Responsibilities of hazardous waste source owner in Vietnam

Responsibilities of hazardous waste source owner in Vietnam (Internet image)

1. What is hazardous waste?

Waste means any matter in a solid, liquid or gaseous form or other form which is discharged from production, business operation, service provision or living activities or from other activities.

Hazardous waste means any waste that exhibits any one or more of the following characteristic properties: toxicity, radioactivity, infectivity, ignitability, reactivity or corrosivity or exhibits any other hazardous characteristic properties.

(Clause 18, 20, Article 3 of Law on Environmental Protection 2020)

2. Responsibilities of hazardous waste source owner in Vietnam

Pursuant to Clause 1, Article 83 of the Law on Environmental Protection 2020, Article 35 of Circular 02/2022/TT-BTNMT, every hazardous waste source owner has the responsibility to:

- Specify quantity and type of hazardous waste in the application for issuance of the environmental license or environmental registration contents;

Specifically, the hazardous waste source owner shall declare the weight and type of hazardous waste generated (if any) in:

+ Application for granting an environmental license according to regulations of Article 28 of Decree 08/2022/ND-CP;

+ Environmental registration contents specified in Article 22 of Circular 02/2022/TT-BTNMT.

- Identify, classify, collect and separately store hazardous waste and not to mix it with non-hazardous waste, avoid causing environmental pollution;

Accordingly, the hazardous waste source owner shall immediately classify hazardous waste after the waste is brought into the hazardous waste storage area at the facility that generates hazardous waste or the treatment facility according to regulations of the Law.

- Reuse, recycle, treat, co-process and recover energy himself/herself in accordance with regulations of law or transfer hazardous waste to facilities having an appropriate environmental license.

In cases the hazardous wastes are reused, preliminarily processed, recycled, treated, co-treated and allowed to recovery energy at the facility according to the contents of the granted environmental license, the hazardous waste source owner shall be allowed to choose whether or not to classify hazardous waste.

3. Regulations on hazardous waste storage in Vietnam

3.1 Requirements for hazardous waste storage

According to Clause 2, Article 83 of the Law on Environmental Protection 2020, the hazardous waste must be stored in accordance with the following requirements:

- Classified hazardous waste must be stored separately;

- Hazardous waste must not be mixed with normal waste;

- The storage must not result in release of dust or leakage of liquid waste into the environment;

- Hazardous waste shall be only stored for a given period of time as prescribed by law.

3.2 Requirements for packaging containing hazardous waste in Vietnam

Pursuant to Clause 4, Article 35 of Circular 02/2022/TT-BTNMT, packaging containing hazardous waste shall meet the following requirements:

- The hazardous waste packaging (hard or soft packaging) shall ensure the safe storage of hazardous waste without damage or tear;

- The soft packaging shall be sealed. The hard packaging shall have a tight-fitting lid for the purpose of preventing from leaking or evaporating;

- Liquid waste, slurry or waste containing volatile hazardous components shall be stored in a hard packaging with the capacity that is less than 90% or a headspace that is 10 cm.

3.3 Requirements for hazardous waste storage equipment in Vietnam

According to Clause 5, Article 35 of Circular 02/2022/TT-BTNMT, the storage equipment (with a hard shell and large size such as a tank, a container or other similar equipment) shall meet the following requirements:

- The storage equipment shall ensure safe storage of hazardous waste, have reinforcement or special design at the connection and the loading, unloading point or filling and discharge stations in order to avoid leaking;

- The storage equipment shall have hard structure that is capable of withstanding impact, not damaged, deformed, torn due to the weight of waste throughout the process of use.

- The storage equipment shall have a warning sign according to Vietnam regulations on warning sign regarding to hazardous waste and have a minimum size that is 30 cm in each direction;

- The equipment for storing hazardous liquid waste or waste containing volatile hazardous components shall have a tight-fitting lid and function that ensure evaporation control.

The filling and discharge stations shall have overflow guard, overflow protection to ensure the headspace that is 10 cm If the hazardous waste storage equipment does not have volatile hazardous components, the close-fit between a lid and equipment shall not be compulsory.

However, the equipment shall have a lid or other tools that ensure complete prevention from wind, sunlight and rain;

- The hazardous waste storage equipment shall have a capacity that is at least 02m3 or meets the regulations of section 3.2. The equipment are located outdoors but it shall be tightly sealed and prevent rain water from entering.

In case of storing hazardous waste or hazardous waste groups that are capable of chemical reaction with each other in the same storage equipment, the equipment shall be isolated in the process of storage

3.4 Requirements for hazardous waste storage areas in Vietnam

The hazardous waste storage area (a warehouse that is not compulsory) shall:

- Have a tight surface floor that ensures no penetration and rainwater overflowing;

- Have a roof for the purpose of protecting the entire hazardous waste storage area from sunlight and rain, design or equipment for limiting wind that directly blows inside.

- However the hazardous waste storage equipment with a capacity that is more than 02m3 is located outdoors;

- The area shall be isolated from the areas of hazardous waste or other groups of hazardous wastes that are capable of chemical reaction;

- Ensure no liquid that is leaked outside when leaking and overflowing.

(Clause 6, Article 35 of Circular 02/2022/TT-BTNMT)

Van Trong

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