Legal provisions on closure of daily-life solid waste landfills after termination of operation

Circular 02/2022/TT-BTNMT, in which the closure of daily-life solid waste landfills after termination of operation is specified as follows:

- The closure of daily-life solid waste landfills shall be conducted in one of the following cases:

+ Daily-life solid waste buried in daily-life solid waste landfills with the largest capacity according to the receiving capacity already approved by competent agencies;

+ The waste treaters are not capable of operating the daily-life solid waste landfills and failing to transfer the operation of daily-life solid waste landfills;

+ Waste treaters who wish to close the burial sites must report such to provincial-level state management agencies in charge of environmental protection;

+ To close daily-life solid waste landfills at the request of competent state agencies.

Before the closure of landfills, waste treaters shall have to send notices to provincial-level environmental protection agencies in their localities on the time of closure of daily-life solid waste landfills for supervision.

- Procedures for closure of daily-life solid waste landfills:

+ Household solid waste landfills must have the upper layer of clay or coated with HDPE plastic layer or equivalent material greater than 30%, ensure the standard humidity and be carefully compressed, have a thickness of more than or equal to 60 cm.  The slope from the foot to the peak of the ground rises gradually from 3% to 5%, constantly ensuring good water drainage and preventing landslide and subsidence. Then perform the following activities: coating the buffer layer with common component of sand from 50 to 60 cm; coating the cultivated soil layer (soil layer) with thickness from 20 to 30  ; planting grass and green trees;

+ Daily-life solid waste burial sites with many burial squares, which can close each burial of daily-life solid waste according to the order specified at Point a of this Clause;

+ After the closure of daily-life solid waste landfills, waste treaters shall have to make reports on the actual state of daily-life solid waste landfills and send them to provincial-level environmental protection agencies. A report on the status of MSW landfill, including contents prescribed in Point d of this Clause;

+ Major contents of the report on current conditions of domestic solid waste landfills: the operation status, effectiveness and capacity of all works in the daily-life solid waste landfills, including the anti-permeability system of the daily-life solid waste landfills, the system for collection and treatment of leachate water, the system for collection of waste gases and other environment protection works (if any) in accordance with law; the result of monitoring of the quality of wastewater, the underground water quality and the emissions from the daily-life solid waste landfills to the environment; the report on environmental restoration, renovation of landscape of the area for daily-life solid waste landfills and measures to prevent environmental pollution in the subsequent years; the topographical map of the area of daily-life solid waste landfills after the closure of daily-life solid waste landfills;

+ Waste treaters shall collect and treat wastewater and exhaust gas discharged from daily-life solid waste landfills into the environment after the landfills are closed according to regulations.

- The closure of daily-life solid waste landfills shall be considered completed when the following requirements are met:

+ Requirements specified in points a and c clause 3 of this Article;

+ Wastewater and waste gas from daily-life solid waste landfills discharged into the environment up to environmental technical regulations.

- After the closure of daily-life solid waste landfills, continuing not to let humans and animals leave and enter free areas, especially on the areas where gas is concentrated; there must be signboards and safety instructions in the landfills.

- Hand over the premises to the competent authority after the closure of daily-life solid waste landfills as regulated in Point c Clause 2 Article 80 of the Law on Environmental Protection.

- Before reusing the landfill, the investor of the project on re-using the landfill shall assume the following responsibilities:

+ Monitoring the environmental changes at the observation locations; evaluating relevant environmental elements; strictly inspecting bores used for recovery of gas gas, ≤ 5% when gas concentration is re-used;

+ Re-establish the topographic map of the area of daily-life solid waste landfills;

+ continue to carry out the treatment of leachate, waste gas (if any) as prescribed while waiting for reuse of daily-life solid waste landfills.

- Method of calculating and estimating expenses for environmental renovation of daily-life solid waste landfills specified in Form No.

Anh Duy

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