall be in the form
specified in the Third Schedule.
(2) Tickets shall—
 (a) be sequentially numbered;
(b) be issued in triplicate—
(i) one copy which shall be provided to the person who commits an
offence,
(ii) one copy of which shall be provided to the magistrate’s court, and
(iii) one copy of which shall be retained for the Authority;
(c) be compiled in books.
(3) The Authority shall maintain records of each book issued under this regulation.
(4) The offences and the fixed penalties to which section 47A of the principal Act
apply are as follows—
(a) failure to remove waste container before 6 p.m. on the day stipulated for
waste collection contrary to regulation 9(4) $50.00;
(b) failure to comply with the requirements of a notice under section 15(1) of the
Litter Act pursuant to section 41(2) of the principal Act $100.00;
(c) removal of a notice that is posted in a conspicuous position contrary to
section 15(2) of the Litter Act pursuant to section 41(2) of the principal Act
$100.00;
(d) failure to report a spillage contrary to regulation 43(1) $100.00;
(e) transporting waste without a permit contrary to section 25 of the principal
Act $100.00;
(f) dumping litter contrary to section 39 of the principal Act $100.00.
(5) For the purposes of this regulation, a short form of a description of an offence set
out in subregulation (4) is sufficient for all purposes to describe the offence designated by
such description.

69. Refund of performance bond

The performance bond that is paid in respect of an application made under these
Regulations shall be refunded to the person by whom it was paid on the cessation of the
operation in respect of which the licence or permit was granted, subject to any deductions
that are made in respect of the violation of any conditions of the licence or permit.

First Schedule
[Regulations 13 and 17(2).]

Fees
A. Application Fees
Licence/Permit Application Fee
Waste Management Licence $100.00
General Waste Haulage Permit $100.00
Special Waste Haulage Permit $100.00
Waste Recovery Permit $ 25.00
B. Types of licences and permits—
1. Waste Management Facilities.
2. General Waste Haulage Permit.
 Classification Type of Vehicle Size of Type of Waste Annual
Vehicle Licence Fee
Compactor Truck > 5 yd3 Residential Commercial $1000
3
Skip Truck > 8 yd Commercial Industrial $1000
Class A
Dump Truck > 4 Tonnes Residential Commericial $1000
Industrial
Compactor Truck < 5 yd3 Residential Commercial $600
Class B Dump Truck < 4 Tonnes Residential Commercial $600
Industrial
Pick-up Truck Residential Commercial $500
Class C
Minivan Residential Commercial $500
3. Special waste: disposal fee – $500.00
4. Performance bond – $500.00

Second Schedule
[Regulation 30(5).]

Penalty
Licence/Permit Monthly Penalty
Waste Management Licence $300.00
General Waste Haulage Permit $150.00
Special Waste Haulage Permit $100.00
Waste Recovery Permit $ 25.00

Third Schedule
[Regulation 68.]

Ticket
[For ........................................ / the magistrate’s court, the Authority]
[No. ............... ]
To ...........................................................................
Address ...................................................................
Telephone No. .........................................................
The Offence of .............................................................................................................................
.....................................................................................................................................................
Contrary to ...................................................................................................................................
.....................................................................................................................................................
Was committed at..........................................................................................................................
If the penalty of ................................................ dollars for this offence is paid to the Magistrate’s
Court within fourteen days of the issue of this ticket, liability for the offence shall be discharged
and no further proceedings shall be taken. If the penalty is not paid prosecution shall be
instituted.
SEE BACK OF TICKET FOR FURTHER INSTRUCTIONS.
1. Cheques shall be made payable to:
 “The Accountant-General”.
2. The Magistrate’s Court is open for payment Mondays to Fridays from 9.00 a.m. to
11.30 a.m. and 1.00 p.m. to 3.00 p.m.
COURT RECORD
PENALTY PAID: YES  NO 
If no, has summons been issued:
YES  NO 
DATE SUMMONS ISSUED .....................................................................................................
COURT OFFICER .....................................................................................................................