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ARTICLES
2010 ‫ﺍﻟﻄﺒﻌﺔ ﺍﻷﻭﻟﻰ‬

[email protected]
By-Law of
Law No. 21/1995, Amended by Law No. 16/1996
Concerning the Establishment of the Environment Public Authority

(Environmental Requirements and Standards in the State of Kuwait)

Chapter I
Development and Environment
The Environmental Impact of the Development Projects

ARTICLE (1)

The following terms – used in the implementation of this chapter’s provisions


– shall have the meanings as explained against each one of them:

 The project: The plan for the performing of any one of the
activities specified in the Appendix No. (1) of this by-law.

 Studies of the environmental impact: These are


comprehensive scientific studies for assessing the effects of
developmental projects and activities on the environment. These
studies would determine the expected effects and forecast,
measure and explain them, and finding methods of controlling
them in order to confine their negative impacts during the
various stages of the project.

 The initial report: It is a report to be submitted to the


Authority in its primary form. Such a report would include
complete technical description of the project and the
environment and demonstrate the type of the anticipated effects
and their evaluation methods and results, the proposed
measures to reduce their impacts over the different stages of
the project as well as the applicable environmental monitoring
ways.

 The final report: It includes environmental impact study in its


final form. Such a report shall be submitted to the Authority for
consideration to obtain environmental approval prior to
execution. This report shall be more comprehensive than the
first one and contain the amendments, which are required from
the license to carry out.

ARTICLE (2)

All governmental, joint, private parties and others should carry out studies of
the environmental impacts of their projects prior to execution them on when
introducing modifications or expansion to the existing projects.

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Concerned authorities which are entitled to grant licenses for the
establishment of any project or introducing modifications or expansions to the
existing projects, and also the responsible parties for organizing and planning
of land use, should oblige the license to carry out environmental impact
studies of these projects in accordance with the Article (4) of this by-law, and
to be presented to the Authority for approval.

ARTICLE (3)

The Environment Public Authority in collaboration and coordination with


concerned state bodies to find an appropriate mechanism for speedy
consideration of the license applications related to the environmental
outcome, response to queries of the license applicants, prepare re-
classification for environment experts and consultants, and provide the
necessary forms, questionnaires and records.

The Authority shall permanently review the projects listed in the Appendix No.
(1) of the by-law, including upgrading them by adding some projects when
necessary by a decision of the Authority. Such revision will be performed in
accordance with the rules of the Authority, concerning whether they have
negative effect on the environment or not, and in the light of the applied
scientific criteria and the world industrial development.

The studies of the environmental impact of the projects will deal with the
direct or indirect outcome that would led to environment pollution, natural
imbalance, impact on public hygiene, or how they may have effect on life,
enjoyment, private or public properties, natural biological and non-biological
resources in permanent way, and how they may have effects on historical,
cultural, natural territories and the game parks.

ARTICLE (4)

All parties referred to hereinabove shall abide by the regulations and


requirements specified by the Authority when proceeding with environmental
impact study. They have to submit an initial report to the Authority to study
and to give its opinion. Such a report should include the following details:

(1) Complete technical description of the specified project, or the


modification or expansions which are proposed to be
introduced to an existing project, together with the necessary
engineering plans, type of technology, equipments means and
materials which would be used in the building or the
expansion.

(2) Statement of the economic and social feasibility of the


suggested project.

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(3) Comprehensive description of the environmental project and
the surrounding areas, which may be affected by the project
execution, or introduction of modifications or expansion to an
existing project.

(4) A comprehensive statement on the expected impacts on


environment as a result of the proposed project execution.

(5) Evaluation of negative, positive, accumulative and non-


accumulative, direct and indirect impacts on the short-term
and long-term stages, on the environment during the various
phases of the project execution (as from the preparation
stage, execution, operation, maintenance, accomplishment till
after the expected age of the project or cancellation thereof),
as well as the scientific illustration applied in assessment of
these effects

(6) An overall statement of the steps that should be brought


about in order to restrain or reduce the negative effects of the
project on environment, which may be exposed to harm on
the short and long run.

(7) Commitment of applying continuous protection measures after


project accomplishment, with necessary monitor and control
systems that must be followed.

The Authority should respond to these parties within 60 days from the date of
collecting the detailed information specified hereinabove.

All license, applicant parties should after obtaining the Authority’s approval on
the initial report coordinate with the Authority and stipulate the time needed
for submitting final report including the environmental impact of the proposed
project. The Authority has to study the final report and will give its opinion
within 60 days from the submission date thereof.

ARTICLE (5)

The Authority shall have the right to ask information, statements, documents
or carrying out additional studies related to the environmental impacts on the
suggested project prior to presenting the final report about their studies by
the project owner.

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Chapter II
The work environment and the Indoor environment

ARTICLE (6)

All industrial facilities should each according to its type of activity meet all the
engineering and environmental requirements specified in Appendix No. (2) of
this By-law.

ARTICLE (7)

All facilities shall provide suitable healthy atmosphere to their workers, while
performing their duties and protect them against any emission or leakage of
air pollutants. For implementing safety and healthy vocational conditions
including the appropriate choice of machinery, equipment, materials and fuel,
provided that workers exposure shall not exceed the following limits:

(1) Maximum limits of occupational exposure to chemicals at work


atmosphere should be as per the tables illustrated in Appendix
No. (3-1) of this by-law.

(2) Maximum limits of biological effects due to the occupational


exposure to chemicals must be as per the tables illustrated in
Appendix No. (3-2) of this by-law.

For ensuring the air quality, and avoiding any impact of the dangerous
chemicals at the indoor environment, the instructions guide listed in the
tables illustrated in Appendix No. (3-3) of this by-law should be followed.

ARTICLE (8)

All facilities and individuals while proceeding production or service or other


activities – have to protect their workers against noise within the following
maximum limits:

(1) The maximum permitted level of noise in an industrial


environment within limited time, should be within limit as
specified in Appendix No. (4-1) of this by-law.

(2) The maximum permitted level of noise inside the industrial


facilities measured by (dBA), should be as stipulated in
Appendix No. (4-2).

(3) The maximum permitted level of noise at an indoor non-


industrial environment whatever its source should be as
specified in Appendix No. (4-3) of this by-law.

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ARTICLE (9)

All facilities should undertake to protect their workers against ultra-sonic


waves at an industrial environment. Such limits are specified in Appendix No.
(5) of this by-law.

ARTICLE (10)

(1) All facilities should take all necessary procedures to maintain


temperature and humidity degrees inside workplace within the
maximum limits listed in Appendix No. (6-1) of this by-law. In
case of work necessity under higher degrees, the facilities
should provide the workers with appropriate protection
means, such as special wears and the like.

(2) All facilities should maintain temperature and humidity


degrees inside mental works place within the extremes
specified in Appendix No. (6-2) of this by-law.

(3) At low temperature work condition, all suitable safety


occupational procedures should be taken such as respiratory
device for warning the inhaled air, and wearing the protective
wears that maintain body temperature within the extremes
mentioned in Appendix No. (6-3) of this by-law.

(4) In order to ensure suitable temperature at the indoor


environment, the limits of temperature listed in Appendix No.
(6-4) of this by-law must be followed.

(5) Public closed and semi-closed places should have adequate


ventilation means that suit the place’s capacity, volume and
type of activity practiced therein in a way that secure air
changing, cleanness and suitable temperature. All that shall
be guided by air flow rations mentioned in Appendix No. (6-5)
of this by-law.

ARTICLE (11)

All facilities should provide suitable lightening not less than the limits
stipulated in Appendix No. (7) of this by-law.

ARTICLE (12)

All facilities should take all the necessary precautions to protect workers
against high vibration degrees at all works venues. They shall abide by the
limits of hands vibration at the axes (x, y, z) mentioned in Appendix No. (8) of
this by-law.

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ARTICLE (13)

All facilities should abide with the following levels and rates of in-active
radiation exposure:

A- Levels of Exposure to Ultraviolet Ray:

(1) Ultra-violet ray intensity within a spectrum field of (320-400


Nanometer) dropping on naked eye should not exceed (1
mm/cm2) for more than 16 minutes, and shall not exceed (1
joule/cm2) if exposure time is less than 16 minutes)

(2) In cases of skin and eyes exposure to ultra-violet ray at all


spectrum fields ranging between (180-400) Nanometer, the
limits listed in Appendix No. (9-1) of this by-law must be
applied.

B- Exposure to Electro-Magnetic Fields (E.M.F):

Occupational exposure to electro-magnetic fields shall be guided by the two


frequencies 50/60 Hertz in the values shown in Appendix No. (9-2) of this by-
law.

C- Exposure to Laser Ray:

(1) Occupational selected exposure to some common laser rays


must be within the extremes stipulated in Appendix No. (9-3)
of this by-law.

(2) Eyes direct exposure to laser band (looking inside the band)
must be within the exposure limits specified in Appendix No.
(9-4) of this by-law.

(3) Eye exposure to laser ray of expanded source (non-point)


shall be in the limits mentioned in Appendix No. (9-5) of this
by-law.

(4) Skin exposure to laser should be within the limits stipulated in


Appendix No. (9-6) of this by-law.

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Chapter III
Chemical Resources Management

The environmental criteria for chemical substances production,


safety, transport, storage, import and export from and to the State
of Kuwait, and the customs transit through its territories

ARTICLE (14)

All parties which produce, fill, handle, transport, import, export and deal with
customs transit of chemicals should abide by the environmental conditions
and criteria stipulated herein, and comply with the classification of dangerous
chemicals mentioned in Appendix No. (10-1) of this by-law. Ministry of Health,
Interior and Defense are exempted from this, and also any party who would
be permitted by the Environment Public Authority.

ARTICLE (15)

Any party who would produce, import or export chemicals must obtain a
license from the concerned authorities after taking consent of the
Environment Public Authority.

The licensing Authority may cancel or cease the activity (in case it was proved
that the product is environmentally or healthy harmful). Or, it may permit the
above if there was a possibility of producing an item with developed
modification, which may improve environment or maintain it. In all cases the
Authority’s approval must be obtained prior to marketing or importing any
product.

ARTICLE (16)

The parties who produce, export and import of chemicals should maintain a
record numbered and sealed by Environment Public Authority containing the
following information:

(1) Type and quantity of the raw materials used in production.


(2) Type and quantity of the chemical product.
(3) Any other details specified by the Environment Public
Authority.

ARTICLE (17)

Parties who produce, import or export chemical materials should comply with
the following requirements:

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(i) Conditions of the refills

(1) The refill should be of good quality from inside that suit the
substance inside it, and may not be affected by acids, alkaline
and solutions. The refill must be painted with a substance
resistant to rust, erosion, and reaction. It should be tightly
closed, not to be fragile and can bear all transport circulation,
vibration and thermal changes circumstances.

(2) The volume of the refill must be suitable to contain all signs,
information, pictures, drawings and symbols internationally
recognized and which show dangers toxicity of these
substances, how they can be opened emptied, used or
disposed thereof. All these details must be placed clearly on
the refill, and details cannot be removed, or modified
according to the instructions listed in the Appendix Nos. (10-
2, 10-3) attached with this by-law. They should be written in
Arabic language, and should contain the following data, in
particular:

a) Name of the manufacturing company, production and


expiry dates, operation and registration numbers.
b) Refill content, chemical and trade names, activity
substance, total and net weights, concentration
degree, type of danger and toxicity.
c) Steps to be taken at emergency cases that may cause
harm to environment and public hygiene.
d) The appropriate storage.

(ii) Requirements of handling

(1) While handling the chemicals, smoking having meals or


drinking shall be strictly prohibited, by abiding the information
and details mentioned on the refill, and the work venue
should be clean, with adequate ventilation systems during
handling operations. Also, suitable fire fighting devices should
be available and emergency plan must be already prepared in
order to face any unexpected accidents may happen while
handling, well trained workers should deal with such
substances. They should wear and use protective wears and
equipment during handling works.

(2) Mechanical and electrical equipment should be used while


upon handling the chemicals. Each device must be employed
for its designated purpose, and should be fit and well-
maintained and suit the specified loads. Handling routes must

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be free from any obstacle that may hinder the movement of
these equipments or its capacity during handling operation.

(3) Worker should not move more than his physical ability of
chemical upon manual handling. All pathways must be free
from obstacles. Suitable light contains should be used.
Preferably sledges or fitted stairs may be used during loading
and unloading works.

(iii) Transport requirements

The carriers should be well aware of the perils of chemicals when transporting
them by land, sea or air. He should take all safety precautions. These
substances must hold the internationally approved signs and symbols, and
should be filled in refills that fulfill the conditions stipulated in this article. The
carrier and his representatives must keep the shipment documents.

(iv) Requirements for the import and export of chemicals

(1) The following details should be submitted to the Environment


Public Authority in order to import and export of chemicals:

a) List of ingredients.
b) Serial number of the substance.
c) Health and environmental impacts.
d) Purpose, the importing or the exporting party.
e) Precautions that should be applied upon emergency
cases.
f) Chemical and physical specifications.
g) Product classification number or the customs
statistical number according to the organizing system.
h) Ideal method of substances discharge or their
containers.

(2) The importing and exporting parties of chemicals should abide


by the provisions of prior approval agreement (PIC) and other
international agreements effective in the State of Kuwait.

ARTICLE (18)

For construction of warehouse for hazardous chemical substances, the


following requirements should be applied:

(i) Obtaining a license for a warehouse construction in accordance


with the following measures

(1) Obtaining the approval from the officials of the concerned


authorities including the Environment Public Authority.

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(2) Submitting an application to the Environment Public Authority
in order to obtaining a license for commencing the
constructional works, attached with it an engineering drawing
of the site, complete description of the materials to be stored,
capacity of refills and their dangers, as well as the stipulated
rules in storing thereof. The license shall not be granted
except after performing final inspection by the concerned
authorities.

(ii) Requirements of warehouse site and specifications

(1) The building should be single floor only (ground floor,


separated or isolated from other activities with fire resistant
walls), storing in the basement is prohibited.

(2) The site should be provided with adequate water sources for
fire fighting purposes.

(3) Free access for fire engines and emergency equipment void of
obstacles or water spots should be available.

(4) The warehouse must be an independent building, designed in


a way that prevents fire danger, pouring or injuries. The
structure should suit the nature of substances to be stored,
and shall be fire resistant for not less than two hours.

(5) The warehouse ground should be smooth unslippy free from


cracks with special canals that assemble leakage of
extinguishing polluted water.

(6) Finishing and joints between walls, ceilings and grounds must
be tightly closed.

(7) Providing the suitable ventilation through the following


means:

a) Providing one of the warehouse’s walls with air holes


and on the opposite walls holes for drawing air. Such
holes should be 300 mm from ground level. Holes of
air entry and exit should be far from each other as
possible.
b) Furnishing the warehouse with mechanical ventilation
system that permits air change with a rate not less
than one cubic meter per minute for each 3m2 of the

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ground area, provided that would not be less than
4m3.

(8) Refraining from releasing leaked and poured materials to the


public sewage network except after taking the suitable steps
such as the use of the traps, sorters or basins in order to
neutralize the substances action, or the use of effective
treatment units. When storing large quantities of perilous
substances, an emergency drainage system should be
prepared that contain the leakage substances and the
polluted water.

(9) Providing many emergency exits easily opened in the dark


and heavy smoke, be opened to the outside, and free from
containers prepared for transport.

(10) All electrical equipment connections should be inside in the


ground the warehouse. The electrical circuits must be
provided with ground leakage circuit fuse, as well as
protective devices against overload. Also, the electrical
extensions must be spark resistant according to the type of
the stored substances.

(11) Providing 10 cm high thresholds at the entrance to hold


leaked substances back.

(12) The warehouse should be furnished with a plan that shows


the nature of the stored dangerous substances at every
corner of the stored substances with their hazardous
specifications. Also, location, of emergency equipment,
pathways and fire fighting means should be specified. Such a
plan should be weekly updated and be kept at a place far
from the storage location.

(13) To be away from neighboring buildings in a dista nce that


must be specified according to the kind and danger of stored
chemicals according to the following schedule:

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A schedule which shows the range of dangerous materials
separation in accordance with UN Classification System
and the requirement that must be observed
Category 1-1 1-2 2-2 2-3 1-3 1-4 2-4 3-4 1-5 2-5 1-6 8
1-1 C C C C C C C C C C C
1-2 C C B B C B C C B B
2-2 C C A A B A A B A A
2-3 C C C C C C C C C C C
1-3 C B A C B B B C C B A
1-4 C B A C B B B C C B A
2-4 C C B C B B B C C B A
3-4 C B A C B B B C C B B
1-5 C C A C C C C C B B B
2-5 C C B C C C C C B C B
1-6 C B A C B B B B B C A
8 C B A C A A A B B B A
Remarks: Separation distance between two different categories of
dangerous materials is determined by using the symbol found in
the point of decussating between the vertical line representing
the first category and the horizontal line representing the other
category:
A. Separation distance must be at least 3
meters.
B. Separation distance must be at least 5
meters.
C. Storing it in the same room or space is
prohibited. The minimum separation
distance among storage areas must be 10
meters.
(iii) Storage conditions
(1) Packages must be organized so as to be always stable and
balanced. The height of lined up packages must not exceed 3
m., unless shelves system was used.
(2) Materials must be lined up in a way that does not hinder the
fork cranes and handling or emergency equipment.
(3) Dangerous materials must be separated in accordance with
International Classification System, and requirements
provided in the schedule mentioned in this article, secondly,
item (13).
(4) All spoiled packages must be got rid of in a correct way.
Further the cleanness of the area must be continuously
preserved by removing cardboard, wood and packaging
materials. Dust leakage into storage packages must be
prohibited.
(5) In the industrial establishments chemicals, when stored, must
be stored in stores, which have separation distances of three
metes away from production utility of flammable materials or
any other fire source.

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(6) Processes in store must be accurately supervised by a well
trained expert supervisor.

(7) Flammable materials stacks must not be stored beside the


building main pillars, which are not proof.

(8) Smoking, drinking and eating must be prohibited in places


where dangerous materials are stored or handled.

(9) Workers must not inter the stores unless after wearing
protective clothing which suites existing chemical dangers.
The same include suitable breathing sets in case of necessity.

(10) Equipment must be maintained for influx suitable quantities of


materials used in purification and pollution removal must be
provided.

(11) Record that reports the following must be kept:


Stored materials, quantity, quality, purpose of use and date of supply
and the quantity of discharged materials as well as wastes elements
system.

(12) Dangerous materials must be kept away from anywhere


frequented by public according to the requirements provided
in the following schedule.

A schedule showing the range of dangerous


materials separation from anywhere frequented by the public

Category Minimum space (meter)


1 50
2-1 5
2-2 5
2-3 15
3-1 10
4-1 to 3-4 5
5-1 to 5-2 5
6-1 to 6-3 5
7 Depending on activity level
8 5

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Chapter IV
Management of Household,
Hazardous, Healthcare and Sludge Wastes

First: Management of Household and Hazardous Wastes

Article (19)

The following expressions shall have the meanings as explained against


respective terms:

Household wastes: Means any wastes resulting from the household use
(Houses include hotels and entertainment utilities) as long no hazardous
wastes are included therein.

Hazardous wastes: Means any wastes posing potential direct hazards to


man or animal’s health or the environment in general, resulting from
industrial, commercial and agricultural activities and from the household
wastes, which are identifiable by any of the discipliners stated in appendix
(11-1) and classified in appendix (11-2) hereof and, thus, require carrying out
the toxicity tests, analyzing the waste filtrate to check the permissible limits
stated in appendix (11-3) hereof.

Treatment: Is any method or technique used to change the physical,


chemical, biological properties of the wastes, handle the wastes, make use of
the materials or energy therein, change the hazardous wastes to non or less
hazardous wastes for safer transportation, storage or disposal thereof.

Disposal dump: Means or utility used to dispose of wastes in environment


friendly methods such as storing, treatment, or the due disposal of hazardous
wastes.

Generator: Means any such person who generates or becomes the main
cause for the production thereof or who possesses the same.

Identification Number: It is the number specified by the Environment


Public Authority for each product, transporter or storage, treatment or
disposal utility of hazardous wastes.

Incinerator: Any such closed set used to incinerate by controlled flames in


order to destroy wastes, provided the main aim of the incineration process is
to not make use heat energy as boilers, or minimize or restore the resulting
materials, such as the industrial furnaces.

Backfilling (Dumping): Means wastes disposal by use of an engineering


method, digging the wastes in or over the ground, provided it is not ground
storage dump or treatment utility.

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Transporter (Carrier): is the person licensed to transport wastes.

Article (20)

Selection of household wastes dump shall consider the following


requirements:

(1) The dumpsite shall be at least five kilometers away from


residential areas and be selected upon well-known scientific
basics, which consider the geological and hydrological
properties as well as the climatic factors and the various
human activities.

(2) The dumping site shall be far from such areas of economic
value; agriculture and mineral or unique material
environments areas such as protectorates of unique animal or
plant life, pastures, rain water catchments or course.

(3) The site shall be in a dry and hot weather places in which
evaporation rates exceed rainfall rates. The common wind
direction shall be away from residential blocks or streets.

(4) The space between filling up site and the nearest


subterranean water borehole in the region shall be minimum
2 km. The location shall be in a direction opposite to that of
the region subterranean water stream.

(5) The site shall be place and free of ups and downs. The soil
shall be argillaceous and not sandy. Soil permeability must not
exceed 10-7 cm/second. The area must be free of any earth
cracks or any other various natural phenomena. In addition,
the site must be close to water source and soil strata used in
daily coverage.

Article (21)

Backfilling site design shall have the following conditions:

(1) The site must be specified and connected to specified and


paved ways that are connected with the main road. Traffic
and guidance signs that determine the entry and the way out
of the area.

(2) The site shall be enclosed with an iron fence in minimum


height of 2 meters. The same must be provided with a main
gate for car entry, with a carload scales to weight every car
entering into the location.

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(3) The backfilling hole volume in the site regarding height, width
and depth, shall be sufficient for minimum 15 years use. The
hole walls shall be sloping to insure that it will not collapse.
Some compressed materials that fix the walls shall be used.
The height between the bottom of the hole and subterranean
water shall be minimum 10 m.
(4) The site shall be designed in accordance with engineering and
environmental requirements. Followed in preparing wastes
backfilling locations. These include the following:

a) Site backfilling holes must be padded with


unpenetrating covering or insulating layer of natural
soil such as compressed soil strata. Thereof
permeability must not exceed 10-7 cm/sec.
b) The site shall be provided with accumulating and
bypassing systems of gases resulting from bacterial
dissolution.
c) The site shall be provided with a system for bypassing
water accumulated in the bottom of backfilling holes.
d) The site shall be provided with surface drainage
system to direct rain and floodwater away from the
site.
e) The site shall be provided with a sewerage system.
The same shall be consisted of a layer of pebbles
directly under the surface layer. Therefore, thickness
must be minimum 30 cm. and thereof. Permeability
must be minimum 10-3 cm/ sec. Thereof shall be a
plastic pipe network, which contains holes and ends in
catchments.
f) Monitoring points around the site, shall be installed to
watch the leakage and spread of gases generated in
wastes back filling sites. In addition wastes must be
dug in order to insure subtrainean water validity.
g) The site shall be provided with a station for washing
car tires after discharging its load and before leaving
the site.

Article (22)

On operating the site the following shall be observed:

(1) Separating materials apt to biotic dissolution from other


wastes and not to bury then in the backfilling site.

(2) The site shall be operated in a way that forms no danger on


the citizens’ or workmen’s health, besides following a method

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that depends on spreading the wastes in the form of layers
and mashing them with heavy machines. They shall be
separated with layers of isolating material such as sand or
Gutch (low penetration materials).

(3) Materials shall be buried in cells separated by a layer of


medium size stones which has a vertical pipe with side holes
penetrating it to facilitate gas escape. The same shall be
connected to the generated gas bypass system.

(4) Prohibiting any use of the site for house wastes burial to get
rid of any kind of dangerous wastes, bury any kind of wastes,
or to follow a random burning method in the site under any
circumstances. Moreover, he must continually struggle the
spread of insect, rodents and lost animals at the site in
cooperation with the concerned authorities.
(5) The burial site shall be covered after daily burial with a soil
layer, the thickness of which must not be less than 25 cm.
and permeability of which must not be less than 10-7
cm/second). It shall be showered with water to fix it along
with rolling it with equipment available at the site.

(6) The dumping site shall be covered after the end of the period
determined for its use with a soil layer, the thickness of which
shall not be less than 60 cm. and the penetration of which
shall be not more than (10-7 cm/second). The cover final
sliding degree shall be between (6-10 degrees) to bypass
rainwater to sanitary drainage system in order to prohibit the
wearing away of the site surface layer if not planted.

(7) The special information form shown in Appendix No. (11-4) of


this regulation shall be kept.

Article (23)

All precautions and means necessary for the safety and health of site workers
shall be provided in the dumping site in accordance with what is stipulated in
laws and regulations in effect.

Article (24)

A license from competent authorities shall be obtained in order to collect and


transfer wastes. This license shall be issued after confirming that all
conditions of such wastes transfer safety are available in a way that does not
affect public health, environment or natural sources.

Article (25)

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Importing or exporting of dangerous wastes or permitting its entry or
passings are prohibited in the State of Kuwait. An except thereof is exporting
dangerous wastes which the country does not have the technical ability,
required facilities, means or ports suitable for getting rid of it in an
environmentally safe way, provided that a written approval from importing
authority should be issued as well as the approval of Environment Public
Authority board.

Article (26)

The generator (source) of any of the dangerous wastes provided in the two
Appendixes (11-1), (11-2) of this regulation shall obtain their identification
number from Environment Public Authority.

The generator should comply with the following stipulations:

(1) These wastes production rate shall be reduced in quantity and


quality by developing the used technology; following clean
technology and choosing alternatives of the product or raw
materials that are less dangerous on environment and public
health.

(2) Wastes shall not be transferred outside the site unless after
the approval of Environment Public Authority. Temporary
storage in an environment friendly way shall be observed. Any
authority that produces dangerous wastes due to its activity
must not deal with any waste carriers or storage, treatment or
elimination sites, which do not have identification number
from Environment Public Authority and necessary licenses
from concerned authorities.

(3) Wastes shall be transferred to special sites determined by


concerned authorities in the state.

Article (27)

In selecting the dangerous wastes disposal site following stipulation must be


observed:

(1) The site shall be remote from residential areas in a sufficient


distance. It shall be managed in a way that creates not
danger on citizens’ or workmen’s health. The site shall be
provided with good streets and public services such as
electricity and water. In addition it shall be near the
dangerous wastes generation areas. Materials of daily filling
up and covering, such as soil strata …etc. shall be available
near to the site. The site expiry date shall be 20 years
minimum.

18
(2) The distance between the dangerous wastes disposal sites
and the nearest subterranean water borehole shall not be less
than 2 km. The area shall be free from any agricultural
activities and shall not be of unique nature that makes it
suitable for human usage, such as if it contains some rare or
perishing animals and plants. The filling up site shall be flat
and free of any ups and downs. The soil shall be argillaceous
and not sandy. Soil penetration must not exceed 10-7
cm/second. The area must be free of any earth cracks and
remote from earthquakes, flowages and floods areas. The
length between bottom of the hole and subterranean water
must not be less than 10 meters.

(3) It is necessary to install some monitoring points around the


site to watch gas leakage probability in a horizontal way. It is
also necessary to install a watching system on the generated
gases, as well as to dig some wastes and prepare monthly
report of results to be submitted to the competent authorities.

Article (28)

In designing dangerous wastes disposal site the following points must be


observed:
(1) A network of streets shall be provided to facilitate
transportation and circulation of wastes inside and outside the
site.

(2) The burial whole volume in the site, as for length, width and
depth shall be sufficient to be used for 20 years maximum.
The whole walls shall be side sloping from (1-3) and fixed to
ensure it will not collapse.

(3) The hole walls and bottom shall be covered with a coating
resistant to liquid leakage into subterranean water, bacteria,
heat and sudden cracks. The coating material thickness and
quality must be according to the nature of wastes that are
filled with and subterranean water depth.

(4) The site shall be provided with a drainage system to divert


rain and flood water away from the site. Subsystem shall
consist of a layer of pebbles put directly under the surface
layer and its thickness must not be less than 30 cm. and its
penetration must not be less than (10-3 cm. / second). There
shall be a plastic pipes network, which contains holes and
ends in a corchment.

19
(5) The site shall be provided with a drainage system to bypass
accumulated water in the bottom of backfilling hole.
Therefore, the site ground must be sloping and provided with
plastic pipes with side holes that transfers filtered liquids into
a special hole where such liquids are bypassed and treated if
the filtering materials concentration exceeded the limits
allowed in Appendix (11-3). Then they are disposed after
being treated in a secure way, in condition that the system
shall contain one or two layers.

(6) The site shall be provided with an incinerator to get rid of


wastes to be burnt, and provide different planets special for
treatment of semi solid wastes, such as oil, sludge and some
chemicals before burning them, so as to remove water and oil
from them.

Article (29)

The owner or user of the dangerous wastes disposal site shall comply to the
following:

(1) To obtain a license from concerned authorities after the


consent of Environment Public Authority. This shall be before
constructing and operating dangerous wastes disposal site
and the site shall follow the ways of disposal provided in
Appendix No. (11-5) of this regulation.

(2) To verify, on receiving hazardous wastes, that their


identification number, certified transfer document and
security data form of the freight are available. Each waste
freight shall be checked before receiving it to ensure that it
conforms to stipulations provided in transfer document
attached.
(3) The site shall be operated in a way that creates no danger
on the residents and worker’s health. The owner or the user
shall not follow random burial method and to follow waste
separation and he shall not use the site to bury house
garbage or random burning in it under any circumstances. In
addition he shall check the spread of insects, rodents and
lost animals in cooperation with concerned authorities.

(4) He shall take all necessary precautions in transportation and


circulation of barrels at the site to avoid leakage of its
contents. It important to treat dangerous wastes such acids
and alkalis before burial and to separate liquid dangerous
wastes from other liquids in burial, as well as to define
special places to bury liquid wastes and others to bury solid
wastes.

20
(5) Wastes transportation and burial data form provided in the
appendix No. (11-6) of this stipulation shall be filled. The
data of this form shall be written down in a record special for
the site.

(6) It is necessary to provide suitable means and equipment to


maintain security and health of site workers and to train
them on suitable work methods as well as to put an
emergency plan to face risks if its necessary.

(7) He shall maintain a special record that includes the following


data:

a) A description of each dangerous waste group


delivered and its quantity, quality as well as method
and date of its storage, treatment or disposal, besides
the place and quality of each dangerous waste at the
site.
b) Search results and periodical supervision reports data
of air quality, subterranean water and cases of
emergency.
c) Copies of waste transportation documents and reports
related to them as well as all wastes security data.

(8) An annual report introduce Environment Public Authority


about wastes activities, which includes:

a) The name and address of the site and Environment


Public Authority site identification number and the
period that the report covers.
b) Identification numbers of the site from which wastes
were received.
c) The description and quality of each amount of
dangerous wastes received from each generator
separately.
d) Method of storage, treatment or disposal of
dangerous wastes.

(ARTICLE 30)

Conditions for storing hazardous waste:

(1) Separate substances either by isolating them in a separate


facility or separate them in the same building by using insulated
fireproof walls, or by leaving enough space or placing fireproof
inert substances in between.

21
(2) Isolate the storage area away from buildings and other
installations by erecting a proper fence, and forbid entry to
everyone except to persons working in the area. Substances
must be stored far from the fence area and in a well-organized
way, by leaving enough space for easy movement between the
stored materials. Open storage areas must be used to store
secure substances only. Covering flammable waste must be done
with as little as flammable covers as possible.

(3) Storage sites must be in cold, dry and ventilated areas.

(4) Waste must be stored in containers with edges so that it can


preserve any spillage.

(5) Storage areas must be emptied of flammable sources. A


separate storage must be supplied to liquid waste with glow less
that 32oC. Highly flammable waste should be stored in
refrigerators and cold storages.

(6) Substances should be classified according to their nature. Clear


labeling with large letters so that substances can be
distinguished.
(7) Labels should be place on stored containers so that flammable,
oxidized or poisonous material can be easily distinguished.
Labels should indicate nature of substances, degree of toxicity
and the right way of dealing with the substances in case of
accidents or spillage. Labels should indicate the chemicals name
as well as the commercial name and proper storage indicators.

(8) Separate oxidized waste from other, which it can react to. It
must be stored in dry areas clear of flammable or acidic material.

(9) Unstable chemical substances that are easily solvent must be


stored in airtight containers and dark cold areas. Large quantities
of these substances must be stored in separate areas that are
uncovered so in case of explosions, waves can be absorbed.
Temperature and humidity at this storage facility must be
controlled.

(10) Gas cylinders must be stored away from flammable and heat
sources.

(11) Waste must be stored in protected containers not prone to


breakage or damage. Containers should be closed with covers
that do not allow gas leakage and should be made easy to open.

22
(12) Glass containers that contain highly hazardous waste must be
placed inside bigger containers, which will not react to the stored
material.

(13) Contaminated stores or containers should be cleaned when


closed.

(14) It is necessary to install an alarm system that will operate during


emergencies. The alarm sound must be recognized and staff
working in the stores must handle its mode of operation. It is
necessary to supply the facility with a fire fighting system and
necessary fire fighting equipment to resist fire or spillage.

(15) Daily record of stored substances must be supplied where the


kind, quantity and area of storage must be recorded.

(ARTICLE 31)

The carrier (transporter) that is storing hazardous waste for a period


exceeding five days will be subjected to the special conditions as the owners
and ones who are using storage areas as included in the pervious article.

(ARTICLE 32)

The carrier (transporter) of hazardous waste must adhere to the following:

a) Identification number must be obtained from the Environment


Public Authority.
b) Instructions on loading hazardous waste and delivery must be
followed through transportation document.
c) Different specification substances must not be mixed.
d) Emergency plan must be planed so that emergency cases can
be countered. This has to be certified by the Environment
Public Authority. Necessary equipment must be supplied to
execute this plan.
e) Distinctive plates must be fixed to the sides and back of the
vehicle, plates must include nature and kind of cargo and the
international symbol which must be obtained by permission from
the local authorities. Plates should be removed when
transportation is over.
f) Records and documents of hazardous waste must be kept so
that they can be presented to the authorities when asked.

(ARTICLE 33)

Driver of transportation vehicle must keep the following documents:


a) The document and the notification of the cargo according to the
Appendix No. (11-7) and (11-8) and present them to the

23
specialized authority in the country or other countries, when
exporting hazardous substances according to the exception
included in Article 25 of this document.
b) Notarized copy of the insurance certificate against fire accidents
individuals and property.
c) Training certificate on hazardous waste transportation by safety
means and on handling hazardous waste during emergencies.
d) Detailed logbook on the vehicle’s route.

(ARTICLE 34)

Hazardous waste transportation vehicle must be subjected to specific


conditions according to the type of cargo:

a) ACIDS AND ALKALINES: Vehicle’s container must be resistant to


corrosion resulting from transportation or leakage.

b) WASTE INCLUDING HAZARDOUS (TOXIC) DUST: Room


ceilings must be clean and smooth and must be utilized to put
covering on cargo

c) FLAMMABLE AND OILY WASTE: Vehicle must be supplied with


electric separation instrument and a fire extinguisher chemical
powder cylinder with capacity of no less than 10kg. Exhaust must
be vertical.

d) HIGHLY REACTIVE SUBSTANCES: Vehicle must carry


appropriate fire extinguisher. Cargo must be safely carried in order
to avoid vibration during transport.

e) HEALTH CARE WASTE: Vehicle’s container must be of an


appropriate size with a height of 1-2 meters and must include a
partition between drivers compartment and the rest of the vehicle,
so container can withstand collision at the speed of 30km/ph.
Container should be smooth from the inside and must be able to
withstand cleaning with steam or other chemicals. Containers with
upper cover should not be used.

e) LIQUIDS: Vehicle’s container must be able to carry spill substances


of the same size as of the biggest container (barrel).the volume
should not be less than 10% of the total cargo. And when
transferred to a reservoir or similar containers, it should be closed
and discharge pipes must be fixed to stop leakage.

(ARTICLE 35)

The licensee is obligated to build an incinerator with the following


specifications:

24
A: SPECIFICATIONS OF BUILDINGS AND INSTALLATIONS:

(1) All buildings and installations and special services with regard to
the generator as well as the fire fighting system must comply
with specifications set out by the government authorities.

(2) Incinerator must be inside an open room for ventilation purposes


and must have a ceiling to protect incinerator from climate
changes. Particular location must be designated for waste
collection and incineration. This area must be covered with
reinforced concrete resistant to corrosion. Special points must be
designated to and linked to sewage discharge. Special plans and
specifications for construction of incinerator must receive prior
approval from the Environment Public Authority.

(3) Incinerator building must be provided with a Spare parts storage


area and another storage area for temporary waste storage
where all safety procedures are implemented. Rest rooms for
staff must also be provided. Incinerator doors must be made of
iron or other metal and locked safely after working hours.

(4) An adjacent building next to the incinerator must be provided


specifically for washing and cleaning cars and containers carrying
contaminated waste material. Steam or hot water must be used
then discharged through a public sewage system in the area after
making certain that physiological and chemical specifications of
the water complies to the specifications of the Ministry of Public
Works and the Environment Public Authority. Special treatment
unit must be built if specifications do not apply.

(5) Fuel ground storage and daily services must be provided


according to the Kuwait National Petroleum Company and Kuwait
Fire Service Directorate, relevant documents must be presented.

B- TECHNICAL SPECIFICATIONS FOR INCINERATOR:

(1) Incinerator must be designed to incinerate hazardous waste,


metal waste, medical, solid, liquid and gas waste such as organic
compounds as halogens, chlorine, and different waste from
chemical and microbiological laboratories.

(2) Incinerator capacity must not be less than 500Kg/Hour

25
(3) Incinerator must be supplied with two Incineration rooms. First
room incineration must not be less than 1000oC, second room not
less than 1200 oC.

(4) Design of Incineration room must allow gases in the second room
more than 2 second; percentage of extra oxygen must not be
less than 3% during the incineration period.

(5) Temperatures of gas emissions from the incinerator must be in


the average of 150 oC so as to avoid problems of condensation
and corrosion in the chimney.

(6) Efficiency rate of incinerator should not be less than 99.99%

(7) Incinerator must be equipped with mechanical system to feed


solid waste. Must also be equipped with automatic lifting
containers of different sizes for emptying purposes in the feeding
area. System’s parts must be resistant to corrosion.

(8) Incinerator must be equipped with feeding system for liquid and
gas waste. The system for liquid waste must contain separate
reservoirs. Each reservoir’s capacity must not be less than 30
liters. Each reservoir must separately feed incinerator so as to
avoid mixing waste before the incineration. The whole system
must be resistant to corrosion. Feeding system must be
equipped with automatic washing system.

(9) Incinerator must be equipped with control systems for


contaminant emissions such as filters with an efficiency rate no
less than 99.99% of gas halogens and flying particles during
incineration.

(10) Incinerator control room should be equipped with a main control


board that should be supplied with the following:

a) Open and close switch


b) Separate open and close flame (torch) switch
c) Digital thermometer to record temperatures in
the two incineration rooms
d) Concentration of carbon monoxide and oxygen
must be recorded, to make sure of incineration
efficiency.

(11) Incineration flames must work on natural gas, an alternative


switch must work on diesel fuel.

(12) Insulation layer in the incineration units around diameter and the
partition between substance and outer brick must be of

26
appropriate thickness to minimize outer later rising temperature.
Brick must withstand temperatures no less than 1400 oC and in
the first room must withstand no less than 1600 oC in the second
incinerator unit.

(13) Metal objects of incinerator must withstand temperatures for no


less than 1600 oC.

(14) The main (first) incineration unit or room must be equipped with
a sprinkler system especially when temperatures are increased so
as to limit effects on metal interior.

(15) Incinerator must be equipped with a continuous control and


measurement system as follows:

a) Flow and temperature of gas emissions


b) Total particulate matter
c) Concentrations of carbon monoxide
d) Concentrations of nitrogen oxides
e) Concentrations of sulfur oxides
f) Concentrations of hydrofluorides
g) Opacity
h) Concentrations of total hydrocarbons
i) Ammonia
j) Hydrochlorides

All measurement equipment must be linked to the main incinerator control


room.

(16) Incinerator in the first room must be equipped with mechanical


equipment for getting rid of ash residue. Organic substances
left in ash must be less than 2% in weight

(17) Incinerator must be equipped with appropriate chimney whose


design and material must depend on incinerator capacity. Total
chimney height must not be less than twelve (12) meters from
ground level. Chimney height must exceed the nearest building
no less than three meters.

(18) Chimney must be equipped with opening (hole) to collect


samples of gas emissions. It must be within an appropriate radius
and height from the chimney. Safety procedures must be
provided collecting samples.

(19) Contaminated emissions from chimney must be within the limits


allowed by the Environment Public Authority and must comply
with the following values:

27
Table of allowed averages of
emissions from hazardous incinerators

Pollutant Maximum Limits Pollutant Maximum Limits


Total particulate 34 mg/dscm Mercury 0.05 mg/m3
Carbon monoxide 40 ppm Arsenic 4 µg/m3
Dioxin/Furan 0.1 ng/m3 Chromium 0.5 mg/m3
Hydrogen chloride 70 mg/m3 Selenium 0.05 mg/m3
Sulfur dioxide 50 mg/m3 Antimony 0.5 mg/m3
Nitrogen oxide 250 ppm Copper 0.5 mg/m3
Hydrogen fluoride 1 mg/m3 Cobalt 0.5 mg/m3
Total hydro carbons 40 mg/m3 Manganese 0.5 mg/m3
Ammonia 10 mg/m3 Nickel 0.5 mg/m3
Volatile organic compounds 10 mg/m3 Vanadium 0.5 mg/m3
Lead 0.5 mg/m3 Tin 0.5 mg/m3
Cadmium 0.05mg/dscm Opacity 5% Or less

(ARTICLE 36)

Management of the incinerator must be applied by the following:

(1) Incinerator must be managed in a way that does not endanger


the safety of working staff and citizens. Continuous cleanliness
of incinerator must be followed.
(2) Operation and maintenance of incinerator must be carried by
qualified technicians with enough experience in this field.
Operating and maintenance staff will be subjected to periodical
technical tests by the Environment Public Authority to access
their competence.
(3) Getting rid of ash resulting from incineration must be carried in
dumping areas specially for dumping hazardous waste.
Standards for dumping must be applied according to the
Environment Public Authority.
(4) Incinerator must be maintained periodically according to a
maintenance program. Spare parts must always be supplied and
periodical reports on operating and maintenance must be
presented to the Environment Public Authority.

28
(5) Workers must be trained correctly to operate incinerator and
equipment prior to operation. Staff must be subjected to follow
safety rules.
(6) Masks and appropriate clothing and footwear must be supplied
and must be in good condition in order to protect staff.
Periodical health check must be carried to avoid work-related
diseases. First aid kits must be available.

29
(ii) MANAGEMENT OF HEALTH CARE WASTE

(ARTICLE 37)

Each term is accompanied by following meaning:

 Health Care Waste: All waste that is produced by government or


non-government installations that provide different health care such as
hospitals, clinics, blood banks, dental clinics, laboratories and health
institutes, medicine and antidote production facilities, veterinary
centers, research organizations, nursing from homes. It is divided into:

A- Non-hazardous Health Care Waste: All house hold waste such as


produced by cleaning works inside health installations. This includes the
larger part of total health care waste.

B- Hazardous Health Care Waste: Waste that is produced by


contaminated sources or possible contamination by liquid or chemical or
radioactive contaminants which are considered hazardous to individuals
and society and to the environment during its production, usage,
storage or movement or when trying to get rid of it, and they are
classified as follows:

 Infectious Waste: Waste that contains disease causes such


as (bacteria, virus, parasites, or fungi) and has enough
concentrations to cause disease such as biological cultures,
surgery waste, and Intensive care units waste, dialysis waste of
patients contacting infectious diseases.

 Waste from Human and Animal Residue: Waste that


contains cells, human organs, genetic cells, animal carcasses,
blood and its derivatives and bodily liquids.

 Poisonous Genetic and Cell Material: Highly hazardous


pharmaceutical material such as (medicine, radioactive material,
chemical substances) which has the capacity to kill or stop cell
division, and gene structure and can cause health problems
such as physical deformity in the gene and cancer. Some
substances are used to treat some cancers and transplants in
the nuclear medicine department, tumor treatment, diagnosis by
radiation or any material used in the preparation of such
substances, in addition to the patient’s excretion such as stool or
urine or vomit when treated with the above substances. Also
toilet water after use by such patients.

 Sharp Object Waste: Waste that contains sharp objects such


as syringes, scalpels, surgical gauze, saws, blades, broken glass
or any sharp object that can cause body puncture or tear.

30
 Chemical Waste: Chemical waste that is solid, liquid, or gas
as a result of diagnosis or treatment or from laboratories or
material used in cleaning and sterilization.

 Pharmaceutical Waste: Waste resulting from production and


preparation of medicine and compounds, expired or damaged
medicine, contaminated medicine, serums and vaccines as well
as containers used for the manufacture, packing and distribution
of the above substances.

 Waste which Contains High Concentration of Heavy


Metals: Highly poisonous waste like (mercury residue, cadmium
residue, lead residue).

 Radioactive Contaminated Waste: Waste that contain all


solid, liquid and gas substances contaminated with nuclear
material resulting in the diagnosis of human cells as well as
liquids, and tumor diagnosis.

 Waste from Pressurized Gas Cylinders: Empty or damaged


gas cylinders in addition to cartridges, sterilization containers
and aerosols.

 Incinerator Alternatives: Techniques to treat waste other


than incineration.

(ARTICLE 38)

All rules apply in the first clause of this chapter on handling of health care
waste outside health installations.

(ARTICLE 39)

Handling health care waste requires license from specialized authorities after
getting approval from the Environment Public Authority.

(ARTICLE 40)

Every health installation must have a specific program to manage heath care
waste: this must include the responsible individual for managing health care
waste and ways of dealing with it and ways of handling and getting rid of
waste. There must be continuous training program for all workers in the
installation.

(ARTICLE 41)

31
The following must be implemented when gathering and moving waste inside
a health care installation:

(1) Bags should not be filled with waste for more than three quarters
of its size, they must not be pushed down nor have bodily
contact nor handled from the bottom when carried. It must be
handled from the top, and care must be taken to close all waste
containers before it is transferred for storage. Containers must
be labeled and waste details must be written on label.
Containers containing hazardous or toxic waste must be labeled,
under the supervision of nursing staff.

(2) Waste bags and containers must be collected on a daily basis or


periodically by trolleys with safety specifications for this purpose
by trained staff.

(3) Hazardous health care waste products resulting from infectious


diseases rooms and departments and from intensive care units
must be collected under direct supervision of the health care
waste official.

(4) Cleaning and sterilizing trolleys carrying waste must be done on a


daily basis in a special location within the health installation.
Residue must be treated before disposal.

(5) Labels of the following information must be attached:

a) Name of waste product (health installation or research lab)


b) Name of location (wing or department)
c) Product type
d) Weight and amount of stored waste in container
e) Date of collection
f) Time and date of storage.

(ARTICLE 42)

The following conditions must be applied when storing health care waste
within a health installation:

(1) Designate a specific location to store untreated waste before


transfer, making sure that unauthorized personnel are prohibited
from entering, the location must be far from health care
installations and offices, food storage and preparation as well as
from restaurants. Location must be within easy reach for vehicle
that is designated to transfer waste.

32
(2) Storage location area must have solid floor, resistant and easy to
clean. Area must be supplied with water, disinfection and
sterilization substances and a proper sanitary system. Suitable
lighting system and ventilation and refrigeration and it must be
tightly closed.
(3) The location must be supplied with cleaning material, protective
clothing, safety equipment, fire-fighting system, and disinfection
and sterilization substances. Specialized officials must run the
location.

(4) Bags or waste containers must be stored at separate locations


such as large rooms or buildings suitable for the amount of waste
storage and the number of times and collection. Hazardous
health care storage should not exceed 24 hours during the
summer and 48 hours during the winter. As for waste from
human organs and limbs, these must be treated or gotten rid of
within seven days or refrigerated at temperatures between (0.5
to minus -9oC). Or they must be frozen at less than zero
centigrade, since this waste can be stored after refrigeration for
one month before treatment. It is necessary to store hazardous
waste at a specified location for that purpose away from the rest
of heath care waste.

(5) Storage of radioactive waste with the coordination of the


authorities must be collected in lead containers covered with lead
tops in order to prevent the leakage and spread of radiation
during the period of radioactive disintegration. These containers
must be stored at special locations specially for this type of waste
with the following specifications:

a) Storage location must be in a specially designed building


furnished with fireproof walls and resistant non-porous
floors.
b) The location must be equipped with sample air collection
instruments, alarm system, and control system to monitor
radiation leakage.
c) Location must be equipped with resistant movable curtains
placed in appropriate spot

ARTICLE 43

Plastic bags waste and health care waste containers must have the following
specifications:

FIRST: PLASTIC BAGS SPECIFICATIONS:

- Thickness must not be less than 150 microns, it must be supplied with
cords for tying the bags

33
- The total volume should not be less than 100 liters. Bags should be of
size suitable to fit in container

- The color of these plastic bags will suit the required color mentioned in
Appendix (11-9).

- Highly hazardous infectious diseases waste must be put in bags that


can withstand high temperatures and cannot melt made of
Polyethylene-Polyamide Composite

34
SECOND: SPECIFICATIONS OF CONTAINER WHERE BAGS ARE LEFT
DURING USAGE:

- Must be equipped with tightly shut cover that can be opened with the
foot. Must be of a size that can withstand waste bags and must be
equipped with handles for easy movement.

- Must be easy to clean and made of material capable of withstanding


sterilization, also must be easily movable and equipped with wheels.

- That containers used for yellow colored bags must be labeled with
“hazardous medical waste” on all its sides and cover.

THIRD: SPECIFICATIONS OF SHARP OBJECT WASTE CONTAINERS:

Containers must be made of non-puncturable, non-porous material. Must be


equipped with a tight cover and an opening that permits entry of sharp
instruments. Container size must be suitable for carrying with one hand and
must be equipped for a handle for that purpose.

ARTICLE 44

Rooms and locations specifically equipped, as alternative to incinerators must


have the following specifications:

(1) Must be away from air conditioning fresh air ventilation openings
connected to the hospital, also must be far away from hospital
kitchen, operating theatres and intensive care units.

(2) Floors should be made of non-absorbent material, non-porous


and resistant to sterilization substances.

(3) Interior walls must be non-porous, crack resistant, covered with a


layer of porcelain or any similar material that can easily facilitate
cleaning. Must be concave at area connected to ceiling and floor.

(4) Ceilings must be rust resistant and equipped with heat resistant
material.

(5) Must be equipped with suitable controls system in order to


minimize emission of contaminant gases and foul odors to the
environment. Must be equipped with high efficiency filters.

(6) Must be equipped with a surveillance and observation system to


monitor contaminant gases as well as alarm systems.

35
(7) Must be equipped with air conditioning system also equipped with
air purification filters. Must have separate air-conditioning
system.

(8) Air-conditioning system in the room must be equipped with


negative pressure.

(9) Suitable natural and artificial light must be provided.

(10) Location where liquid waste emanates must be connected to a


nearest drainage network to drain treated waste according to
standards applied in Appendix (14) of this regulation. Location
must have its own drainage system.

(11) Location must be equipped with cleaning equipment and water


hoses to be used by staff in case of chemical spillage on skin.

(12) Location should be equipped with fire alarm system and fire
fighting equipment.

(13) Staff personally on location must be equipped with suitable


protective instruments.

ARTICLE 45

All government, participants and private body wishing to import or use know-
how and system of health care treatment waste must be committed to
acquire a license from the Ministry of Health and specialized authorities after
approval from the Environment Public Authority.

ARTICLE 46

The following procedures must be applied when using know-how technology


alternative to incineration:

FIRST: STERILIZATION BY AUTOCLAVE: This method entails heat effects


resulting from saturated steam with increased pressure at the correct period
of time needed to kill minute living organisms found in waste. The following
must apply when using this system:

(1) The system must be equipped with waste shredding units and a
mechanical feeding system. It must also be equipped with a
mechanical control board with indicators to observe and monitor
heat and pressure. It must also be equipped with a logbook
citing time of operation for each cycle. It is necessary to equip
system with special filters to minimize emission of contaminants
and foul odors in to air.

36
(2) A trained and qualified sterilization technician must operate
autoclave.

(3) Heat and high pressure resistant bags must be used.

(4) Bags should be inserted in autoclave in order to enable all waste


to be exposed to steam and heat throughout treatment period.
(5) Should not be used to treat hazardous, chemical or radioactive
waste or body organs and body parts.

(6) Biological test must be conducted to confirm efficiency of


sterilization by using a challenge test and Bacillus Stearo
Thermophilus Spores. Minimum test result must be 4 Log 10
Reduction. This test should be conducted periodically at least
once a month according to Appendix (11-10) of this list.

(7) Autoclave should not exceed its capacity.

(8) In case of damage, health and environment authorities must be


informed during a time frame not exceeding 24 hours.

SECOND: TREATMENT BY MICROWAVE: This method entails that waste


should be showered with water, then damp waste should be exposed to
microwave within a sealed system, where water will be heated to sterilization
resulting in heat inside waste because of microwave. This system entails the
following:

(1) Must be equipped with one or more than one shredding unit.

(2) Period of sterilization and degree of heat and length of wave and
frequency must be suitable for efficient sterilization.

(3) Efficiency test must be carried out periodically, the rate of


surviving bacteria in waste must not be less than 99.99%

(4) Must be equipped with system to absorb foul odors.

(5) Must not be used to shred tissue and hazardous chemical waste.

(6) Radioactive element used by system after its supposed end of


lease of life end must be disposed of in an environmentally safe
manner.

THIRD: CHEMICAL TREATMENT: this method depends on applying strong


disinfectants such as (Sodium Hypo-chlorite, Chlorine Dioxide, Parasitic Acid).
The following system should be applied:

37
(1) The concentration of chemical disinfectants, degree of
temperatures and period of sterilization must be suitable.

(2) Efficiency test must be carried out by using suitable disinfectants


for the system. Suitable amounts of disinfectant solution must be
applied to suitable disinfection period at the third level. Rest of
disinfectant solution must be treated before disposal in sewage
according to the standards listed in this regulation.

(3) Toxicity Characteristic Leachate Procedure (TCLP) must be


carried out on treated waste residue. Results must comply to
permit standards mentioned in Appendix (11-11) of this
regulation.

(4) Instrument must be of chemical and heat resistant material.


Oxidized substances must be pumped through sealed pipes that
are resistant to chemicals.

FOURTH: HEAT DISINTEGRATION TREATMENT: This method of heat


disintegration through plasma occurs when very high temperatures result in
the disintegration of waste to dust and gases. This procedure occurs in two
stages: in the first stage waste is passed to the first room by plasma in the
absence of oxygen. In the second stage waste is passed to the second room
in the presence of oxygen so that organic modification occurs resulting in
sterilized waste to dump in health waste dumps. The following should apply
when using this system:

(1) System shredder must be at the third level as clarified in


Appendix (11-10) of this regulation.

(2) There must be compliance with permitted amounts of emissions


produced by hazardous waste incinerators as determined by table
of Article (35) of this regulation.

(3) System must not be used to treat tissue and hazardous chemical
waste residue.

FIFTH: RADIATION TREATMENT: This method depends on subjecting


infectious waste to ionized radiation, infrared or ultraviolet radiation for a
specific period to dispose of minute living organisms. Compliance with
Ministry of Health standards must be applied when using this system as
follows:

(1) An alarm system to monitor radiation leakage and radiation


measurement equipment must be fixed.

(2) Floors must be covered with non-porous material and must be


easy to clean.

38
(3) Ceilings and walls must be non-porous and easy to clean.

(4) Location must be equipped with insulation made from an


absorbent material such as lead or cement.

(5) Location exterior must be equipped with cautionary signs to


forbid entry of unauthorized personnel.

(6) Staff on location must wear protective gear made of lead and
must carry radiation measurement instruments.

(7) Location staff must be subjected to periodical medical check-ups.

SIXTH: SHARP OBJECTS WASTE SYSTEM PACKAGING : Sharp objects


waste must be packed in polymer cover and dumped at designated health
care waste dump.

SEVENTH: CONTI NUOUS FEEDING SYSTEM: This system entails that


shredded infectious waste must pass through a heated room where a spiral
cylinder is rotating and hot oil current must pass through it. This system is
subjected to the same conditions as heat disintegration treatment.

THIRD: SANITARY AND INDUSTRIAL SLUDGE

A: SANITARY SLUDGE

(ARTICLE 47)

What is meant by sludge in this chapter is any sticky semi-solid organic


substance held by bacteria, viruses, poisonous metal, organic chemical and
oily substances, in addition to solid sediment discharged by sanitary and
industrial systems. It can also be produced by water treatment installations
and from industrial installation.

(ARTICLE 48)

In all cases, sanitary sludge must be treated before usage.

(ARTICLE 49)

When using sanitary sludge in agricultural areas, the level of contaminants


must not exceed to the limits allowed in the Appendixes (11-11, 11-12, 11-13,
11-14) of this regulation. When used in non-agricultural areas, levels must
not exceed Appendix (11-15) of this regulation.

39
(ARTICLE 50)

The following conditions must apply before marketing and distributing


sanitary sludge:

(1) Obtain approval from the Environment Public Authority to confirm


it corresponds to environmental and health regulations. When
used in agriculture, approval must be obtained from the
Agricultural and Fisheries Authority.

(2) Treated sludge must be labeled as follows:

a) Name and address of product distributor.


b) That product is produced by sanitary sludge and complies
with local standards contaminant concentrations must be
labeled.
c) Warning about product toxicity and must not be handled by
children. Must be used in locations with distance not less
than 10 meters (30 feet) of levels of surface water.

(ARTICLE 51)

Imported fertilizer must be tested at the Agricultural and Fisheries Authority


before release to be sure it complies with environmental standards included in
(Article 49) of this by regulation.

(ARTICLE 52)

When moving or disposing or dumping sanitary sludge, conditions specific to


household waste must apply as shown in the first clause of the fourth chapter
of this regulation.

(ARTICLE 53)

It is prohibited to use non-dry sanitary sludge in other than tree planting


(irrigation plant) or a forestation. When used in planting, trenches no deeper
than 50 centimeters must be dug where sludge is deposited, then it should be
covered with a layer of soil of 30 centimeters, making sure that planting
should be done months after that.

As for dry sanitary sludge, it should be used in tree planting, landscaping


except vegetables whose fruits are under the soil or which can be eaten fresh.
The sludge must be turned over with a layer of earth no less than 30
centimeter in thickness or by gravels earth with total thickness of 30
centimeters.

(ARTICLE 54)

The following should apply when collecting and drying sanitary sludge:

40
(1) Designate a specific location far away from residential areas,
must be enclosed by a fence and equipped with suitable health
installations, separating and tossing over machines.

(2) Sludge must be collected in designated location, spread to a 50-


centimeter layer and periodically tossed over mechanically for six
months at least to guarantee drying out of bacteria.

(ARTICLE 55)

Sludge treatment plants must designate an area of land within the plant and
away from moist and saturated land, for the purpose of temporarily storing
sludge for one day or shorter periods.

In case of sludge surface dumping in piles for less than a period of one year,
compliance with standards in Appendix No. (11-16) of this list must be
observed.

When disposing of sludge by incineration, suitable incinerators must be used,


where temperatures must not be less than 850-900 (Celsius degree)
centigrade, and where conditions listed in (Article 35) and (Article 36) of this
regulation must apply.

B- INDUSTRIAL SLUDGE:

(ARTICLE 56)

Industrial sludge should be treated before disposal by turning it into non-


harmful compounds, or it must be treated to minimize its danger when
thrown in receivable location.

(ARTICLE 57)

Industrial sludge must be disposed of according to the following:

(1) Oily Sludge: sludge and oil must be separated by heating it to


88 centigrade for (4-6) hours, then it must be left for
sedimentation for (12-24) hours, or by chemical or biological
means if possible. Clean oil must be collected and remaining
sludge must be disposed of by the following methods:

a) Incineration: After burning oily sludge, remaining ash must


be dumped at healthy dump locations.

41
b) Dumping: Oily sludge must be mixed with absorbent
substances to avoid oil penetration in ground layer or
underground water.
c) Spreading over agricultural land: sludge must be spread
at (10-15) centimeter thickness for one week in hot areas
and some nutritional substances may be added to facilitate
biological disintegration of sludge.

(2) Toxic Sludge: Disposed of by the following:

a) Dumping: Dumping ditched must be dug according to


environmental conditions specific for dumping hazardous
waste listed in this regulation.
b) Surface Dumping: Sludge must be covered with a layer of
soil and pressed.
c) Incineration: Non-disintegrating organic compounds will be
destroyed in suitable incinerators.
d) Sludge Solidification: By adding substances which will
help it to solidify, such as silicates, cement or lime.
e) Spreading over agricultural land.
f) Chemical or Biological methods.

(3) Chemical Sludge: Disposed of by the following:

a) Incineration: Where organic compounds will be destroyed


in suitable incinerators.
b) Dumping: This method should be used specifically for
sludge containing alum.
c) Spreading over agricultural land: This method is applied
when sludge contains large quantities of lime and alum,
must be spread on land on an average of 2.5 cm per year.
d) Recovery: Lime and Alum can be recovered from sludge by
applying chemical procedures.

42
CHAPTER V
PROTECTION OF MARINE AND COASTAL ENVIRONMENT

FIRST: PROTECTION OF MARINE ENVIRONMENT

(ARTICLE 58)

Ambient seawater quality must be preserved according to specifications listed


in Appendix (12) of this regulation.

(ARTICLE 59)

Liquid-Effluent discharge into the marine environment should not exceed


levels listed in Appendix (13) of this regulation.

In any case, it is not allowed to discharge treated liquid waste in the marine
environment except at a distance no less than 500 meters from the coast.
Liquid effluent should not be discharged in fishing areas, swimming areas and
natural sanctuaries.

(ARTICLE 60)

Industrial liquid discharge into public drains should not exceed allowed limits
listed in Appendix (14)

(ARTICLE 61)

Treated liquid wastewater must not exceed limits allowed listed in Appendix
(15) of this regulation when used for irrigation.

(ARTICLE 62)

Unbottled water must have the specifications listed in Appendix (16) of this
regulation.

Second: Protection of Coastal Environment

(ARTICLE 63)

The following must apply when burying beach:

(1) Verify maximum efficiency of the drying density of sediment area


before and after burying coastal line.

43
(2) Place coastal barriers before starting the digging and burying
operation so that vital locations close to the project can be
preserved from the effects of contaminated substances that
accompanies such an operation.

(3) A homogeneous and suitable burying substance must be used


with the area sediment, care must be observed with regard to
the nature of the coast and the type of waves and currents in the
area.

(4) Same coast sands or sand from delicate environments (such as


gulfs, swamps, and areas close to the coast) must not be used.

(5) Coast must be buried with sand close to its nature. Sand size
must exceed 0.25 millimeter. At high activity coasts sand size
must not be below 0.4 millimeters. Level of mud and in sand
must be from 5% to 10%.

(ARTICLE 64)

The following should apply when building jetties:

(1) Obtain approval from the authorities to build the jetty.

(2) Jetty must be constructed on concrete or steel or wooden


foundations on condition it is not linked so that water and moving
sands can pass through. Level of foundation height must be
suitable to natural coast level. Jetty must face the sea on the
high tide and sanctuaries or boards must not be built on the jetty
sides. There should be one jetty for every five kilometers on the
southern coast.

(3) Coastal jetties must not be constructed near areas where


mangroves grow.

(4) Jetties must be maintained periodically. Pikd sand around


concrete foundations must be moved.

(ARTICLE 65)

Wave breakers, concrete rock walls must be built according to the suitability
of the speed and direction of marine waves and tides. It is prohibited to build
from debris. Periodic maintenance must be observed.

(ARTICLE 66)

Pulling out rocks, gravels or disposing of coastal sands is prohibited except by


permission from the authorities.

44
(ARTICLE 67)

Coastal installations must be far from the coast at a distance of no less than
150 meters from coastal sand line and around the Bay and at a distance no
less than 50 meters from a stable coast. Approval for construction must be
obtained from the Environment Public Authority and other specialized
authorities. Design and construction must comply with the nature of the
Kuwaiti environment and must be preserved.

(ARTICLE 68)

A complete survey must be conducted for the desired area before obtaining a
building license to construct touristic projects on the coastal line. The
following conditions must apply:

(1) Nature of waves, tides, coast declination, type of sediment, water


depth must be determined in order to illustrate the effects of
wave movement toward the possibility of coast erosion or sand
sedimentation.

(2) Designate suitable areas for sport activities such as swimming


and fishing, divide different marine sport activities in order to
preserve delicate marine flora.

(3) Declare the level of distance of the location from industrial or


drainage dumping.

(4) Touristic projects must conform to the coastal nature and


architectural style of the State of Kuwait.

(5) Microbiological results of the touristic coast’s project must be


done at the microbiological laboratory affiliated with the
Environment Public Authority to make sure it is safe for
swimmers.

(ARTICLE 69)

The following conditions must be complied with for obtaining a license to


build a port or harbor:

(1) The Location must be a long distance from oil pipelines, cables,
sewage outlet and delicate environment areas such as fish,
shrimp and bird nurseries. The location must conform to waves,
water currents tided and sediment movements.

45
(2) The Environment Public Authority must be informed about
Digging and debris in order to locate a location for its disposal.

(3) All procedures should be taken to preserve seawater quality and


fish.

(ARTICLE 70)

When building a water distillation plant and electricity power station, all
environmental and natural aspects must be observed when choosing a
location, in order to guarantee that the surrounding environment will not be
affected.

46
CHAPTER VI
PROTECTION OF EARTH CRUST FROM POLLUTION

FIRST: PROTECTION OF EARTH CRUST AND DESERT AREAS

(ARTICLE 71)

Either normal people or campers or any other must observe the following
conditions when visiting desert areas:

(1) Obtain prior approval from Kuwait Municipality to set up camp


after paying insurance fee and retrieving the amount in case all
conditions are observed in this Article or deduct the amount
according to the amount of damage to the environment. Law No.
21/95 as amended to Law 16/96 must not be breached as well
other valid laws.

(2) Camps must be away at a distance no less than five kilometers


from neighboring borders, government, military and oil
installations. As for public roads, electricity lines sanctuaries,
vital installations the distance should not be less than one
kilometer. Camps must be a away from agricultural land and tree
planting areas. It is prohibited to set up camps in residential
areas and close to animal or plant sanctuaries.

(3) Sand barriers or fences or any barriers that may damage the
environment around the camp is prohibited.

(4) Paved and specified roads established by the authorities must be


followed.

(5) Camping area must not be paved with asphalt or the ground
leveled with heavy machines. Camp area must be cleaned and
area must be leveled after use.

(6) All conditions must be followed as stipulated in this regulation


with regard to the preservation of plants and wild animals.

(ARTICLE 72)

The following conditions must be complied with when extracting gravel, sand,
and limestone from specified locations designated by the Kuwait Municipality:

(1) Locations must be far from residential, agricultural and industrial


areas. Also from areas of unique natural environment. It is
necessary that the distance must not be less than five kilometers

47
from high voltage lines. It is important to choose locations
designated by Kuwait Municipality to extract sand.

(2) Groundwater depth in the area must not be less than fifty
meters, the height between the bottom of the whole and
groundwater layer should not be less than ten meters. The
distance between the location and the nearest groundwater well
should not be less than two kilometers.

(3) Lorry drivers must drive on paved roads leading to the sites and
must cover the lorry box to avoid flying objects.

(4) Sand fences should not be placed, and it is necessary to level the
roads and not to leave any litter or equipment at the sites after
finishing work. The area must be environmentally rehabilitated
by spraying it with a stabilizer.

(5) Necessary procedures that will guarantee workers’ health should


be taken, by supplying masks and protective clothing.

(ARTICLE 73)

Without breaching decrees of law number 41 for the year 1988 with regard to
organizing livestock and pertaining rules, in order to graze the following
conditions must be complied with:

(1) It is important to comply with the conditions stated in Article 71


of this regulation with regard to setting up camps.

(2) It is prohibited to uproot plants or collect wood in tree planted


areas.

(3) Grazing animals is prohibited in the southern part of the country


beginning from January until the end of June and in the
northern part from the beginning of July until the end of
December.

(4) It is necessary to comply with the set program with regard to


organization of grazing land and the proper distribution of
animals in grazing areas. Animals should not gather around
water wells.

(5) Fragile grazing land must be distributed and fenced in to specific


areas, where grazing is forbidden without permission. The
authorities must provide animal feed and designated grazing
areas must be fenced.

48
(6) Small fenced areas must be established within the grazing area
and must be in a relatively good condition, where grazing must
be prohibited so that natural reproduction can occur giving a
chance for natural seeding in areas around fences.

(7) Grazing movement should be organized within grazing grounds


by implementing a grazing period that depends on dividing the
grazing area in to two: an area where grazing is allowed and
another where grazing is not allowed, but year after year
grazing should be rotated between the two areas.

Second: Exploitation of land irrigated farming

Article (74)

For exploiting the irrigated land, the following conditions should be conformed
thereby:

(1) Refrain from the use of fragile characteristics in irrigated or


rainy farming.
(2) Reforming of the brackish lands via the construction of
drainage networks with the implementation of modern
irrigation means and the use of soil ameliorations.

(3) Growing the plants that suit the climate, earth quality,
rationalization of water consumption, restriction of brackish
water use, and construction of biological brackish which
match wind blowing, direction and speed.

(4) Refrain from the use of insecticides such as DDT and Aldrin.

(5) The use of the suitable fertilizers which maintain the following
specifications of soil:
Hydrogen Number pH 7.5-8.5
The electro conduct of E.C <6.0 mmhos
saturated soil specimen
Sodium harm SAR <13.0
Percentage of circulated ESP <15%
sodium
Depth till “Gatch” lay or the >1.5 meter
land water level
Calcium carbon ratio CaCO3 <15%
Gypsum GYPSUM <5%
Bulk density Bulk density 1.4+1 gm/cm3

49
(6) Disposal of the agricultural remnants through bury thereof in
natural holes like successive strata should be under the
supervision of the Public Authority for Agriculture Affairs and
Fish Resources as well as the Environment Public Authority.
Disposal of drainage water through surface sewage or using it
in irrigation shall not be allowed except upon permission by
the concerned authority. In case there were sewage water
purification plants, approval from the Environment Public
Authority should be obtained concerning the location of the
drainage prior to the construction of these plants.

(7) When using the liquid remnants in irrigation, the following


criteria should be followed:

a) For the Sandy Lands: The suspended matter


3
should not exceed 1 cm per liter (volume), and
lubes, grease and resins should not be above 10 part
per million and the sulfide (estimated on the base of
S) must not be above 1 part per million.

b) For the Muddy Lands: The hydrogen number


should not be less than 6 and not above 9. The
Biological Oxygen Demand (B.O.D) must not exceed
80 part per million (ppm) and Chemical Oxygen
Demand (C.O.D) should be at 50 part per million
(ppm), the sulfides (estimated on the base of S)
must not be over 0.1 part per million (ppm), grease
lubricants and resins should be less than 5 part per
million, melted salts must be 2000 part per million
(ppm) and cyanide must not be above 0.1 part per
million (ppm).

Article (75)

Wind drift and earth erosion phenomena in non-agricultural lands imply the
stabilization of soil according the location nature and the drift degree via the
use of the appropriate stabilization means.

50
Chapter VII

Protection of the Ambient Air from Pollution

Article (76)

All air pollutants emitted from their various sources should be within limits
that may not affect the quality of the ambient air at the residential or
industrial areas shown in the Appendix Nos. (17-1) (17-2) successively
included herein.

The concerned parties should take the all necessary measures if the criteria of
ambient air quality were breached.

Article (77)

All facilities or individuals should not upon proceeding the various activities –
exceed the community noise levels (Leq) specified in the tables Nos. (18-1),
(18-2), (18-3), (18-4) of these regulation.

The concerned authorities should take the necessary measures when noise
may surpass sound intensity specified in Appendix No. (18-5) of these
regulations for maintaining public peace.

Article (78)

Vehicles with exhausts produce substances above the maximum limits shown
in Appendixes Nos. (19-1), (19-2) of this by-law should not be used.

The concerned parties should protect the environment against contamination


in coordination with Environment Public Authority.

Article (79)

Air pollutants emit from any fixed facility should not exceed the allowed limits
specified in Appendix No. (20) of this by-law.

The facility’s owner should keep a sealed and numbered record from
Environment Public Authority for scoring emissions and their quality. He
should notify the Authority in case such emission exceeds the aforementioned
limits.

51
Chapter VIII

Biodiversity Diversification

Article (80)

The following terms shall have the meanings as explained against respective
terms:

National Conservation Land: They are geographical areas demarcated by


Environment Public Authority. They are classified, organized and managed to
achieve specified goals with the aim of maintaining the natural heritage and
the biological diversification. Other authorities may establish parks for specific
purposes upon approval of the Environment Public Authority.

Trading: Covers import, export, sale, offer for sale, bargaining and exchange.

Endangered rare species: Means any animal or plant or other creatures which
live in their natural habitat, and rate of their interbreed is less than their
perish rate which may lead to drop in their number below the normal ratio.

Article (81)

Catching hunting, killing, collecting or causing harm to all primitive land or


marine species are banned as well as their youngsters, eggs, nests or shelters
for two years as from the date of this by-law. Uprooting or causing harm to
the coral reef and their compound is also prohibited. Hunting for the
scientific purposes or for the public interests and what is allowed by the Public
Authority for Agriculture Affairs and Fish Resources is exempted from the
above.

Article (82)

Practicing any activity within the parks supervised by the Environment Public
Authority or any other party which may damage or destroy the ecological
environment or causing how to wild or marine life, or hurt their aesthetic
value, or break the natural balance.

Parties permitted by the Authority to carry out some activities for scientific
and security purposes are released from the above.

Article (83)

Any works, activities or acts performed at the areas surrounding the game
parks which may have effects on the game park or the natural phenomena
are prohibited except upon the Environment Public Authority approval.

52
Article (84)

The Environment Public Authority in coordination with the other concerned


parties shall handle the operations of continuous monitoring and supervision
to ensure the implementation of plans, decisions and regulations concerning
the execution of the programs related to the protection and reproduction of
animals and plants especially those endangered with extinct, and the
rehabilitation of the extinct species.

Article (85)
Trading with primitive extinct creatures, or any part or products thereof is
prohibited. Their lists are specified by the Environment Public Authority in
agreement with the concerned parties and also those mentioned in CITES
Treaty and other valid international agreements. Cases licensed by the
concerned authorities upon the approval of the Authority and related to
scientific or treatment purposes or for zoos or fairs, is exempted from the
above.

53
Chapter IX
General Provisions

First: Legal Control

Article (85)

Employees who are mandated by the General Manager of the Environment


Public Authority shall have the capacity of legal control pertaining the
execution of the provisions of the Law No. 21/1995 concerning the
establishing of the Environment Public Authority, modified by Law No.
16/1996. For that purpose, they will investigate and vindicate the breach of
the said law regulations, and what would be needed of steps such as access
to violation venues, drafting reports and referring them to the concerned
investigation power, taking specimen, and measurements and carrying out
the necessary studies in order to determine the range of environment
pollution, sources thereof, and ensuring the implementation of rules regarding
environment protection. They may also resort to policemen to implement the
above if necessary. They may carry out medical checks including taking
biological specimen from any person had been vulnerable to contamination
after obtaining his written approval thereon.

Second: Reconciliation Rules

Article (87)

The General Manager of the Authority or any of the employees mentioned


above or appointed by the general manager may accept reconciliation for the
breaches specified in Law No. 21/1995 modified by law No. 16/1996 and the
successive executive regulations and decisions concerning the establishment
of the Environment Public Authority. They may notify the violator of his
contravention and confirm the reconciliation in a report. The violator who may
accept reconciliation pay within one week as from the date of the petition
Kuwaiti Dinars ten thousand, the maximum limit of the penalty specified in
Article No. (13) of this law. The penal case and effects thereof shall be ruled
out by reconciliation and the payment of the said amount.

Anyone of the above may reject reconciliation if that was justifiable through
the conduct of the violator or repetition of the law provisions or the executive
decisions thereof.

Reconciliation request shall not be accepted unless the violator removed the
pollution sources or damages thereof at his own expense.

54
Third: Indemnity for the Environmental Damage

Article (88)

The Authority, Board and other specialized parties may claim for
compensation for the environmental destruction in accordance with the rules
specified in the civil law, and the international treaties in effect.

Fourth: Penalties

Article (89)

Acts that contravene the provisions specified in this by-law shall be punished
by the penal defined in Article (8, 10, 13) of Law No. 21/1995, amended by
Law No. 16/1996 concerning the establishment of the Environment Public
Authority.

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