Thông tư liên tịch 01/2001/TTLT/BKHCNMT-BXD

JOINT CIRCULAR No. 01/2001/TTLT-BKHCNMT-BXD OF JANUARY 18, 2001 GUIDING THE REGULATIONS ON ENVIRONMENTAL PROTECTION FOR THE SELECTION OF LOCATION FOR, THE CONSTRUCTION AND OPERATION OF, SOLID WASTE BURIAL SITES In implementation of the functions and tasks of the Ministry of Science, Technology and Environment defined in the Government’s Decree No. 22/CP of May 22, 1993 on the tasks, powers and organizational structure of the Ministry of Science, Technology and Environment, and of the Ministry of Construction in the Government’s Decree No. 15/CP of March 4, 1994 on the functions, tasks, powers and organizational structure of the Ministry of Construction; In order to meet the current urgent demand for the burial of urban and industrial zone solid wastes, to control pollution and protect environment, The Ministry of Science, Technology and Environment and the Ministry of Construction hereby jointly guide the regulations on environmental protection regarding the selection of location for, the construction and operation of solid waste burial sites as follows: I. GENERAL PROVISIONS 1. Regulation scope and application objects: 1.1. Regulation scope: This Circular guides the implementation of the regulations on environmental protection in selecting locations for, building and operating solid waste burial sites. 1.2. The solid wastes not covered by this Circular shall include the solid wastes on the list of hazardous wastes specified in the Regulation on management of hazardous wastes, promulgated together with Decision No. 155/1999/QD-TTg of July 16, 1999 of the Prime Minister and other kinds of hazardous solid waste decided by competent State bodies according to the provisions of the Regulation on management of hazardous wastes. 1.3. Application objects: This Circular shall apply to agencies exercising the State management over investment and construction; agencies exercising the State management over environmental protection; domestic and foreign organizations and individuals providing services on environment, construction and operation of solid waste burial sites (including solid waste burial sites managed by production establishments themselves). 2. Term interpretation: In this Circular, the following terms shall be construed as follows: 2.1. Solid waste burial site (hereinafter abbreviated to BS) means a land area or plot, which has already been planned, selected, designed and constructed for burial of solid wastes in order to minimize the negative impacts of BS on the environment. A BS is composed of waste burial squares, buffer zone and other support works such as waste water and/or gas treatment stations, power and water supply stations, the executive office. 2.2. Solid wastes (hereinafter abbreviated to SW) mean the solid wastes arising from daily-life activities in urban areas and industrial zones, which include wastes from population quarters, wastes from trade activities, urban services, hospitals, industrial wastes, wastes from construction activities. 2.3. Garbage water means that coming from the process of natural disintegration of SW and containing polluting substances. 2.4. Gas discharged from waste burial squares means the gaseous mixture generated from waste burial squares due to the process of natural disintegration of SW. 2.5. The buffer zone means a stretch of land surrounding a BS for the purpose of preventing and minimizing the adverse impact of the BS on the environment. 2.6. Lining layers mean layers of materials spread on the entire bottom areas and surrounding walls of the waste burial squares in order to prevent and minimize the penetration of garbage water into underground water streams. 2.7. Covering layers mean layers of materials that cover the entire BSs while operating and closing the BSs with a view to preventing and minimizing the impacts from the burial squares on the surrounding environment and from the outside on the BS squares. 2.8. Waste gas-collecting system means a system of works and equipment for gathering waste gases generated from the BSs in order to prevent, minimize air pollution as well as fire and explosion dangers. 2.9. Garbage water-collecting system means a system of works including gathering layers, conduits, canals to gather garbage water into concentrated holes or treatment stations. 2.10. Protecting fences mean a system of walls, shielding fences, green belts or barriers with given heights, which surround BSs with a view to limiting the impacts of the solid waste burial activities on the surrounding environment. 2.11. The operation duration of a BS means the entire duration from the time the SW burial starts to the time the BS is closed. 2.12. BS closure means the complete cessation of SW burial activities at the BS. 2.13. Surface water and rain water drainage systems mean the systems to gather and conduct surface and rain water to designated places in order to prevent the outside surface water from penetrating into burial squares. 2.14. BS investors mean Vietnamese or foreign organizations and/or individuals that have the responsibility to manage/ provide investment capital for the construction of BSs. 2.15. BS operators mean Vietnamese or foreign organizations and/or individuals that take responsibility before the investors for the management of operation and use of BSs. 2.16. Specialized BS inspection organizations are those with the legal person status, which supervise, inspect, sample and analyze items and indexes related to the operation of BSs. II. LOCATION SELECTION, INVESTMENT AND CONSTRUCTION OF SOLID WASTE BURIAL SITES 1. General principles: The work of investment preparation and execution as well as BS construction must comply with the Government’s Decree No.52/1999/ND-CP of July 8, 1999, promulgating the Regulation on investment and construction management (called Decree 52/CP for short), Decree No.12/2000/ND-CP of May 5, 2000 amending a number of articles of Decree 52/CP (called Decree 12/CP for short), with the provisions of this Circular and legal documents on investment and construction. When an investment project for BS is approved, there must be the approval of the report on assessment of environmental impacts (according to Appendix II, to Circular 490/1998/TT-BKHCNMT of April 29, 1998 of the Ministry of Science, Technology and Environment guiding the making and evaluation of environmental impact assessment reports for investment projects). 2. Requirements on selection of BS location. 2.1. The BS locations must be determined on the basis of construction planning already approved by the competent State management bodies. 2.2. The distance from the constructed BS to population quarters, urban centers is stipulated in Appendix 1 to this Circular. 2.3. The location selection must be based on the natural, economic and social factors as well as the technical infrastructure systems in the areas planned for the BS construction (stipulated in Appendix 2 to this Circular). 3. Selection of BS models Depending on the characteristics of each kind of waste to be buried and the topographic characteristics of each region, the following BS models can be selected: dry burial site, wet burial site, dry-wet mixed burial site, above-ground burial site, underground burial site, above-ground- cum underground burial site and mountain-creek burial site (specified in Appendix No.3). 4. BS sizes: 4.1. The BS sizes are determined on the basis of: a/ Population and current waste volume, the rates of population growth and waste volume increase throughout the operation duration of the BS. b/ The economic growth possibility and urban development orientations. 4.2. The BS design must ensure that the total depth of the site from its bottom to its top may reach between 15 m to 25m, depending on the BS type and the conditions of the landscapes surrounding the BS. 4.3. The area for the construction of support works: roads, embankment, water drainage and conducting systems, warehouses, yards, workshops, garbage water deposit reservoir, water treatment reservoir, green tree fence systems and other support works in a BS accounts for about 20% of the total area of the site. Based on the above characteristics, the BS sizes shall be determined according to Table 2 in Appendix 4 to this Circular. 5. The BS selection process. The selection of BS location is carried out through 4 steps: - Step 1: Gathering materials related to the BS’s requirements, the volume of SW to be buried and future projection. The stipulations on investigation extent upon the elaboration of BS construction projects are prescribed in Appendix 5 to this Circular. - Step 2: Determining the plan on possible locations for BS construction. These locations may be considered and proposed on the basis of studying and analyzing the topographical, geological, hydro-geological maps, the maps on the current state of available land use, current population distribution state. Conducting field surveys. - Step 3: Comparing and selecting plans with the BS norms and dropping a number of planned locations. Making official selection. At this step, comparison and evaluation of details of the remaining locations shall be made on the basis of analyzing and evaluating the technical, economic and social norms, the optimum option, applying methods of grafting maps and giving points to norms. To carry out this step, there must be enough materials on the investigation of the current environmental state, natural, economic and social characteristics of all planned locations; thereby to give points to each factor for each location and select the most appropriate location. - Step 4: Outlining and reproducing selected location plan. The BS’s capital construction works are prescribed in Appendix 6 to this Circular. III. OPERATING SOLID WASTE BURIAL SITES 1. The stage of operation of BSs. 1.1. Wastes transported to the BSs must be checked and classified (through weighing stations) and buried immediately within 24 hours. Wastes must be buried strictly according to squares prescribed for each type of corresponding waste. For BSs receiving more than 20,000 tons (or 50,000 m3) of wastes per year, they must be equipped with electronic weighing systems in order to control waste quantity. 1.2. The operators of BSs must determine correctly types of waste permitted for burial when admitting them into the BSs and open books for annual monitoring with the following subjects: a/ Names of drivers of waste carrying trucks. b/ The nature of waste, if it is thick mud, the sediment content must be clearly inscribed. c/ Waste volume. d/ Time (day, month, year) of transporting the waste. e/ Sources of waste; if it is industrial waste, the names of factories or enterprises must be clearly inscribed. The recording books and relevant documents must be kept and preserved at the BS Management Boards during the operation and for at least 5 years after the closure of the BSs. 1.3. Wastes must be buried in layers separated from each other with layers of soil. a/ Wastes, after being admitted for burial, must be leveled out and carefully stamped (with mechanical stamper 6 ¸ 8 times) into layers of the maximum thickness of 60 cm, ensuring the minimum percentage of stamped wastes of 0.52 ton ¸ 0.8 ton/m 3 . b/ Intermediary soil layer must be covered on garbage surface after the garbage was tightly stamped (into layers) with the maximum height of 2.0m - 2.2m. The thickness of the covering soil layer must reach 20 cm. The covering soil layer makes up about 10% ¸ 15% of the total garbage and soil coverage volume. c/ The covering soil must contain > 30% clay grain, being wet enough for easy stamping. The covering soil layer must be evenly and fully spread over the waste layer and, after being carefully stamped and pressed, have the thickness of about 15 cm ¸ 20 cm. 1.4. Besides covering soil, materials which satisfy the following conditions may also be used as intermediary covering materials between waste layers: a/ Having the permeability of £ 1 x 10 -4 cm/s and at least 20% of the volume sized £ 0.08 mm. b/ Having the characteristics of: - Being capable of preventing odors. - Not causing fire, explosion. - Being capable of preventing assorted insects, burrowers. - Being capable of preventing the dispersal of wastes being light materials. 1.5. The SW of thermo-power plants shall be buried under the specialized technical guidance. 1.6. The burial squares must be sprayed with insecticides (not in solution form). The number of sprays shall depend on the level of development of assorted insects so as to make appropriate number of spray aiming to limit to the utmost the development of insects. 1.7. SW transport means, after dumping wastes into the BSs, must be cleaned before moving out of the BS areas. 1.8. The waste water-gathering and-treating systems must operate regularly and be periodically inspected, maintained, repaired and cleaned in order to ensure their designed capacities. The sediment holes must be dredged and the mud therefrom must be carried to appropriate treatment areas. The garbage water must not be discharged directly into the environment if the percentage of polluting substances exceeds the prescribed standards (Vietnamese standards). 1.9. Pure garbage water from the gathering systems of BSs or thick mud from the garbage water treatment systems are allowed to be used for watering on BSs in order to accelerate the process of waste disintegration under the following conditions: a/ The thickness of the being buried-garbage layer must exceed 4 m. b/ The technique of watering evenly on the surface must be applied. c/ This shall not apply to areas of the burial squares, which have been covered with the final layer. 2. The stage of BS closure 2.1. The BS closure shall be effected when: a/ The volume of waste buried in the BS has reached the largest capacity according to the technical design. b/ The operator of the BS is incapable of continuing to operate the BS. c/ The BS is close for other reasons. In all circumstances, the BS operators must send official dispatches to the State management bodies in charge of environment, informing the latter of the time to close the BS. 2.2. The BS closure order: a/ The top covering soil layer contains the clay percentage of >30%, ensures the standard humidity and is stamped and pressed carefully, has the thickness of over or equal to 60 cm. The slanting degree from the foot to the peak of a dump rises gradually from 3 ¸ 5%, always ensuring good water drainage, non-slide and non-sink. It should be then: - Covered with a soil buffer layer containing commonly sand of from 50 cm ¸ 60 cm thick. - Covered with a layer of cultivation soil (edaphic soil layer) of from 20 cm ¸ 30 cm thick. - Planted with grass and green trees. b/ In big BSs, their operations must be carried out simultaneously with the construction of new burial squares and the closure of filled-up squares. Therefore, the regulations for each of the above stage must be strictly complied with. 2.3. Within 6 months after the BS closure, the BS operators shall have to report to the State management bodies in charge of environmental protection on the represent situation of the BSs. Such a report must be made by an independent specialized environment agency, including the following contents: a/ The stituation of operation, efficiency and possible operation of all works in the BS, including the anti-penetration system of the BS, the garbage water-gathering and-treating systems, the surface water and/or underground water management systems, the waste gases-gathering systems as well as the entire system for supervising underground water quality, etc. b/ The observation of the quality of water discharged from the BSs into the environment, the situation on the quality of underground water as well as on the emission of waste gases. c/ The compliance with the current provisions of this Circular as well as the restoration and improvement of the landscapes in the BS areas. The report must clearly point to cases of non-compliance with the provisions of this Circular and propose remedial measures. 2.4. After the BS closure, people and animals are still not allowed to freely enter the BSs, particularly the peak of the sites where gas is concentrated. There must be safety signs and instructions in the BSs. 3. Observation of the BS environment 3.1. General provisions: Any BS, big or small, in delta or mountainous region, must be observed in term of environment and organize the monitoring of environmental changes. a/ The environment observation covers the observation of the air environment, water environment, land environment and ecological system, labor environment, the health of people in nearby communities. b/ The observation posts must be placed at typical points where the environmental changes due to the impacts of the burial sites can be determined. c/ For BSs, the automatic observation posts must be arranged. 3.2. Water environment observation posts a/ Surface water: - In each BS, there must be at least two observation posts for monitoring surface water on the flows receiving waste water of the BS. + The first post is situated 15 m ¸ 20 m upstream the waste water discharge sluice-gate of the BS. + The second is situated 15 m ¸ 20 m downstream the waste water discharge sluice-gate of the BS. - If there exist within a parameter of 1000m water reservoirs, one more post should be arranged at the water reservoirs. b/ Underground water: - The underground water observation post is arranged along the flow direction from upstream to downstream of the BS, needing at least 4 observation bores (one bore on the upstream and three on the downstream). Observation is conducted even in atmospheric zone and water saturation zone. - For each population spot around the BS, at least one observation post (a deep well or a bore) should be arranged. c/ Waste water: Observation posts shall be arranged for the comprehensive observation of the quality of the input and output waste water of the treating areas. Concretely: - One post is situated before the entrance to the treating system. - One post is situated after the treatment, before being discharged into the surrounding environment. 3.5. Observation cycle: For automatic posts, the observation and data updating must be made daily. When the automatic observation posts are not available, depending on the period of operation or closure of the burial sites, the observation location and frequency must be designed in a rational manner, ensuring the full observation of environmental developments due to the operation of the BS; concretely as follows: a/ For the period of operation, the following should be observed: - Flow (surface water, waste water): Once every two months. - Chemical component: Once every four months. b/ For the period of closure of the BS: - In the first year: Once every three months - In subsequent years: 2 m ¸ 3 m times/year. When taking samples at underground water observation bores, water must be pumped in flows for at least 30 minutes. c/ Indexes for chemical composition analysis and comparison: According to the Vietnamese standards on environment. d/ Each year at the beginning of the rainy season, rain water can be sampled and analyzed. 3.4. Air environment observation posts a/ Location of observation posts: Air environment monitoring posts are arranged as follows: Insides the works and working offices within the BSs, a network of at least 4 posts should be arranged to supervise the air outside such works and working offices within the BS areas. b/ Observation regime (when the automatic observation post is yet available): Once every three months. c/ Measuring parameters: dust, noise, temperature, emitted gas according to the Vietnamese standards. 3.5. Monitoring employees’ health: Officials and workers working at the BSs must have their health monitored and checked periodically at least once every six months. 3.6. Measuring locations (posts): The measur