WASTE MANAGEMENT RULES, 2021

Arrangement of Rules

PART I
PRELIMINARY

1. Citation, application and commencement

2. Interpretation

3. Obligations of generators and handlers

PART II
WASTE GENERATION PERMIT

4. Application for a Waste Generation Permit

5. Form of application for a Waste Generation Permit

6. Information to be included for a Waste Generation Permit

7. Application for a Waste Generation Permit to be signed

8. Processing of an application for a Waste Generation Permit

9. Duration and renewal of a Waste Generation Permit

10. Annual Waste Generation Fee

PART III
WASTE HANDLING PERMIT

11. Application for a Waste Handling Permit

12. Form of application for a Waste Handling Permit

13. Information to be included for a Waste Handling Permit

14. Application for a Waste Handling Permit to be signed

15. Processing of application for a Waste Handling Permit

16. Duration and renewal of a Waste Handling Permit

 ii

PART IV
VARIATION

17. Application for variation of a permit

18. Application for variation of a permit to be signed

19. Variation of a permit on the Authority’s own initiative

20. Processing of application for variation of a permit

PART V
TRANSFER, SUSPENSION, REVOCATION AND SURRENDER OF PERMITS

21. Restriction of transfer of a permit

22. Authority may transfer a permit

23. Application for transfer of a permit

24. Grant or refusal of application

25. Transfer of a permit

26. Refusal to transfer a permit

27. Possession of facility upon transfer of a permit

28. Terms and conditions of permit upon transfer

29. Suspension of permit

30. Emergency response activities

31. Revocation of permit

32. Surrender and cancellation of permit

33. Notification

PART VI
WASTE MANIFEST

34. Generator to prepare manifest

 iii

PART VII
MISCELLANEOUS

35. Fees are non-refundable

36. Waste Permit Register

37. Inspection of Waste Permit Register

38. Packaging of waste

39. Trade secrets and confidential business information

40. Omission from Waste Permit Register

41. Recordkeeping

42. Permit holder to have in force a policy of insurance

43. Annual reports

44. Duties of the Authority

45. Violations

46. Appeals

47. Exceptions

SCHEDULE 1—Annual Regulated Waste

SCHEDULE 2—Hazardous Characteristics

 Legal Supplement Part B—Vol. 60, No. 100—29th June, 2021 803

LEGAL NOTICE NO. 184

REPUBLIC OF TRINIDAD AND TOBAGO

THE ENVIRONMENTAL MANAGEMENT ACT, CHAP. 35:05

RULES

M ADE BY THE M INISTER UNDER SECTION 26 OF THE E NVIRONMENTAL

M ANAGEMENT A CT AND SUBJECT TO NEGATIVE RESOLUTION OF
PARLIAMENT

WASTE MANAGEMENT RULES, 2021

PART I
Preliminary

1. (1) These Rules may be cited as the Waste Management Rules, Citation,
2021. application and
commencement
(2) These Rules apply to the generation, processing, treatment,
packaging, storage, transportation, collection, disposal, recovery,
recycling or other activities related to the management of waste other
than radioactive waste.
(3) These Rules come into operation on 31st May, 2022.
2. In these Rules– Interpretation

“Act’ means the Environmental Management Act; Chap. 35:05

“approved form” means a form approved by the Authority and

published on its website;
“Authority” has the meaning assigned to it in section 2 of the
Act;
“by-product” means a material, product or substance which is
the result of a production process, is certain to be used and
can be used directly;
“collection” means the physical removal of waste for transport;
“Commission” has the meaning assigned to it in section 2 of the
Act;
“dilution” means the treatment of waste by mixing it with
water or another waste so as to reduce the concentration of
its hazardous constituents;
“disposal” means an operation that principally results in the
deposit of waste on land or in water;
804 Waste Management Rules, 2021

“emergency” means any situation arising from an event beyond

the reasonable control of any person, that requires
corrective action to restore normal operation and causes a
breach of a permit condition in a facility;
“environment” has the meaning assigned to it in section 2 of
the Act;
“environmentally sound management” means the taking of all
practicable steps to ensure that waste is managed in a
manner which will protect human health and the
environment against an adverse effect of the waste;
“facility” means a site at which waste is generated or handled;
“fit and proper person” means a person who demonstrates or is
likely to demonstrate his competence to manage waste
generated or handled in an environmentally sound
manner;
“generation” means the production of waste from a process;
“generator” means a permit holder who produces–
(a) waste at or above the annual regulated quantity
specified in Schedule 1; or
(b) hazardous waste;
“handler” means a permit holder who receives waste from
another person for handling;
“handling” means accepting waste produced by another person
for collection, storage, processing, treatment, recovery,
recycling or disposal;
“hazardous characteristic” means a property of waste which
renders it hazardous in accordance with Schedule 2;
“hazardous waste” means waste specified in Schedule 1 which–
(a) contains, consists of or is contaminated with a
substance in an amount at or above the relevant
amount set out in Table 1 of Schedule 2; or
(b) exhibits a characteristic set out in Table 2 of Schedule 2;
“household” means premises used wholly as a living
accommodation;
“manifest” means a record of the movement of waste from one
person to another;
 Waste Management Rules, 2021 805

“non-hazardous waste” means waste which is not hazardous

waste;
“operator” means a person who owns or operates a facility or a
site which is intended to be used as a facility;
“packaging” means the material used for the containment and
protection of waste from physical damage during handling;
“permit” means a Waste Generation Permit or a Waste
Handling Permit;
“permit holder” means a person to whom a permit is granted;
“person” has the meaning assigned to it in section 2 of the Act;
“premises” has the meaning assigned to it in section 2 of the
Act;
“prescribed fee” means the fee prescribed in the Waste
Management (Fees) Regulations, 2021;
“process” has the meaning assigned to it in section 2 of the Act;
“processing” means the treatment, recovery, recycling or
disposal of waste;
“recovery” means an operation which extracts or diverts a
material or energy from waste for reuse, recycling or other
similar operations so that the waste ceases to be waste;
“recycling” means an operation by which waste is reprocessed
so as to obtain a product or material suitable for use
whether for an original or other purpose;
“reduction” means the action of reducing waste generated
through the lifecycle of a process;
“regulated quantity” means the quantity of waste specified in
Schedule 1;
“release” has the meaning assigned to it in section 2 of the Act;
“reuse” means the using again of a product, material or
substance which is not waste for the same purpose for
which it was conceived;
“storage” means the containment of waste on a temporary basis
in such a manner as not to constitute the disposal of the
waste;
“transport” means the movement of waste from one premises to
another;
“transporter” means a person who transports waste;
806 Waste Management Rules, 2021

“treatment” means a process designed to change the physical,

chemical or biological character or composition of waste in
order to reduce the impact of the waste on human health
and the environment prior to its storage, recovery or
disposal;
“vehicle” has the meaning assigned to it in section 2 of the Act;
“waste” has the meaning assigned to it in section 2 of the Act
and includes the waste listed in Schedule 1;
“Waste Generation Permit” means a permit issued in
accordance with rule 8(4)(a);
“Waste Handling Permit” means a permit issued in accordance
with rule 15(2)(a); and
“Waste Permit Register” means the Waste Permit Register
established pursuant to rule 36.

Obligations of 3. A generator or handler shall–

generators and
handlers (a) comply with the provisions of the Act;

(b) implement measures to ensure the environmentally sound

management of waste;

(c) implement measures to reduce the generation of waste;

(d) ensure that the treatment, recovery or disposal of waste is

conducted at a facility in accordance with these Rules;

(e) prevent the dilution of waste as a substitute for its

treatment;

(f) ensure that hazardous waste is segregated from

non-hazardous waste to facilitate the safe handling of the
waste; and

(g) take such other measures as the Authority may determine.

PART II
Waste Generation Permit
Application for 4. (1) Subject to subrule (4), a person shall not generate–
a Waste
Generation (a) waste at or above the annual regulated quantity specified in
Permit
Schedule 1; or

(b) hazardous waste,

unless he holds a Waste Generation Permit.

 Waste Management Rules, 2021 807

(2) A person who, immediately before the commencement of

these Rules, generates–

(a) waste at or above the annual regulated quantity specified in

Schedule 1; or

(b) hazardous waste,

shall, within sixty working days of the commencement of these Rules or

such longer period as determined by the Authority, apply to the
Authority for a Waste Generation Permit.

(3) A person who intends to generate–

(a) waste at or above the annual regulated quantity specified in

Schedule 1; or

(b) hazardous waste,

shall, at least forty working days prior to the commencement of

operations at a facility, apply to the Authority for a Waste Generation
Permit.

(4) A person referred to in subrule (2) may continue to generate–

(a) waste at or above the annual regulated quantity specified in

Schedule 1; or

(b) hazardous waste,

pending the submission and determination of his application for a

Waste Generation Permit pursuant to subrule (2).

5. An applicant for a Waste Generation Permit shall submit an Form of

application on the approved form to the Authority and pay the application
a Waste
for

prescribed fee. Generation

Permit

6. An application made under rule 5 shall include the following Information to

be included for
information: a Waste
Generation
(a) where the applicant is– Permit

(i) an individual, his full name and mailing address; or

(ii) a firm, business, company, enterprise, body corporate,

trust, unincorporated association, partnership or
governmental entity, however constituted, its
registered name and address;
(b) a description of the layout of the facility and the process to
be conducted including its input, output and by-product;
808 Waste Management Rules, 2021

(c) a description of the type and characteristic of the waste to

be generated at the facility and the estimated quantity of
waste to be generated annually, including the episodic
generation of waste;
(d) a description of the arrangement for the collection,
transport, storage, treatment, recovery or disposal of each
type of waste to be generated at the facility;
(e) a description of measures to reuse, reduce or recover waste;
and
(f) such other information as the Authority may determine.
Application for 7. An application made under rule 5 shall be signed by the
a Waste
Generation proposed operator of the facility or a duly authorised representative of
Permit to be the operator.
signed

Processing of 8. (1) Within twenty working days of the receipt of an application

an application
for a Waste
for a Waste Generation Permit, the Authority shall, in writing–
Generation
Permit
(a) acknowledge receipt of the application;
(b) indicate whether any of the information required on the
form is incomplete or in need of clarification;
(c) request any further information that the Authority may
require; and
(d) specify a time for the submission of any information
required.
(2) The Authority may, at the written request of an applicant,
extend the time to provide the further information requested pursuant
to subrule (1)(c).
(3) Subject to subrule (1)(b) and (c), where an application for a
Waste Generation Permit is submitted, the Authority shall within
twenty working days of the receipt of the application issue–
(a) a Waste Generation Permit together with an identification
number to the applicant; or
(b) a notice of refusal.
(4) Where further information is requested under subrule (1)(b)
or (1)(c), the Authority shall, within twenty working days of being
satisfied that all the necessary information has been submitted, issue–
(a) a Waste Generation Permit together with an identification
number to the generator; or
(b) a notice of refusal.
 Waste Management Rules, 2021 809

(5) Where the Authority refuses to grant a Waste Generation

Permit, it shall provide the applicant with its reason in writing.
(6) The Authority may refuse to issue a Waste Generation
Permit–
(a) where the issue of a Waste Generation Permit would not be
in the interest of the public;
(b) where the applicant submitted false, materially misleading
or inadequate information, or made a false or materially
misleading representation, to the Authority;
(c) where the applicant is not a fit and proper person; or
(d) for such other reason as the Authority thinks fit.
9. (1) A Waste Generation Permit is valid for a period of three Duration and
years from the date of issue and may be renewed for a further period of renewal of a
Waste
three years or such other period as determined by the Authority. Generation
Permit
(2) A holder of a Waste Generation Permit shall, at least thirty
working days prior to the expiration of his permit, submit an
application for the renewal of his permit, on the approved form, to the
Authority and pay the prescribed fee.
(3) Notwithstanding rule 4(1) and subrule (1), a Waste
Generation Permit shall continue to be valid pending the determination
of an application for its renewal.
10. A holder of a Waste Generation Permit shall pay to the Annual Waste
Authority the Waste Generation Fee prescribed in the Waste Generation
Fee
Management (Fees) Regulations, 2021.

PART III
Waste Handling Permit
11. (1) Subject to subrules (4) and (5), a person shall not handle Application for
a Waste
waste unless he holds a Waste Handling Permit. handling
Permit
(2) A person who handles waste, immediately before the
commencement of these Rules, shall, within ninety working days of the
commencement of these Rules or such longer period as determined by
the Authority, apply to the Authority for a Waste Handling Permit.
(3) A person who intends to handle waste shall, at least sixty
working days prior to the commencement of operations at a facility,
apply to the Authority for a Waste Handling Permit.
(4) A person referred to in subrule (2), may continue to handle
waste pending the submission and determination of his application for
a Waste Handling Permit pursuant to subrule (2).
810 Waste Management Rules, 2021

(5) A person is not required to apply for a Waste Handling

Permit if he–
(a) stores waste, which is generated at his facility, for removal
and disposal by a third party;
(b) solely recovers or recycles waste which is generated at his
facility for use in any process on premises owned or
occupied by him; or
(c) solely disposes of waste which is generated on premises
owned or occupied by him and where the disposal does not
generate waste which requires further treatment by
another person.
Form of 12. An applicant for a Waste Handling Permit shall submit an
application for
a Waste application on the approved form to the Authority, and pay the
Handling prescribed fee.
Permit

Information to 13. An application submitted under rule 12 shall include the

be included for
a Waste following information:
Handling
Permit (a) where the applicant is–

(i) an individual, his full name and mailing address; or

(ii) a firm, business, company, enterprise, body corporate,

trust, unincorporated association, partnership or
governmental entity, however constituted, its
registered name and address;
(b) a description of the layout of the facility;
(c) a description of the activity to be conducted on the facility,
including a process description and the specification of
equipment to be used to handle waste and its input, output
or by-product;
(d) insurance certificate for the vehicle to be used to transport
waste;
(e) the proposed type, characteristic and maximum quantity of
waste to be handled monthly and annually;
(f) a description of the measure to be implemented to ensure
the environmentally sound management of waste; and
(g) such other information as the Authority may determine.
Application for 14. An application made under rule 12 shall be signed by the
a Waste
Handling proposed operator of the facility or a duly authorised representative of
Permit to be the operator.
signed
 Waste Management Rules, 2021 811

15. (1) Within twenty working days of the receipt of an application Processing of
for a Waste Handling Permit, the Authority shall, in writing– an application
for a Waste
(a) acknowledge receipt of the application; Handling
Permit
(b) indicate whether any of the information required on the
form is incomplete or in need of clarification;
(c) request any further information that the Authority may
require; and
(d) specify a time for the submission of any information
required.
(2) Subject to subrule (1)(b) and (c), where an application for a
Waste Handling Permit is submitted, the Authority shall within twenty
working days of the receipt of the application, issue–
(a) a Waste Handling Permit together with an identification
number to the applicant; or
(b) a notice of refusal.
(3) The Authority may, at the written request of an applicant,
extend the time to provide the further information requested pursuant
to subrule (1)(c).
(4) Where further information is requested under subrule (1)(b)
or (1)(c), the Authority shall, within twenty working days of being
satisfied that all the necessary information has been submitted, issue –
(a) a Waste Handling Permit together with an identification
number to the handler; or
(b) a notice of refusal.
(5) Where the Authority refuses to grant a Waste Handling
Permit, it shall provide the applicant with its reason in writing.
(6) The Authority may refuse to issue a Waste Handling
Permit–
(a) where the issue of a Waste Handling Permit would not be in
the interest of the public;
(b) where the applicant submitted false, materially misleading
or inadequate information, or made a false or materially
misleading representation, to the Authority;
(c) where the applicant is not a fit and proper person; or
(d) for such other reason as the Authority thinks fit.
16. (1) A Waste Handling Permit is valid for a period of three years Duration and
renewal of a
from the date of issue and may be renewed for a further period of three Waste
years or such other period as determined by the Authority. Handling
Permit
812 Waste Management Rules, 2021

(2) A holder of a Waste Handling Permit shall, at least thirty

working days prior to the expiration of his permit, submit an
application for the renewal of his permit, on the approved form, to the
Authority and pay the prescribed fee.
(3) Notwithstanding rule 11(1) and subrule (1), a Waste
Handling Permit shall continue to be valid pending the determination
of an application for its renewal.

PART IV
Variation

Application for 17. An applicant for the variation of a permit shall submit an
variation of a application on the approved form to the Authority and pay the
permit
prescribed fee at least forty-five working days prior to any modification,
addition or removal of a process which will result in–
(a) an increase in the quantity of waste generated or handled;
(b) the addition of a new waste which is not covered by the
permit; or
(c) a change to the characteristics of a waste generated or
handled.
Application for 18. An application made under rule 17 shall be signed by the
variation of a
permit to be permit holder or a duly authorised representative of the permit holder.
signed
Variation of a 19. (1) The Authority may vary a permit, on its own initiative or
permit on the
Authority’s upon receipt of an application under rule 17, where it appears that the
own initiative matters specified in rule 17 occurred or will occur.
(2) The Authority shall not vary a permit on its own initiative
under subrule (1) unless it has–
(a) served written notice on the permit holder;
(b) specified in the notice the reasons for the variation;
(c) given the permit holder at least ten working days from the
date of the service of the notice to make written
submissions in relation to the intended variation; and
(d) taken into consideration any submissions made by the
permit holder.
(3) Where the Authority refuses to vary a permit, it shall
provide the permit holder with its reason in writing.
(4) The Authority may refuse to vary a permit–
(a) where the varying of the permit would not be in the interest
of the public;
 Waste Management Rules, 2021 813

(b) where the applicant submitted false, materially misleading

or inadequate information, or made any false or materially
misleading representation, to the Authority;
(c) where the applicant is not a fit and proper person; or
(d) for such other reason as the Authority thinks fit.

20. (1) Within twenty working days of the receipt of an application Processing of
application for
for the variation of a permit, the Authority shall in writing– variation of a
permit
(a) acknowledge receipt of the application;
(b) indicate whether the information required on the form is
incomplete or in need of clarification;
(c) request any further information that the Authority may
require; and
(d) specify a time for the submission of the information
required under paragraph (c).
(2) The Authority may, at the written request of the permit
holder, extend the time to provide the further information requested
pursuant to subrule 1(c).
(3) Subject to subrule (1)(b), where an application for a
variation is submitted, the Authority shall, within twenty working days
of the receipt of the application, issue a varied permit to the permit
holder.
(4) Where further information is requested pursuant to subrule
1(b) or (c), the Authority shall, within twenty working days of being
satisfied that all the necessary information has been submitted, issue a
varied permit to the permit holder.

PART V
Transfer, Suspension, Revocation and Surrender of Permits

21. A permit shall not be transferred without the prior approval of Restriction of
transfer of a
the Authority. permit

22. The Authority may, on the application of a permit holder, Authority may
transfer a
transfer a permit to another person. permit

23. An application for the transfer of a permit shall made be on the Application for
transfer of a
approved form and shall be accompanied by– permit

(a) the name and address of the person to whom the permit is
to be transferred;
(b) the permit which is to be transferred;
814 Waste Management Rules, 2021

(c) the prescribed fee; and

(d) such other information as the Authority may require.
Grant or 24. Within twenty working days of the receipt of an application for
refusal of the transfer of a permit, the Authority shall grant or refuse to grant the
application
transfer giving reasons therefore.
Transfer of a 25. Where the Authority grants the transfer of a permit, a new
permit permit shall be issued in the name of the new permit holder and the
previous permit shall be cancelled.
Refusal to 26. The Authority may refuse to transfer a permit–
transfer a
permit (a) where the transfer of the permit would not be in the
interest of the public;
(b) where the applicant submitted false, materially misleading
or inadequate information, or made any false or materially
misleading representation, to the Authority;
(c) where the person to whom the permit is to be transferred is
not a fit and proper person; or
(d) for such other reason as the Authority thinks fit.
Possession of 27. The person to whom the permit is to be transferred shall not take
facility upon possession of any facility or other premises related to the permit unless
transfer of a
permit the Authority approves the transfer.
Terms and 28. (1) Subject to subrule (2), where the Authority approves the
conditions of transfer of a permit, the terms and conditions of the permit shall be
permit upon
transfer binding on the person to whom the permit is transferred and shall be
observed by him.
(2) The Authority may, upon approving the transfer of a
permit, vary such terms or conditions of, or incorporate such other
terms or conditions into, the permit as the Authority may consider
necessary.
Suspension of 29. Where a permit holder contravenes a material condition of the
permit permit, the Authority may suspend the permit for such period it
considers necessary and take such measures in accordance with
section 63 of the Act.
Emergency 30. The Authority may suspend a permit where, pursuant to
response section 25 of the Act, it is necessary or expedient to enable the
activities
Authority to carry out emergency response activities.
Revocation of 31. Where a permit holder–
permit
(a) becomes a person of unsound mind;
(b) is unable, unfit or unwilling to perform his functions;
 Waste Management Rules, 2021 815

(c) is in breach of a material term or condition of the permit;

(d) dies;
(e) becomes bankrupt;
(f) goes into liquidation or receivership; or
(g) becomes a party to an amalgamation,
the Authority shall either revoke the permit or, if it would be contrary
to the interest of the public to revoke, suspend, vary or transfer the
permit.

32. (1) A permit shall not be surrendered without the prior Surrender and
cancellation of
approval of the Authority. permit

(2) A permit holder who ceases or intends to cease to generate

or handle waste shall submit an application to surrender his permit to
the Authority on the approved form and include–
(a) a description of the type and characteristic of waste on the
premises owned or occupied by him;
(b) a description of the measures implemented to properly
dispose of the waste on the premises owned or occupied by
him, including its conveyance to another person with a
valid permit; and
(c) such other information as the Authority may determine.
(3) The Authority shall not approve the surrender of a permit
unless it is satisfied that all the waste generated or handled by the
permit holder has been properly disposed of through environmentally
sound management.
(4) Where the Authority approves the surrender of a permit,
the permit holder shall deliver the permit to the Authority within
fourteen days of being notified of the approval and the Authority shall
cancel the permit.

33. Prior to taking action pursuant to rule 8(6), 15(6), 19(4), 26, 29 Notification
or 31, the Authority shall–
(a) notify the permit holder, in writing, of its proposed action
specifying the reasons for the proposed action; and
(b) allow the permit holder at least ten working days within
which to make written submissions to the Authority in
relation to its proposed action.
816 Waste Management Rules, 2021

PART VI
Waste Manifest
Generator to 34. (1) A generator shall prepare a manifest which shall include
prepare the following information:
manifest
(a) his name and contact information;
(b) the name and contact information of the waste handling
facility;
(c) a description of the waste;
(d) a waste code as specified in Schedule 1;
(e) the physical characteristic of the waste;
(f) the hazardous characteristic of the waste, if applicable;
(g) the packaging of the waste;
(h) the quantity of waste;
(i) name and contact information of the transporter;
(j) the date the waste was collected and delivered by the
transporter;
(k) the date the waste was received by his waste handling
facility;
(l) the signature of the transporter, generator and handler or
their duly authorised representative;
(m) a declaration that the information provided is accurate;
and
(n) such other information as the Authority may determine.

(2) A person shall not consign or receive waste without a

complete and accurate waste manifest.

PART VII
Miscellaneous
Fees are 35. All fees paid pursuant to these Rules are non-refundable.
non-refundable
Waste Permit 36. (1) The Authority shall establish and maintain a Waste Permit
Register Register.

(2) The Authority shall enter in the Waste Permit Register the
details and status of–
(a) an application for a permit;
(b) an application for a variation, transfer, surrender or
cancellation of a permit;
 Waste Management Rules, 2021 817

(c) permits, including their terms and conditions;

(d) the decision of the Authority to suspend or revoke a permit;
(e) notices of refusal; and
(f) such other information that the Authority may deem
necessary.
37. The Authority shall keep the Waste Permit Register open to Inspection of
Waste Permit
inspection by the public at its office during ordinary working business Register
hours or at any time on its online register and the Authority shall
provide members of the public with extracts from the Waste Permit
Register upon submission of an application on the approved form and
payment of the prescribed fee.
38. A generator or handler shall ensure that waste is– Packaging of
waste
(a) packaged so as to prevent any leakage or emission under
normal transportation conditions or potentially dangerous
transportation conditions; and
(b) properly labelled and marked so as to identify the
hazardous characteristics and dangers associated with its
transportation.
39. (1) In an application for a permit made under these Rules, the Trade secrets
applicant may assert a claim that any of the information submitted to and
confidential
the Authority is a trade secret or confidential business information and business
request that such information be omitted from the Waste Permit information
Register.
(2) The Authority may refuse a request made under subrule (1)
where–
(a) the applicant has not disclosed the basis for the request;
(b) the basis of the request is invalid; or
(c) the interest of the public in disclosing the information
outweighs the prejudice to the applicant.
40. The Authority shall omit from the Waste Permit Register any Omission from
Waste Permit
information which the applicant requests should be treated as a trade Register
secret or confidential business information, if–
(a) the Authority does not contest the claim; or
(b) the Authority rejects the claim but the claim is upheld on
appeal by the Commission.

41. (1) The permit holder shall– Recordkeeping

(a) make and maintain such records as the Authority may

prescribe; and
818 Waste Management Rules, 2021

(b) shall keep such records in such form as may be prescribed

by the Authority for a period of not less than six years from
the expiration date of a permit or such period as the
Authority may determine.
(2) A permit holder shall ensure that all records kept under
this rule are available to an officer authorised by of the Authority upon
request during the normal office hours of the facility.
Permit holder 42. A permit holder shall have in force a policy of insurance which
to have in force provides coverage to the satisfaction of the Authority in respect of
a policy of
insurance liabilities associated with the generation or handling of waste during
the life of the permit including–
(a) major incidents; and
(b) restorative or rehabilitation work.
Annual 43. (1) A permit holder shall submit an annual report to the
Reports Authority within thirty days of the yearly anniversary of the date of
issue of the permit.
(2) An annual report shall include the following information:
(a) the reporting period;
(b) the type, characteristic and quantity of each type of waste
generated or handled each month and accumulated on the
facility at the end of the reporting period;
(c) the type and quantity of each type of waste sent for offsite
disposal each month, and the identification of the facility
which received the waste;
(d) the method of treatment, recovery or disposal for each type
of waste generated or handled;
(e) a list of each transporter used for transporting waste to and
from the facility;
(f) a description of spills, releases or any incidents arising from
waste generation or handling on the facility;
(g) a description of measures implemented to reduce the
hazardous characteristic or quantity of waste generated
during the reporting period; and
(h) such other information as the Authority may determine.
Duties of the 44. The Authority shall institute mechanisms to encourage waste
Authority minimisation including–
(a) establishing waste prevention programmes, plans or
measures;
(b) encouraging generators and handles to rethink, reuse,
reduce and recycle waste;
 Waste Management Rules, 2021 819

(c) providing technical guidance to generators and handlers

and other interested groups or persons;
(d) establishing cooperation with local authorities and private
sector businesses on waste management practices,
including actions that make waste recycling easier;
(e) carrying out research aimed at promoting the use of
innovative ideas or technology for recycling and waste
collection from households; and
(f) such other measures as the Authority deems appropriate.
45. A breach of these Rules shall be a breach of an environmental Violations
requirement and shall be enforceable under Part VI of the Act.
46. (1) Any person who is aggrieved by a decision of the Authority Appeals
under these Rules may within twenty-eight days of the decision, by
notice in writing, appeal against the decision.
(2) An appeal shall be made to the Commission in accordance
with the Act.
47. (1) The following premises are exempt from obtaining a permit Exemptions
under these Rules but owners or operators of such premises are
obligated to ensure that waste is conveyed to a permit holder:
(a) households;
(b) places of worship;
(c) penal institutions;
(d) early childhood care institutions and primary and
secondary schools;
(e) children’s homes and child rehabilitation centers;
(f) public meeting spaces and public camp sites;
(g) vessels;
(h) aircrafts; and
(i) agricultural farms.
(2) The following waste is exempted from control under these
Rules but a generator of such waste is obligated to ensure that the
waste is conveyed to the holder of a Waste Handling Permit:
(a) gaseous emissions; and
(b) wastewater from wastewater treatment premises.
(3) The transport of waste by or on behalf of the Tobago House
of Assembly or a Municipal Corporation is exempted from control under
these Rules.
820 Waste Management Rules, 2021

SCHEDULE 1
ANNUAL REGULATED WASTE
Waste Management Rules, 2021 821

SCHEDULE 1
ANNUAL REGULATED WASTE–Continued
822 Waste Management Rules, 2021

SCHEDULE 1
ANNUAL REGULATED WASTE–Continued
Waste Management Rules, 2021 823

SCHEDULE 1
ANNUAL REGULATED WASTE–Continued
824 Waste Management Rules, 2021

SCHEDULE 1
ANNUAL REGULATED WASTE–Continued

SCHEDULE 2
HAZARDOUS CHARACTERISTICS
Table 1: Waste Thresholds
 Waste Management Rules, 2021 825

SCHEDULE 2
HAZARDOUS CHARACTERISTICS–Continued
Table 1: Waste Thresholds
826 Waste Management Rules, 2021

SCHEDULE 2
HAZARDOUS CHARACTERISTICS–Continued
Table 2: Hazardous Characteristics
 Waste Management Rules, 2021 827

SCHEDULE 2
HAZARDOUS CHARACTERISTICS–Continued
Table 2: Hazardous Characteristics

Dated the 14th day of June, 2021.

C. ROBINSON-REGIS
Minister of Planning and Development

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, CARONI

REPUBLIC OF TRINIDAD AND TOBAGO–2021