Yemen has recently enacted several Laws and Republican Resolutions, bylaws, and regulations pertaining directly or indirectly to the conservation of the environment and to natural resources. However, an authenticated English translated version of such laws & regulations not yet available and hence this post highlights the applicable environmental requirements & laws in Yemen for the disposal of hazardous waste, as well as environmental requirements for solid waste management.
1.1 Disposal of Hazardous Waste in Yemen
The EPL (26) for 1995 and the PMR (148) for 2000 form the main legal frameworks governing hazardous materials and hazardous wastes. The EPL defines in Part (1), Chapter (1) Article (2) Hazardous Materials as the materials and substances of high toxicity or radioactive characteristics or which could explode or which could cause corrosion or harm to humans, or to living organisms or to the environment. Hazardous wastes are defined as the wastes generated by industrial, chemical or radioactive processes which are hazardous because of their contents of materials or concentrations of materials or their chemical reactions or by their toxicity or potential capacity of explosion or causing corrosion or other characteristics which can cause danger to human, animal, or plant life or to the environment whether individually or upon contact with other wastes. Handling of hazardous waste is defined in the law as all the processes that start from the time the wastes are generated until they are safely disposed of; and includes collection of waste, storage, transportation, treatment, or disposal or recycling including subsequent operations of taking care of the disposal or dumping or burial sites. A toxic substance is defined in the law as any substance which enters or may enter into the environment in quantities or concentrations which cause damage to the natural environment necessary for human life and other living organisms whether the impact is instantaneous or long term or causes danger to life or human health.
1.1.1 EPL (26), Part 3
Part (3) of the EPL regulates activities harmful to the environment. It has six Chapters with the first Chapter dealing with Control of Activities harmful to the Environment (Articles 22-29). The second Chapter discusses the technical standards, criteria and specifications (Articles 30-43). Chapter 3 regulates projects licensing and EIA as discussed earlier (Articles 35-43).
Chapter 4 regulates handling of hazardous substances and wastes. This Chapter comprises twelve Articles (Articles 44-55).
1.1.1.1 Chapter 4, Article 44
Article (44) stipulates that:
It is not permissible without a previously given license from the competent authority (body) to handle hazardous substances or toxic substance or substances which are potentially hazardous or toxic.
The EPA in consultation with the competent authority and the specialized scientific agencies a list of the hazardous or toxic or potentially hazardous or toxic substances. The list is to be named (the list of hazardous or toxic substances). The Council of Ministers issues a decree preventing handling materials mentioned in the list.
The EPA in consultation with the agencies mentioned in the previous bullet should review the proposed list of hazardous and toxic substances, and change, add, or update the list in light of scientific and technological progress. The changes in the list must be issued by a cabinet’s decree.
In specifying the materials in the list it is allowed to make use of national and foreign expertise and also the publication of international governmental or non-governmental agencies regarding lists of hazardous or toxic materials.
1.1.1.2 Chapter 4, Article 45
Article (45) stipulates the right of any person (natural or legal) to request the EPA in writing to add one or more substance to the list and give reasons for the addition. The EPA should study the request during a period to be specified in the PMR and notify the applicant of the result and the reasons for the decision. In case of acceptance of adding one or more substance to the list, the changes are subject to the provisions mentioned in the previous Article.
1.1.1.3 Chapter 4, Article 46
Article (46) allows the competent authority (relevant agency), in order to evaluate the extent of hazard or toxicity, to request information (listed in the Article) from any public or private agency on the nature, composition of the substance or product, the quantities and different uses through the official laboratories.
1.1.1.4 Chapter 4, Article 47
In Article (47) the cabinet has to mention in its decree of adding to the list the measures to be undertaken regarding the additional substance or substances especially:
Partial or total prohibition of importation, or manufacturing, or use, or sale, distribution or handling of that substance.
Licensing the importation, or manufacturing, or use, or sale, or distribution, or handling of that substance.
Quantities or concentrations of the substances that could be disposed of into the environment alone or in combination with another substance produced from a different source.
Methods, conditions and places of disposal.
Quantities and concentrations of the substance which could be contained in the exported or imported products or in products for sale.
Conditions of storage, transportation of the substance or the product containing it.
Packing and labeling the substance.
Other measures that the cabinet deems necessary to implement the provisions of the EPL and the PMR.
The cabinet has the right, if there are reasons to do so, to cancel any condition or previous prohibition.
Resolutions on the previous two bullets must be published in the official gazette.
1.1.1.5 Chapter 4, Article 48
Article (48) obliges any person who has a license for importing or manufacturing or sale or transportation or distribution or handling a hazardous or a toxic substance or is potentially hazardous or toxic to notify the competent authority or relevant agency of all the information he has or available with him which allows the determination that this substance is hazardous or toxic.
1.1.1.6 Chapter 4, Article 49
Article (49) obliges the competent authority to issue regulations dealing with handling hazardous or toxic substances which are not mentioned in this law particularly regarding:
Specifying the substances or groups on which information must be provided
Schedules of providing the information and the manner in which it should be provided.
Identifying the persons responsible for the hazardous or toxic substance.
Limits of the allowable quantities to be handled.
Measures to be followed to evaluate (determine) the danger and extent of the composition of toxins in the substances.
The laboratories and research centers through which the hazards and toxicity are determined.
1.1.1.7 Chapter 4, Article 50
Article (50) prohibits any person (natural or legal) or any other body of releasing (disposing of) into the environment hazardous or toxic substances or potentially hazardous or toxic substances. In case this occurs the person/body has to take all necessary measures to prevent any danger from this release (disposal) or minimize\the danger to human health or the environment or other living organisms.
Each person (body) has to notify the competent authority in case of such release (disposal)
If the person in charge of the disposal is not able to take the measures stipulated in the previous paragraph or failed to do so the EPA or any other competent authority has to take the necessary measures under the circumstances or ask any person or body to do so. The competent authority may recover the costs of removing the danger and other measures undertaken from the person causing the danger or the relevant concerned person or body
1.1.1.8 Chapter 4, Article 51
Article (51) stipulates the state bears the direct or indirect expenses resulting from undertaking the measures depicted in the previous Article. The competent authority should recover the costs through administrative means from the non-complying person (body) or through filing a case in the court.
1.1.1.9 Chapter 4, Article 52
Article (52) in its first paragraph permits that the provider of information on the hazardous or toxic substance to request the confidentiality of the information and the conditions under which the information could be disseminated. In the second paragraph, Article (52) obliges all the relevant agencies responsible for issuing licenses to (capitals) or to investors not to accept or approve projects or investments which are harmful to the environment or which increase the rates of pollution. In the third paragraph of this Article the competent authorities must include the condition of conserving the environment and combating pollution in all projects and contracts concluded with national and foreign investors or future projects.
1.1.1.10 Chapter 4, Article 53
Article (53) stipulates it is absolutely forbidden for any public or private body or natural or legal person to import or bring in or bury or drown or store hazardous or toxic or radioactive substances or to dispose in any manner into the Yemen environment.
1.1.1.11 Chapter 4, Article 54
Article (54) prohibits all ships, airplanes or other means from entering the territorial waters of Yemen or landing in the Yemen airports or using Yemen as a transit area if they carry hazardous wastes, or toxic or radioactive wastes except in accordance with the international agreements and with a prior permit from the Cabinet after the approval of the Council of Deputies (Parliament).
1.1.1.12 Chapter 4, Article 55
Article (55) obliges the competent authority to study and evaluate the general status of general cleanliness and the extent of danger from the types of garbage components, sewage disposal, solid, and liquid wastes. In particular, it has to determine:
The landfill sites in coordination with the EPA.
The methods and conditions of disposal of solid, liquid wastes, or their burial or transporting the wastes or ridding of them in any manner in the territorial waters.
Other measures to be undertaken which the EPA deems necessary to prevent the dangers from such disposal and the competent authority has to notify the EPA of the results of the study and evaluation.
1.1.1.13 Chapter 4, Article 56
Part (5) deals with environment conservation and economic development. It discusses in Articles (56-57) the considerations of environmental protection, combating pollution, and rational utilization of natural resources.
1.1.1.14 Chapter 4, Article 57
Article (57), in particular, obliges the Ministry of Oil and Mineral Resources and the relevant Public Institutions to include the conditions of protection and conservation of the environment in all oil contracts with the national and foreign companies licensed to explore or drill or exploit the oil fields or other mineral resources including means of transportation of oil and gas or treatment of the disposed of substances or wastes. These companies must use safe methods which do not result in any damage to the environment. These contracts must contain the penalties’ conditions and the obligation to pay for removal of environmental damages and the compensations for it in addition to the specified penalty.
1.1.2 EPL (26), Chapter 6
Chapter (6) in Articles (58-61) dealing with environmental monitoring regulates the establishment of environmental monitoring networks by the EPA in collaboration with the other specialized agencies. It vests in the EPA the authority of obliging owners of projects or activities to install and operate equipment for monitoring the indicators and specifications of wastes and pollutants produced by these projects and activities.
1.2 PMR Regulations of Hazardous Waste
The PMR, as mentioned earlier, regulate hazardous substances and hazardous wastes in Chapter (2) of Part (2) in the Articles (12-27). These Articles elaborate on the requirements of the provisions of the EPL vis-à-vis hazardous substances and hazardous wastes. They represent interpretations of some of the provisions in the law or give more details on procedural requirements.
The first section of Annex (3) of the PMR specifies the hazardous substances and wastes which should not be transported and handled except under permission from the competent authority. Article (14) of the PMR prohibits the competent authority from giving a permit to handle the hazardous substances and wastes mentioned in the first section of Annex 3 before consulting with the EPA and obtaining the EPA’s prior consent to permit handling those substances.
Regarding the hazardous wastes in Section (2) of Annex (3) of the PMR Article (13) stipulates it is not allowed to handle those wastes except in accordance with the controls and measures put by the Ministry responsible for the waste and in coordination with the EPA regarding the handling of each of the substances and the method of getting rid of the empty packs of the substances after their handling.
Article (14) of the PMR specifies the requirements for applying for permission to handle hazardous substances and wastes and specifies the commitments which the applicant has to make in writing and attach them in the application. Article (14) vested in the EPA and the competent licensing authority the right to permanently monitor and regularly follow up the installations (plants) which produce or handle these wastes and their means of storage and transportation. It obliged the producer to take all precautions which would guarantee that no damage occurs to the environment. The PMR allowed the EPA and the competent licensing authority to withdraw the license if the licensee (or any person under him) violates the conditions of protecting the environment stipulated in the PMR. Withdrawing the license does not exclude placing claims to the court for appropriate compensations to tackle the problems ensuing from violating the conditions stipulated in the PMR concerning the handling of hazardous substances and wastes.
Article (17) of the PMR spells out the precautions which must be undertaken by the bodies which produce or handle hazardous substances and hazardous wastes. These bodies are also considered legally responsible for compensating persons living in the areas surrounding the sites of production or handling and storage of hazardous substances and wastes for incidents (damages) caused by accidents resulting from these activities, emissions or harmful leakage of hazardous substances and hazardous wastes produced by these bodies.
Article (18) of the PMR details the precautions which must be undertaken by the producers or importers of hazardous substances during production or importation of such substances. Article (19) forbids the importation of hazardous wastes or allowing such wastes to enter or pass through Yemen.
1.2.1 PMEP Law 11 Requirements for Hazardous Waste
The PMEP Law (11) for 1993 stipulates in Article 10 that:
The owner of any vessel carrying polluted substances from or to any port in Yemen or passing through the area free of pollution must carry a certificate confirming financial responsibility or financial guarantee in accordance with the relevant international agreements and conventions or the resolutions (decisions) of the PCMA according to this law.
In addition to what was mentioned in the bullet above, the PCMA when it asks for compensations and costs resulting from any pollution in the area free of pollution, has the right to get these compensations and costs from right or financial coverage in the protection clubs in which the owner of the vessel is a member or from cooperation agreements between vessels’ owners or other insurance institutions and protection of different types.
The certificates and financial guarantees mentioned in the two paragraphs above must be submitted to the PCMA when the vessel enters any Yemeni port or before entering the area free of pollution if requested. The certificates and financial guarantees must be valid throughout the stay of the vessel in the area free of pollution.
1.2.2 Pollution Free Zones
The area free of pollution (or pollution free zone) is defined under the EPL (26) for 1995 in Article (2) item (19) as the territorial waters, adjacent waters, the EEZ and the continental shelf area and any other area specified bylaw.
It is important to note that the Republic of Yemen had joined the Basel Agreement concerning the control of hazardous wastes and their disposal according to the Republican Resolution (32) for 1995 concerning protection of the environment issued on 3rd December 1995 and published in the official Gazette issue 23 on 15th December 1995. In July 2004 the EPA published the National Strategy for the Integrated Management of Hazardous Wastes and the Implementation of the Basel Agreement in the Republic of Yemen.
1.2.3 PMR Requirements for Hazardous Waste Reduction
Article (21) of the PMR obliges bodies producing hazardous wastes to work on reduction of the averages of generating the wastes in quality and quantity through improved technology, or alternatives to the substances generating the waste, or finding other options to reduce damage to the environment and public health from the prime substances used in production. Article (21) obliges these bodies to construct and operate units for treating these wastes at source point after the approval of the EPA regarding method of operation, treatment and the technical specifications of the treatment units. The bodies are obliged to keep records of the wastes and their descriptions in terms of quantity, quality and methods of disposal.
If it is not possible to treat the waste at source point, Article (21) allows for collection and disposal of the wastes under the conditions detailed in Article (22) of the PMR which regulates the collection and storage of hazardous wastes, Article (23) which regulates transportation of hazardous wastes, Article (24) which regulates sites for hazardous wastes treatment plants, and Article (25) which depicts the conditions under which reuse and recycling of some hazardous wastes could be undertaken. Article (26) deals with hazardous wastes which cannot be reused or recycled and obliges the EPA in coordination with the competent authorities to find methods for dealing with such wastes. Article (28) deals with monitoring ecosystems at the sites of treatment and disposal of hazardous wastes.
1.2.4 Solid Waste Management
The EPL obliged the competent authorities in Article (55) discussed earlier to study the extent of the dangers of the components of garbage, sewage and liquid wastes. The specific law (40) for 1999 on general cleansing deals in more details on solid wastes and public health. It vests the authority of supervising and following its implementation in the Ministry of Public Works and Urban Planning (PWUP). The law has six Chapters in 44 Articles.
Chapter (1) has the name of the law, definitions and objectives while the last Chapter has general and concluding provisions.
Chapter (2) addresses the collection, transportation and disposal wastes. Article (5) obliges each natural or legal person not to throw, place or leave wastes in the squares, plazas, gardens, streets, pavements, passages and alleys whether public or private or putting wastes on the roofs, balconies of buildings, beaches, agriculture areas, flood paths, wadis, and open land. It forbids burial, burning or placing of waste in places other than those specified by the PWUP. Article (6) obliges everyone to put waste in covered containers and Article (7) obliges the PWUP to place well covered boxes, barrels or containers in specified areas. Article (8) regulates the transportation of wastes and Article (9) regulates wastes from workshops, industries and other institutions.
Chapter (3) deals with transportation of liquid wastes and their disposal. In Article (11) the PWUP is to coordinate with the offices of the National Water and Sewage Agency (NWASA) concerning the suitable places for treatment and disposal of solid waste and waste water, lubricants wastes, industrial waste and other urban wastes and the conditions for disposal Articles (12-16) deals with specific requirements for disposal the various types of wastes.
Chapter (4) deals in Articles (17-22) with landfills.
Chapter (5) regulates contracting the works of collection and disposal of wastes to private contractors.
Chapter (6) in Articles (30-37) specifies penalties for the various violations of the law.
REFERENCES
1. Environmental Protection Law No. (26), Republic of Yemen Council of Ministers, (2003).
2. World Bank Guidelines for Environmental Assessments, 1993.
3. IFC Guidelines for Environmental Assessment, 2003.
4. Procedure for the Environmental and Social Review of Projects, International Finance Corporation, 1998. provisions of the law.