Waste Generators, classification, landfill, waste laws and regulations etc.

Waste Generators, classification, landfill, waste laws and regulations etc. JICATraining 15 June, 2011 Kenzo OOKA

Basic waste management rulesfor waste generators • Waste generators have strict responsibilities to manage their wastes, however, the duty to treat municipal wastes lies with local government. • Without issuing waste manifest or a written contract , the generator shall have a duty to recover any illegal dumping. • Special wastes mean being explosive, ignitable, poisonous, or infectious and may be harmful to human health or to the living environment. • Waste generators are required to define their waste. • Why?

Teshima case： \2000－\300＝\1700 • RM80 – RM12= RM68 • Metal recovery from ASR(automobile shredder residue): ASR was sold to a landfill operator RM12/ton, however, RM80 per ton was requested as shipping charge. • They contended that ASR has commercial value, not wastes, and their operation is not covered by Waste regulations. It is just a camouflage and they were accused. ‘Ferosilt’ \3000－\150＝\2850RM120-RM6=RM114 Huge chemical company sold sludge mixed ‘construction soil’ RM6/ton, however, paid RM120/ton kickback as marketing fee. The company simply paid RM114/ton as waste disposal? Plant senior manager got two-year imprisonment and RM1.6 million fine. 3

Penalty under Wastes laws and regulations • Until 1970s there are no major rules on wastes. • In 1977, waste treatment & landfilling business required to reporting duty. • In 1992 permission systems introduced and scheduled ‘Special wastes’ • as well as manifest system was implemented. • In case of illegal dumping; 6 months imprisonment or \500,000 fine • In 1997 • In case of illegal dumping; 3 years imprisonment or \10,000,000 fine • If the violator is an entities, penalty will be up to \100,000,000. • In 2000 • In case of illegal dumping; 5 years imprisonment or \10,000,000 fine • In 2005 In case of manifest not utilized, 6 months imprisonment or \500,000 fine • Now, in case of illegal dumping; 3 years imprisonment or \10,000,000 fine If violator is an entity; Penalty will be up to \300,000,000 (RM12million)

Scheduled or hazardous waste Malaysia:Scheduled wastes • Metal and metal bearing Arsenic, lead, cadmium, mercury, chromium etc. • Inorganic constituents Asbestos, catalysts, toxic sludge, gypsum(Power plant) • Inorganic or organic Alkali(>11.5), toxic wastes, clinker, dioxin, contaminated soil, inks, paints, dye, leachate Malaysia: ‘On-site treatment facility’ means a facility located on a waste generator’s site and that is used solely to deal with scheduled wastes produced on that site, not scheduled wastes incinerators nor land treatment facilities.

Scheduled or hazardous waste Special Industrial Waste • Flammable waste oil • Acid (<pH 2.0) Alkali(>12.5) • Infectious medical waste • Specified classes • PCB, Asbestos etc. • Toxic waste (ex. sludge leachable nature)mg/L MeHg(ND), Hg comp.(0.005), Cad(0,3),Pb(0.3), Org.Phosphorus(1), Crom6(1.5), Arsenic(0,3), cyanide(1), PCB(0.003), TCE(0.3), PCE(0.1),- - - - - Benzine(0.1), Selenium(0.3) Dioxins(3ng/g) What is a hazardous waste?USA RCRA: ignitability, corrosivity, reactivity and toxicity. USA: If a waste is considered solid waste, it must then be determined if it is hazardous waste. Wastes are defined as hazardous by US EPA if they are specifically named on one of four lists of hazardous wastes or if they exhibit one of four characteristics (characteristic wastes).

Wastes generated from business (Japan) Generated from all Industry Specific generatoronly (examples) Paper (printing, contractor) Wood(lumber-mill, contractor) Texture/fiber(fabric manuf.) Animal waste (slaughter) Vegetable/plant residue (food) Excreta (livestock breeder) Dead livestock (stock breeder) • Cinder (bottom ash) • Sludge (waste water) • Acid(all acid waste) • Alkali(all alkali waste) • Plastics • Rubber(not synthetic) • Metal(Fe, Al) • Glass/China • Slag • Concrete debris • Dust(chimney soot ) • Other (ex. concrete mixed wastes)

Municipal wastes and a permit Municipal Wastes Business License to handle wastes and waste related facility permit Collection and transportation Selection and sorting Treatment Incinerate, dewater, neutralize, crush/pulverize, compost etc. Final disposal (landfill) Prefectures and major cities playas the primary planning, budgeting, regulating, and implementing entities for the management of solid waste, such as household garbage and some industrial wastes (general wastes generated from certain business such as paper and wood). Central and local governments have responsibilities to make better decisions in dealing with waste issues, including but not limited to maintain waste management (3R: reduce, recycle, and reuse). Wastes Collection Wastes Incineration (Reduce wastes) Solid waste landfills Facility inspection and permission - Selection and sorting facility - Facilities to incinerate, dewater, neutralize, crush/pulverize etc. - Landfills

Industrial Waste Ranking (FY2007) Wastes generation by business Classified waste type Sludge Livestock excreta(night soil) Construction waste Slag Dust Metal waste Waste plastics Wood chips Waste acid Glass & ceramic waste • Utilities: E. Power, Wateretc. • Agriculture • Construction • Steel • Paper, pulp • Chemical • Mining • Ceramic etc. • Food manufacturing • Electronic

Management by Businessesthe technical standards • In a case where a business transports or disposes of their industrial waste by themselves, it shall be in accordance with the standards on the collection, transport and disposal of industrial waste specified in the Cabinet Order. Article 12-1 • The business shall store the industrial waste till the time of management without hindering the conservation of the living environment in accordance with the technical standards specified in the Ordinance of the Ministry of the Environment "industrial waste storage standards". Article 12-2

Waste reduction plans • Generatorwho emits a large quantity of waste shall report the status of executing the plan mentioned in the preceding Paragraph to the prefectural governors as specified by the Ordinance of the Ministry of the Environment. (Article 12-8) 1,000 ton or Haz waste 50 ton The prefectural governors shall publish the plan mentioned in Paragraph 7 as well as the status of its execution mentioned in the preceding Paragraph as specified by the Ordinance of the Ministry of the Environment. (Article 12-9)

Responsibility of waste generator M8. (1) Shall ensure that scheduled wastes are properly stored, treated on-site, recovered on-site for material or product from such scheduled wastes or delivered to and received at prescribed premises for treatment, disposal or recovery of material or product from scheduled wastes. (2) Shall ensure that scheduled wastes that are subject to movement or transfer be packaged, labelled and transported in accordance with the guidelines prescribed by the Director General. P315

‘Treatment’ means • Sorting, storage, collection, transport, recycling, and finally disposal (each business requires license) • Selection of wastes / sorting • Physical, chemical and biological treatment • without hindering the conservation of the living environment (no harm to human beings) • Detoxic (innocuous), neutralization, non-leachable, stabilization, and reduce Dewater, dry, incinerate, crush, scrap, melt, gasification, and fermentation etc.

Permission and license • Proper premises and its operation • Comply with the technical standards • Financial condition

Sorting/separating material out of wastes • Loading and unloading, reloading of wastes • Unload containers of waste and load onto larger trucks or trailers. • Move unloaded wastes out of trucks • Just separating material out of wastes! Do I need any permission?

Some key points for investigation in Japan • Temporally storage is less than 7 times daily volume • Waste should not be stored over certain volume, or - - - - • Enclosing fence protects surrounding environment • Concrete walls and floors support waste storage/pile • Segregation of scheduled wastes (PCB, asbestos etc.) • Sign board (not raw materials but waste) • Rain water and leachate control • Migration or discharge of waste/leachate out of the site • Drainage pit or ditch (a drain), or over flow pool/reservoirs • Water proof sealing (ex. Asphalt paved floor) • Vermin (harmful insects) and/or rat etc.

The purpose of investigation • Poor management may cause pollution • Scattered wastes/dust deteriorate surroundings • Discharged pollutants or hazardous substances • Underground contamination or soil contamination • Odour etc. • Countermeasures against; • Abnormal weather i.e., heavy rain / strong wind • Natural disaster such as flood - - - • Other perils (Fire and explosion etc. )

Waste management company will be accused of illegal landfilling • They dumped wastes on the slope of their site compacted, and covered top soil. • The Supreme court judged landfilling as ‘By considering the dumped waste volume and its condition　・・・・　dumped wastes consist of the land (became a part of land) and it is a ‘waste dump’ which need a government permission or license. (15 July, 2002)

(Industrial Waste Management Service) Article 14 • No person is allowed to undertake as a service the collection and transport of industrial waste without permission from the prefectural governor with the jurisdiction over the area in which the person is to conduct the service (or of the area in which that person is to load and unload industrial waste if the person is to conduct a transport service only).

Article 14 6 The prefectural governors shall not grant the permission mentioned in Paragraph 4 of this Article unless they judge that the application for it satisfies the following requirements: 1) The facilities used for the business and the ability of the applicant are sufficient for the proper and continuous conducting of the waste disposal service in the light of the standards specified by the Ordinance of the Ministry of the Environment. 2) The applicant is none of the persons specified in a. to f. of Item 2) of Paragraph 3. (Ex. A bankrupt/insolvent, gang, criminal etc. )

Over-aged, too old equipment • Article 14: The facilitiesand the ability of the applicant are sufficient for the proper and continuous conducting of the waste disposal service in the light of the standards.

Revocation of Permission or the like Article 14-3 In case a industrial waste collection and transport contractor or industrial waste disposal contractor becomes the one who falls under one of the following Items, the prefectural governor may revoke the permission or order that particular contractor to suspend the whole or part of the service for a prefixed period. 1) When the person violates laws, or demand or ask another person to act against laws, or indicate or help another person to do so. 2) When the facility in which the person uses for the service or the capability of that person becomes not to satisfy the standards prescribed in Article 14. 14-3-1: The facilities used for the service and the ability of the applicant are judged sufficient for the proper and continuous conducting of the said service in the light of the standards set by the Ordinance of the Ministry of the Environment. 14-6-1: The facilities used for the business and the ability of the applicant are sufficient for the proper and continuous conducting of the waste disposal service in the light of the standards specified by the Ordinance of the Ministry of the Environment. 3) When the person becomes GANG etc. 4) When the person violates the condition attached to the said permission specified in Paragraph 7 of Article 14.

Revocation of Permission or the like 174-7 Article 14-3 the prefectural governor may revoke the permission or order that particular contractor to suspend the whole or part of the service. 3) When the person becomes GANG etc. • B. A gang member who is specified by the Law for Prevention of Unjustified Action by Gang (referred to as "gang member") or the one who becomes not a gang member but still is short of one's fifth year from that day (referred to as "gang member or the like" in this Item). • c. In regard to sales activities, a minor who lacks the abilities of an adult and whose lawful deputy is a person specified in one of a. or b.. • d. A legal person whose director or employee specified by the Cabinet Order is a person specified as "gang member or the like" • e. A legal person whose activities are controlled by a gang member or the like. 4) When the person violates the condition attached to the said permission specified in Paragraph 7 of Article 14. - - - - - may be granted with conditions necessary for the conservation of the living environment attached to it.

Landfill facility Basic idea of waste landfill

How do you evaluate? Endohara municipal waste landfill (Hiratsuka city) http://www.city.hiratsuka.kanagawa.jp/kankyo-c/enndouharagaiyo.htm

Outlines of the landfill • Construction : about RM100,000,000 • Sanitary landfill • Wastes: Concrete solidification/ash, non-combustible waste • Second stage landfilling • Inert waste (90% Concrete solidification/ash) • 10%: ceramic wastes, glass, brick etc. • By 2010 about 369,200 m3 filled (total 456,000m3) • Annual landfilling volume: 15,590 m3 Leachate? COD?

Basic control methods of the landfill • Water control • From the dumped waste (compacted/pressed) • Rainfall and/or surface water runoff • Since rainwater that fell onto the landfill is stored as polluted water (leachate) after coming in contact with waste, it is required to collect and drain this in order to drive this to the leachate collection/drainage facility. • Leachate • Contains material dissolved from the landfill including Na, Cl, and sulphate (sulfate) etc. • Washed out biodegraded BOD/COD pollutants • Organic nitrogen decomposes to ammonia • Ferric compounds are reduced o more soluble ferrous ions • SS (brownish colour)

Leachate control evapotranspiration/runoff • Reducing the quantity of leachate • Limited wastes to be landfilled (non-leachable) • Input vs. output (leachate recirculation?) • Minimizing the amount of water infiltration/overland flow • Cap: low permeable materials & vegetation • Transpiration and evaporation (less percolation) • Collect fully a.s.a.p. (hard to treat aged leachate) • Treat the leachate and discharge

Cross-sectionof a Landfill Municipal waste landfill • Waste layer up to 3 meters • Cover soil up to 50 cm • Containment both filled waste and leachate http://www.city.hiratsuka.kanagawa.jp/kankyo-c/enndouharagaiyo.htm

Teshima island

WASTE MANAGEMENT AND PUBLIC CLEANSING LAW http://www.env.go.jp/en/laws/recycle/01.pdf

CHAPTER I GENERAL PROVISIONS(Purpose) Article 1 • This law is enacted for the purpose of preserving the living environment and improving public health through the restriction of waste discharge, appropriate sorting, storage, collection, transport, recycling, disposal, or the like of waste and conservation of a clean living environment.

(Definitions) Article 2 In this Law, "waste" refers to refuse, bulky refuse, ashes, sludge, excreta, waste oil, waste acid and alkali, carcasses and other filthy and unnecessary matter, which are in solid or liquid state (excluding radioactive waste and waste polluted by radioactivity). 2 In this Law, "municipal solid waste" refers to waste other than industrial waste. 3 In this Law, "specially controlled municipal solid waste" refer to those municipal solid waste specified by a Cabinet Order as wastes which are explosive, toxic, infectious or of a nature otherwise harmful to human health or the living environment.

(Definitions) Article 2 4 In this Law, "industrial waste" refer to the waste categories defined below: 1) Ashes, sludge, waste oil, waste acid, waste alkali, waste plastics and others specified by a Cabinet Order among all the wastes left as a result of business activity. 5) In this Law, "specially controlled industrial waste" refer to those industrial wastes specified by a Cabinet Order as wastes which are explosive, toxic, infectious or of a nature otherwise harmful to human health and the living environment.

(Responsibilities of Businesses)Article 3 The businesses shall appropriately manage of, the waste left as a result of their business activities. 2 The businesses must endeavor to reduce the amount of waste by recycling or re-use of waste. Thebusinesses shall assess the handling or processing difficulty of the waste generated when the products, their containers or whatever they manufacture, process and seller the like are discarded. - - - - - -

CHAPTER III INDUSTRIAL WASTESection1 Industrial Waste Management (Management by Businesses and Local Governments) Article 11 The businesses shall be required to manage of their industrial waste by themselves. (Management by Businesses) Article 12 In a case where a business transports or disposes of their industrial waste by themselves, it shall be in accordance with the standards on the collection, transport and disposal of industrial waste specified in the Cabinet Order. 2 The business shall store the industrial waste till the time of management without hindering the conservation of the living environment in accordance with the technical standards specified in the Ordinance of the Ministry of the Environment ("industrial waste storage standards").

Examples of the waste storage standards Source: Kyoto city Home Page Source: Kagawaken Home Page

(Management by Businesses) Article 12 3 If businesses (including contractors of intermediate treatment etc.) are to commission anyone else to transport or dispose of their industrial waste, they shall commission to industrial waste collection and transport contractors specified in Paragraph 8 of Article 14 or someone else prescribed by the Ordinance of the Ministry of the Environment for their transport, and to industrial waste disposal contractors specified by the same Paragraph or someone else prescribed by the Ordinance of the Ministry of the Environment for their disposal. (summary articles)

(Management by Businesses) Article 12 4 When businesses are to commission anyone else to transport or dispose of their industrial waste under the provision of the preceding Paragraph, they shall act in accordance with the standardsprescribed in the Cabinet Order. 5 When businesses are to commission anyone else to transport or dispose of their industrial waste under the preceding 2 Paragraphs, they shall endeavor to take the necessary action for proper management of the said industrial waste in the whole process from its generation to final disposal.

(Control Manifest of Industrial Waste) Article 12-3 When businesses generating industrial waste as a result of their activities are to commission someone else to transport or dispose of those waste, that business shall issue to the party commissioned to transport the said waste a control manifest of industrial waste indicating the kind of industrial waste, its quantity, the name of the party commissioned to transport or dispose of the waste and other matters specified by the Ordinance of the Ministry of the Environment ("control manifest") at the time of delivering those waste pertaining to the said commission.

(Control Manifest of Industrial Waste) Article 12-3 4 When the commissioned disposer receives a copy of the control manifest containing the effect of a completion of the final disposal - - - , he/she shall enter the effect of a completion of the final disposal in the control manifest issued in accordance with the provision of the Paragraph 1 or the control manifest forwarded, and send a copy of the control manifest to the issuer who has commissioned the said disposal, within a period prescribed by the Ordinance of the Ministry of the Environment

(Control Manifest of Industrial Waste) Article 12-3 5 When the issuer receives a copy of the control manifest transmitted under the provisions of the preceding three Paragraphs or Paragraph 5 of Article 12-5, he/she must confirm on the said copy of the control manifest that the transportation or disposal has completed and keep the said copy of the control manifest for a period specified by the Ordinance of the Ministry of the Environment from the day of receipt of said transmittal.

In case of ‘Paper Manifest’, 6 copies will be taken by a truck driver and the generator keeps the original copy intermediate treatment Waste Generator Landfill Flow of Wastes Flow of Manifest Confirmation by manifest Source: http://www.jwnet.or.jp/waste/manifest.shtml

Paper Manifest Systems Japan Industrial Waste Technology Center Flow of Wastes Flow of Final Manifest copy Souce: Japan Industrial Waste Technology Center http://www.jwnet.or.jp/waste/manifest.shtml

CHAPTER IV MISCELLANEOUS REGULATIONS (Prohibition of Dumping) Article 16 No person shall unnecessarily dump waste.

THE BASIC ENVIRONMENT LAW(Law No.91 of 1993. Effective on November 19, 1993) http://home.hiroshima-u.ac.jp/er/EL_KKe.html

Chapter 1 General Provisions • (Purpose)Article 1The purpose of this law is to comprehensively and systematically promote policies for environmental conservation to ensure healthy and cultured living for both the present and future generations of the nation as well as to contribute to the welfare of mankind, through articulating the basic principles, clarifying the responsibilities of the State, local governments, corporations and citizens, and prescribing the basic policy considerations for environmental conservation.

(Terminology) Article 2 • 1For the purpose of this law, "environmental load" means any adverse effects on the environment generated by human activities which may cause interference with environmental conservation.2 For the purpose of this law, "global environmental conservation" means environmental conservation regarding such phenomena as global warming, the ozone layer depletion, marine pollution, decrease in wildlife species and others which are caused by human activities and affect the environment of the entire globe or a large part of it, which contributes to the welfare of mankind as well as to the healthy and cultured living of the people.

(Terminology) Article 2 • 3 For the purpose of this law, "environmental pollution" ("Kogai") means, among interference with environmental conservation, air pollution, water pollution (including a deterioration of water's unadulterated state other than the water quality and the quality of the bottom. The same shall apply hereinafter except for Article 16 Paragraph 1.), soil contamination, noise, vibration, ground subsidence, and offensive odors affecting an extensive area as a result of business and other human activities, which cause damage to human health or the living environment (including property closely related to human life, as well as fauna and flora closely related to human life and their living environment. The same shall apply hereinafter.)

Waste Generators, classification, landfill, waste laws and regulations etc.