Solid Waste Management Corporation Act 1996 (No. 17 of 1996)

1996 SOLID WASTE ACT l' MANAGEMENT CORPORATION 409 COMMONWEALTH OFDOMINICA ARRANGEMENTOF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Establishment of Corporation. Seal. Bank account. 4. Power of the Corporation to delegate. 5. Functions of the Corporation. 6. Directions as to policy. 7. Application of Public Health Act. 8. Funds and resources ofthe Corporation 9. Borrowing powers. 10. Accounts and audit. 11. Annual report. 12. Disclosure of interest. 13. Liability of members. 14. Environmenta11evy. 15. Haulage fee. 16. Tipping fee. 17. Offences and penalties. 18. Regulations. 19. Schedule 2. 20. Corporation not servant or agent of the State. 21. Transitional. 22. Commencement. SCHEDULE 1. SCHEDULE 2. 1996 SOLID WASTE ACT 17 MANAGEMENT CORPORATION 411 COMMONWEALTH OF DOMINICA ACT No. 17 OF1996 I assent C.A. SORHAINDO President 15th January, 1997 AN ACT TO ESTABLISH A SOLID WASTE MANAGEMENT CORPORATION WITH THE RESPONSIBILITY OF DEVELOPING SOLID WASTE MANAGEMENT FACILITIES FOR STORAGE, COLLECTION, TREATMENT ANDDISPOSALOFSOLIDWASTEAND FOR MATTERS INCIDENTAL THERETO. (Gazetted 16th Janaury, 1997.) BE IT ENACTED by the Parliament of the Commonwealth of Dominica as follows: 1. This Act may be cited as the SOLID WASTE MANAGEMENT CORPORATION ACT 1996. Short title. 412 1996 SOLID WASTE MANAGEMENT CORPORATION ACT 17 Interpretation. Establishment of Corporation. Seal. 2. In this Act "Chairman" means the Chairman of the Corporation and includes any person for the time being performing the functions of Chairman; "Comptroller" means the Comptrollerof Customs appointed by the President under section 86 of the Constitution; "Corporation" means the Dominica Solid Waste Management Corporation established under section 3; "financial year" means the twelve months ending on the 30th day of June in any year; "hazardous waste" means any solid or liquid material or product, or a combination of solid and liquid materials or products that contain highly persistentchemicalelements and compounds that are likely to be hazardous to human health and the environment; "Minister" means the Minister responsible for Health; "OECS" means Organisation of Eastern Caribbean States; "solidwaste" means residential, industrial, commercial, institutional, ship-generated and special waste; "special waste" means waste which require special handling. 3, (I) There is hereby established a Corporation which shall be (a) a bodycorporate by the nameofthe DominicaSolid Waste Management Corporation, with perpetual succession and a common seal; (b) capable of suing and being sued in its corporate name; and (c) capable of holding, purchasing and otherwise acquiring and disposing of any property, movable or immovable for the purpose of carrying out its functions under this Act. 1996 SOLID WASTE MANAGEMENT CORPORATION ACT 17 413 (2) The provisions of Schedule I to this Act shall have Schedule I. effect with respect to the constitution and proceedings of the Corporation. (3) There shall be established, solely for the benefit of the Bank account. Corporation, an account in the National Commercial Bank of Dominica, or any other bank approved by the Minister. 4. Subject to the provisions of this Act, the Corporation may Power ofthe . . . Corporation to WIth the approval of the Minister, delegate to any member or delegate. committee of the Corporation the power to carry out on its behalf any function of the Corporation. S. The Corporation's functions are to (a) provide storage facilities for solid waste; (b) to procure equipment for thecollection. transportation and disposal of solid waste; (c) provide collection and slorage facilities at ports. harbours and anchorages for the reception of ship generated wastes; (d) procure the equipment necessary to transport ship generated waste to the final disposal site; (e) convert existing dumps into sanitary landfill sites; (j) develop and manage new sanitary landfill sites and other disposal methods; (g) provide facilities for the treatment and disposal of medical and hazardous wastes; (h) introduce measures to encourage recovery of recyclable items from solid waste; (i) introduce cost recovery methods for services provided by the Corporation; (j) prepare plansandprogrammesto address theproblems of solid waste management in the State; Functions of the Corporation. 414 1996 SOLlDWASTE MANAGEMENT CORPORATION ACT 17 Directions as to policy. Application of Public Health Act. No. 15ofl968. Funds and resources of the Corporation. (k) oversee the management of all solid waste collection and disposal systems in the State, and (/) manage and direct the implementation of the OECS Waste Management Project and any other regional and international project activities. 6, (1) The Minister may after consultation with the Chairman give to the Corporation any written direction concerning the policy to be followed by the Corporation in the performance of its functions as appears to the Minister to be necessary in the public interest. (2) The Corporation shall give effect to any direction given by the Minister under subsection (1). 7. In the performance of its functions the Corporation shall comply with the provisions of the Public Health Act 1968 and any other Act relating to public health and the environment. 8. The funds and resources of the Corporation shall consist of (a) such sums as may be provided by the Government for the purpose; (b) any grant made to the Corporation by the Government or, with the approval of the Minister, by any person, body or international organisation; (c) such sums as may from time to time accrue to the Corporation on account of payments, fees, charges, rent and interest for services provided; (d) all othermonies and other property which may in any rnannerbecomepayable to, or vested in theCorporation in respect of any matter incidental to its functions; (e) monies borrowed by the Corporation pursuant to section 9 for the purpose of meeting any of its obligations or performing any of its functions. 1996 SOLID WASTE MANAGEMENT CORPORATION ACT l' 415 9. (1) Subject to the provisions of subsection (2), the Borrowingpowers. Corporation may borrow monies required by it for meeting any of its obligations or performing any of its functions. (2) The power of the Corporation to borrow monies under subsection (l) shall heexercised only with the prior approval ofthe Minister responsible for Finance. 10. (1) The Corporation shall keep accounts of its transactions to the satisfaction of the Minister and such accounts shall be audited annually by such persons as the Corporation with the approval of the Minister appoints. (2) Subsection (1) does not derogate from the Director of Audit's powers conferred upon him by any other law. 11. (1) The Corporation shall prepare and present an annual report to the Minister within four months after the expiration of every financial year. (2) The annual report shall contain the activities of the Corporation during the last financial year and must include a statement of its audited account in accordance with the provisions of section 10. (3) The Minister shall as soon as possible after receiving any report in accordance with subsection (1), lay a copy thereof before the House of Assembly. (4) A copy of the Corporation's annual report shall be published in the Gazette. 12. A member of the Corporation who is directly or indirectly interested in a contract made or proposed to be made by the Corporation (a) shall disclose the nature ofhis interest at a meeting of the Corporation; and (b) shall absent himself from any meeting of the Corporation at which the contract is being discussed. Accounts andaudit. Annual report. Disclosure of interest. 416 1996 SOLID WASTE MANAGEMENT CORPORATION ACT l' Liabilityof members. Environmental levy. Schedule 2. Haulage fee. Schedule 2. Tipping fee. Schedule 2. 13. (1) A member of the Corporation shall not be personally liable for any act or default of the Corporation done or omitted to be done ingood faith in the course of the operation oftheCorporation. (2) Where any member of the Corporation is exempt from liability by reason only of the provisions of this section the Corporation is liable to the extent that it would be if the member was a servant or agent of the Corporation. 14. (1) An environmental levy is hereby imposed on each visitor to the State as provided in Schedule 2. (2) The levy imposed by subsection (1) shall be collected by the Comptrolleror by an agentthereofand paid to theCorporation on or before the twenty-first day of the month following the month in which the collection was made. (3) For the purpose of this section "visitor" means a person who arrives in the State, whether by air or by sea, for the purpose ofbusiness or vacation and is admitted to remain for a day, or part thereof, or any longer period. (4) The Minister shall cause a notice ofthe appointment of any person or entity as an agentunder subsection (2) to be published in the Gazette. 15. (1) There shall be a haulage fee which shall be paid to the Corporation by any person at whose request the Corporation hauls or transports waste to a sanitary landfill or elsewhere. (2) The haulage fee shall be charged and paid at the rate provided in Schedule 2. 16. (1) There shall be a fee known as a tipping fee which shall be paid to the Corporation by any person at whose request the Corporation unloads any container of solid waste on to the sanitary landfill site. (2) The tipping fee shall be charged and paid at the rate provided in Schedule 2. 1996 SOLID WASTE MANAGEMENT CORPORATION ACT 17 417 17. Any person who (a) removes any solid waste from a sanitary landfill site or from any place under thecontrol of the Corporation; (b) interferes or tampers with the operation of any sanitary landfill site or any place under the control of the Corporation; (c) assaults, obstructs or otherwise interferes with any person in the execution of his or her functions or duties under this Act; or (d) knowingly supplies any false or misleading information with respect to any levy or fee payable under this Act, commits an offence and is liable on summary conviction (i) in the case of an individual, to a fine of five thousand dollars and to imprisonment for six months; or (ii) in the case of a company or an agent or employee of a company, to a fine of ten thousand dollars. Offencesand penalties. 18. The Minister may after consultation with the Corporation Regulations. make Regulations for the propercarrying out of the provisions and purposes of this Act and without prejudice to the generality of the foregoing make Regulations (a) developing administrative procedures to govern the Corporation; (b) declaringtheopeningorclosingofsolid wastedisposal sites; (c) concerning the frequency of solid waste collection and the type of waste collected. 19. The Minister may by Order amend Schedule 2 from time Schedule 2. to time. 418 1996 SOLID WASTE MANAGEMENT CORPORATION ACT 17 Corporation not servant or agent of the State. Transitional. Commencement. (Section 3). Constitution of the Corporation. 20. (1) It is hereby declared that the Corporation is not the servant or agent of the State. (2) Notwithstanding subsection (I) the Corporation shall . be exempt from tax, duty, rate, levy or any other chargewhatsoever. 21. All real and personal property which immediately before the commencement of this Act was vested in or belonged to the Ministry of Health for purposes of the collection and disposal of refuse is hereby vested in the Corporation without conveyance, transfer or assignment and, subject to the provisions of this Act, shall be held by the Corporation for the same purposes as it was held immediately before the commencement of this Act. 22. This Act is deemed to have come into force on the 1st day of July, 1996. SCHEDULE I 1. (I) The Corporation shall consists of the following seven members (a) the PermanentSecretary,Ministryof Health who shall be the Chairman; (b) a senior representative of the Ministryof Finance; (c) the GeneralManagerof the DominicaPortAuthority; (d) a senior representative of the Ministry of Agriculture and Environment; (e) a legalofficer from the AttorneyGeneral's Chambers; and (j) two otherpersons appointedby the Minister. (2) Everymemberofthe Corporationappointedby theMinister shall,subjecttotheprovisionsofthis Schedule,holdofficeforaperiodnot exceedingthree yearsas the Ministermay direct andshall be eligible for re-appointment. (3) Every member of the Corporation shall be paid the remu nerationand allowances specifiedby the Minister. 1996 SOLID WASTE MANAGEMENT CORPORATION ACT 17 419 (4) EverymemberoftheCorporationappointedbytheMinister shall be appointedby Instrument in writingwhichshall be publishedin the Gazette. 2. (1) The Chairman and three other members shall form a quo- Quorum. rum. (2) In the case of an equality of votes on any question at any meetingof theCorporationtheChairmanshallhaveacastingvoteaswell as a deliberativevote in respect of that question. 3. The Minister may at any time revoke the appointment of any Revocation of memberof the Corporationexcept the membersappointedby virtueof appointments. section 1(1)(a) and (e) if he thinksit expedient to do so. 4. Subject to the provisionsofthis Schedulethe Corporationshall Regolate own have the power to regulate its own proceedings. proceedings. 5. (1) (a) The Corporation may appoint and employ at such remuneration and on such terms and conditions as it thinks fit a Solid Waste Manager, an accountant, a secretaryand other officers, servants and agents as it' thinks necessary for the proper'performance of its functions. (b) Theaccountantandsecretarymustbeskilledintheuse and operationof computers. (2) Notwithstanding subsection(1) (a) a person shall not be appointedSolid WasteManager. Accountantor Secretarywithout the prior written ap provalof the Minister;and (b) salary in excessof any sumas the Ministermay deter mineandnotifiedinwritingtotheCorporatismshallnot beassignedtoanypostwithoutthepriorapprovalofthe Minister. 6. (1) The PublicServiceCommissionmaysubjectto suchcondi tionsas may be imposed,approvethe appointment of anypublic officer to any office of the Corporation, subject to the consent of that public officer. (2) Whereanymemberofthe publicserviceis appointedto the Corporation. that public officer shall, in relation to pension.gratuityor otherallowancesand rights as a publicofficer,be treated as continuing in the service of the Government. Appointment of officers. servants and agents. Transfer of public officers. 420 1996 SOLID WASTE MANAGEMENT CORPORATION ACT 17 Power to appoint sub-comrnittee. 7. TheCorporationmayappointa sub-committee orco-optanyone ormorepersons to attend meetings of theCorporation forthepurpose of assisting or advising theCorporation, butnosuchco-opted person shall haveanyrightto vote. (Sections t4, t5& SCHEDULE 2 16). US$ EC$ (a) Environmental levy: pervisitor. 1.50 4,00 (b) Haulage fee: per ton 35.00 94,50 (c) Tipping fee: per ton~ (i) fordisposal of shipor aircraft generated waste 40.00 108.00 (ii) for individual, commercial andinstitutional waste, exceptspecial waste suchas waste generated byhospitals, doctors, clinics or laboratories (both public andprivate) 20.00 54.00 Passed in the House of Assembly this 22nd day of October, 1996. M. ALBERTHA ]NO, BAPTISTE Clerkofthe HouseofAssembly. DOMINICA Printed by the Government Printer Government Printery, Roseau (Price $2.40)