Sub-decree No 113 ANKr.BK on Urban Garbage and Solid Waste Management

Vishnu Law Group Unofficial Translation Page 1 of 16 Kingdom of Cambodia Nation Religion King ******** Royal Government of Cambodia No 113 ANKr. BK Sub-decree on Management of Garbage and Solid Waste of Downtowns *********** Royal Government Having seen the Constitution of the Kingdom of Cambodia Having seen Royal Decree NS/RKT/0913/903, dated 24 September, 2013, on the appointment of the Royal Government of the Kingdom of Cambodia Having seen Royal Kram 02/NS/94 dated 20 July, 1994 promulgating Law on the Organization and Functioning of the Council of Ministers Having seen Royal Kram NS/RKM/0196/08 dated 24 January, 1996 promulgating Law on the Establishment of the Ministry of Interior Having seen Royal Kram NS/RKM/0196/21 dated 24 January, 1996 promulgating Law on the Establishment of the Ministry of Environment Having seen Royal Kram NS/RKM/1296/36 dated 24 December, 1996 promulgating Law on Environmental Protection and Natural Resources Management Having seen Royal Kram NS/RKM/0301/05 dated 19 March, 2001 promulgating Law on Administrative Management of Communes and Sangkats Having seen Royal Kram NS/RKM/0508/017 dated 24 May, 2008 promulgating Law on Administrative Management of the Capital, Provinces, Municipalities, Districts and Khans Having seen Sub-decree 13 ANKr dated 20 December, 1993 on the Organization and Functioning of Ministry of Interior Having seen Sub-decree 55 ANKr.BK dated 04 May, 2015 on the Organization and Functioning of Ministry of Environment Pursuant to the proposal of the minister of the Ministry of Interior and the minister of the Ministry of Environment. Vishnu Law Group Unofficial Translation Page 2 of 16 Hereby Decides Chapter 1: General provisions Article 1: The goal of this sub-decree is to enhance the management of garbage and solid waste of downtowns with effectiveness, transparency and accountability, referring to ensure aesthetics, public health and environmental protection. Article 2: Followings are objectives of this sub-decree: Strengthen responsibilities of ministry, institution, skilled unit, sub-national administration and other relevant stakeholders for the management of garbage and solid waste of downtowns. Entrust function of the management of garbage and solid waste of downtowns to municipal, city and district administrations and delegate function of the management of garbage and solid waste of downtowns from municipal administration to khan administration. Determine necessary measures to improve efficiency and safety in the management of garbage and solid waste of downtowns. Promote public education and citizens ‘participation in preparing and implementing measures relating to the management of garbage and solid waste of downtowns. Article 3: This sub-decree covers separating, storing, cleaning, collecting, transporting, recycling and management of landfills of garbage and solid waste of downtowns in the Kingdom of Cambodia. This sub-decree does not cover industrial solid waste and hazardous waste management. Article 4: Vocabulary used in this sub-decree is defined as in a glossary which is the annex 1 of this sub-decree. Chapter 2: Responsible institutions Article 5: Ministry of Environment has roles in leading and pushing operation of the management of garbage and solid waste of downtowns and duties as follows: In cooperation with relevant ministries, institutions and stakeholders, prepare policies, national strategic plans, legal instruments and technical guidelines relating to the management of garbage and solid waste of downtowns; Provide technical advice and capacity building to sub-national administration on the management of garbage and solid waste of downtowns; Take lead in coordinating with development partners, private or public sector to gather financial resources, means and materials supporting sub-national administration in the management of garbage and solid waste of downtowns work; Support and cooperate with relevant ministries and institutions and sub-national administration to promote formal and informal education and dissemination of Vishnu Law Group Unofficial Translation Page 3 of 16 environmentally safe the management of garbage and solid waste of downtowns, program to reduce, reuse and recycle (3R) and promotion of use of products from recycling garbage and solid waste of downtowns; and Monitor, check and evaluate environmental work relating to garbage and solid waste of downtowns. Article 6: Ministry of Interior has roles in leading and pushing operation of the management of garbage and solid waste of downtowns and duties as follows: Support and cooperate with ministry of environment and relevant stakeholders in capacity building and experience sharing with sub-national administration about the management of garbage and solid waste of downtowns; Coordinate and seek any support for sub-national administration in effective promotion of the management of garbage and solid waste of downtowns; and Intervene in monitoring, checking and evaluating the implementation of the management of garbage and solid waste of downtowns. Article 7: Provincial Administration shall provide support and facilitation as well as urge operation work regarding the management of garbage and solid waste of downtowns has roles in leading and pushing operation of the management of garbage and solid waste of downtowns implementing by municipal and district administration and has duties as follows: Prepare legal instruments necessary for advising and urging the implementation of legal measures and other relevant legal instruments regarding the management of garbage and solid waste of downtowns; Advise municipal and district administration to prepare management plans and yearly action and budget plans for the management of garbage and solid waste of downtowns; Urge and support the creation of cleaning, collecting and transporting services and service of garbage and solid waste of downtowns; Collect resources, means and materials supporting municipal and district administration in the management of garbage and solid waste of downtowns work; Support and push education and information dissemination in all kind of means to the public about importance of garbage and solid waste of downtowns separation, program to reduce, reuse and recycle and promoting the usage of products from recycling garbage and solid waste of downtowns; Coordinate preparation and joint use of the management of garbage and solid waste of downtowns services for municipal and district administration; Monitor, check and assess the implementation of municipal and district administration pertaining to the management of garbage and solid waste of downtowns work. Article 8: Capital and Provincial Department of Environment shall play its role as the force majeure of capital and provincial administration regarding the management of garbage and solid waste of downtowns work and have duties as follows: Promote citizens’ education on environmental hygiene through education and information dissemination about storage, cleaning, separation, reduction, reuse and recycling and participation in using the management of garbage and solid waste of downtowns services; Participate in preparing the management of garbage and solid waste of downtowns plans of the sub-national administration; Vishnu Law Group Unofficial Translation Page 4 of 16 Participate in providing technical advice on proposals or projects of the management of garbage and solid waste of downtowns services; Monitor, check and evaluate environmental work relating to the process of the management of garbage and solid waste of downtowns services and garbage and solid waste of downtowns recycling activities; Push the implementation of measures of laws and legal instruments that are in force and participate in the implementation fine measure on offenses relating to the management of garbage and solid waste of downtowns; and Prepare semester and yearly reports on situation and process of the management of garbage and solid waste of downtowns. Article 9: Capital, municipal and district Administration have roles in the management of garbage and solid waste of downtowns, within their territorial jurisdictions and duties as follows: Prepare management plans and yearly action and budget plans for the management of garbage and solid waste of downtowns within its territorial jurisdiction; Prepare and implement any measure for the management of garbage and solid waste of downtowns through issuing an order (Deika) or other legal instruments; Establish, control and manage cleaning, collecting and transporting services and garbage and solid waste of downtowns services within its territorial jurisdiction; Advice citizens relating to environmental hygiene cleaning and local cleaning, collecting and transporting services and garbage and solid waste of downtowns services prepared; and Educate and disseminate information on garbage and solid waste of downtowns separation with environmental safety, program to reduce, reuse and recycle and promoting the usage of products from recycling garbage and solid waste of downtowns. Article 10: Each capital, municipal and district administration may propose to establish a specific unit or office under control of its administration responsible for this task in compliance with principles and procedures that are in force to ensure effectiveness and precise responsibilities on the management of garbage and solid waste of downtowns. Article 11: Capital administration shall transfer one or whole part of its functions on the management of garbage and solid waste of downtowns to khan or/and sangkat administration. Municipal and district administration may delegate one or whole part of its functions on the management of garbage and solid waste of downtowns to commune and sangkat administration within its territorial jurisdiction. Article 12: Khan administration shall be responsible for implementing granted functions and fulfilling roles to support and coordinate the process of cleaning, collecting and transporting services and garbage and solid waste of downtowns services at the capital and has duties as follows: Manage and implement the granted functions for the management of garbage and solid waste of downtowns; Participate and cooperate in implementing programs of the management of garbage and solid waste of downtowns; and Vishnu Law Group Unofficial Translation Page 5 of 16 Participate in monitoring the implementation of cleaning, collecting and transporting services and garbage and solid waste of downtowns services within its territorial jurisdiction. Article 13: Commune administration shall be responsible for implementing delegated functions and fulfilling roles to support and coordinate the process of cleaning, collecting and transporting services and garbage and solid waste of downtowns services within its territorial jurisdiction and has duties as follows: Manage and implement the management of garbage and solid waste of downtowns based upon delegation; Participate in broader education and information dissemination with regards to the use of cleaning, collecting and transporting services and garbage and solid waste of downtowns services within its territorial jurisdiction; Participate in providing advises on programs to cleaning, collecting and transporting services and garbage and solid waste of downtowns services within its territorial jurisdiction; Participate in resolving problems relating to cleaning, collecting and transporting services and garbage and solid waste of downtowns services within its territorial jurisdiction; and Participate in cooperating to enforce the implementation of legal measures and legal instruments regarding to the management of garbage and solid waste of downtowns. Article 14: In necessary case, the minister of Ministry of Interior, the minister of Ministry of Environment and the minister of Ministry of Economy and Finance may issue legal instruments advising to the implementation of the management of garbage and solid waste of downtowns. Chapter 3: Separation, Packaging, Storage and Disposal of Garbage and Solid waste of Downtowns Article 15: Owners of garbage and solid waste of downtowns shall practice separating and packaging reusable and recyclable solid waste from garbage and solid waste which is to be disposed, consistent with guidance of capital, municipal, district and khan administration. Article 16: Owners of garbage and solid waste of downtowns shall be responsible for waste packaging by a plastic bag or keeping their waste in a private bin with thorough manner, without any leaking, sipping of wastewater or emission of stink within the period of storage awaiting discharge consistent with guidance of capital, municipal, district and khan administration. Article 17: Owners of garbage and solid waste of downtowns shall be responsible for maintaining waste packages and their rubbish bins inside their gates or premises of their houses, buildings or sites and shall discharge at the time determined by capital, municipal, district and khan administration. Vishnu Law Group Unofficial Translation Page 6 of 16 Capital, municipal, district and khan administration shall take action to strictly check practices of packages discharge or rubbish bins on streets or in the public awaiting collection and transport at the time determined. Article 18: Owners of garbage and solid waste of downtowns using services of garbage and solid waste of downtowns management shall pay for cleaning, collecting and transporting services and services of garbage and solid waste of downtowns landfills determined by capital, municipal, district and khan administration. Article 19: Capital, municipal, district and khan administration shall prepare orders (Deika) or other legal instruments to recommend the implementation of cleaning, separating, packaging, storing and discharging garbage and solid waste of downtowns within its territorial jurisdiction in response to actual situation of each downtown and shall ensure high efficiency of garbage and solid waste od downtowns management and promote aesthetics, hygiene and environment of downtowns. Above orders or legal instruments shall be prepared consistent with policies, national strategic plans, legal instruments and technical guidelines that are in force. Capital, municipal, district and khan administration shall widely disseminate information regarding those orders or other legal instruments, as stipulated in the above paragraph, to citizens to ensure participation in responsible implementation. Chapter 4: General Measures on the Management of Garbage and Solid Waste of Downtowns Article 20: Any disposal or burning of garbage and solid waste of downtowns on public streets, fields, in sewage system or public water sources or on privately-owned land. Capital, municipal, district and khan administration shall take measures to prevent any disposal or burning of garbage and solid waste of downtowns on public streets, fields, in sewage system or public water sources or on privately-owned land. Article 21: Any natural person and legal entity using a public site for celebrating or processing his or her ceremony shall be entitled to pay for fee of cleaning, collecting and transporting service of garbage and solid waste of downtowns generated from the ceremony to the local service provider consistent with cost determined by capital, municipal, district and khan administration. Article 22: Capital, municipal, district and khan administration shall manage to place public rubbish bins and prepare to have cleaning, collecting and transporting service of garbage and solid waste of downtowns generated from selling on streets and public sites within its territorial jurisdiction. Owners of managers of markets, business sites, service sites, companies, factories, enterprises, handicrafts, entertainment centers shall equip rubbish bins at their sites or premises for disposal of garbage and solid waste of downtowns of their customers or staff. Vishnu Law Group Unofficial Translation Page 7 of 16 Article 23: Owners or contractors for demolishing, repairing or constructing houses or buildings shall be responsible for garbage and solid waste from their constructing sites as follows: Keep their garbage and solid waste properly without causing impact to public order and the environment; and Clean, collect and transport their garbage and solid waste by their own to local landfills and shall pay for fee as determined by capital, municipal, district and khan administration. Article 24: Capital, municipal, district and khan administration shall determine appropriate places for temporarily storing garbage and solid waste of downtowns when necessary to ensure the effectiveness in collecting and transporting. Capital, municipal, district and khan administration shall determine time allowed for disposal of garbage and solid waste of downtowns to temporary storage places and shall take action to prevent any disposal of garbage and solid waste of downtowns to temporary storage places at the wrong time. Article 25: Owners and managers of sites and housing gate community shall prepare appropriate places within their own management premises for storing garbage and solid waste of downtowns waiting for being transported, which does not affect aesthetics, public order, safety and public health. Article 26: Capital, municipal, district and khan administration shall take immediate action on case of garbage and solid waste of downtowns congestion caused by inactiveness of cleaning, collecting and transporting service providers through all means as possible to clean, collect and transport garbage and solid waste of downtowns in order to deal with that congestion. Providers of cleaning, collecting and transporting service of garbage and solid waste of downtowns are in charge of cost of the above operation in their downtowns. Article 27: Pumping business, transport and disposal of sludge from septic tanks shall be permitted by capital, municipal, district and khan administration after receiving technical advice from capital and provincial Department of Environment. Article 28: Ministry of Environment shall provide specific guidance on technical management for types of hazardous waste generated in houses, institutions or public buildings, commercial centers and tourism services, in consultation with national administration. List of hazardous waste generated in houses, institutions or public buildings, commercial centers and tourism services has been determined as in annex 2 of this sub decree. Vishnu Law Group Unofficial Translation Page 8 of 16 Article 29: Industrial solid waste and hazardous waste generated from production activities of factories, mineral exploitations and from other sources besides the sites or sources as stated in article 28 of this sub-decree shall be controlled by Ministry of Environment which is determined by specific provision. Chapter 5: Services of Garbage and Solid Waste of Downtowns Management Article 30: Within its territorial jurisdiction, Capital, municipal, district and khan shall be responsible for work regarding cleaning, collecting and transporting services and service of garbage and solid waste of downtowns landfills with effectiveness, transparency, accountability and environmental safety. Article 31: Regarding management of garbage and solid waste of downtowns, capital, municipal and district administration may: a. Prepare and operate by its administration one part of or whole functions on cleaning, collecting and transporting services and service of garbage and solid waste of downtowns landfills, within its territorial jurisdiction. b. Cooperate with other sub-national administration, boundary of which is next to each other, to provide joint services. c. Entitle rights to private sectors as responsible entities to provide cleaning or/and collecting or/and transporting services or/and service of garbage and solid waste of downtowns landfills. d. Transfer one part of or whole functions on management of garbage and solid waste of downtowns to khan, commune and sangkat administration or entitle rights to communities to implement any sub-function or some of functions on management of garbage and solid waste of downtowns. Article 32: Rights Entitlement in cleaning or/and collecting or/and transporting services or/and service of garbage and solid waste of downtowns landfills shall not longer than 10 years period for each contract and shall carried out in accordance with methods and procedure of procurement that are in force. Article 33: Based upon maximum service fee determined by inter-ministerial prakas of Ministry of Interior, Ministry of Environment and Ministry of Economy and Finance, capital, municipal and district administration shall determine fee for cleaning, collecting and transporting services and service of garbage and solid waste of downtowns landfills to be carried out locally, compliance with following principles: Shall consult with citizens and relevant stakeholders within its territorial jurisdiction; Ensure effectiveness and quality of management of garbage and solid waste of downtowns; Determine fee based on types of businesses, sites, income levels, quantity of garbage and solid waste of downtowns to be discharged; and Vishnu Law Group Unofficial Translation Page 9 of 16 Shall seek for check and approval from its councils. Article 34: Capital, municipal and district administration shall determine appropriate measures and procedure with transparency and effectiveness for collecting, managing and charging fee for management of garbage and solid waste of downtowns within its territorial jurisdiction by consulting with khan, commune, sangkat administration, institution and relevant stakeholders. Income generated from service of management of garbage and solid waste of downtowns is personal income of capital, municipal and district administration per se. Capital, municipal and district administration may utilize its budget or budget from other sources to additionally support expense on providing service of management of garbage and solid waste of downtowns. Article 35: In a case that there is a proposal from any community, organization or citizen to request a permit of collecting garbage and solid waste of downtowns for any interest, capital, municipal and district administration, in cooperation with capital and provincial Department of Environment, may: a. Check permit of collecting garbage and solid waste of downtowns for producing compost fertilizer and gas if activities of collecting those garbage and solid waste do not affect the management plans of garbage and solid waste of downtowns and do have negative impacts to the living of surroundings and the Environment. b. Provide permit of collecting and transporting garbage, Chapter 6: Measures on Management of Garbage and Solid waste of Downtowns Landfills Article 36: Within its territorial jurisdiction and consistent with actual geographical situational location, capital, municipal and district administration shall determine and choose places for garbage and solid waste of downtowns landfill management plan. Municipal and district administration shall seek approval from provincial administration for the determination and selection of places for garbage and solid waste of downtowns landfill management plan. Every proposed project for installation of garbage and solid waste of downtowns landfill shall be checked and approved by Ministry of Environment regarding techniques in preparing the landfill, measures to protect the Environment during operation and when that landfill is closed and duration of garbage and solid waste of downtowns landfill use. Article 37: Owners or operators of garbage and solid waste of downtowns landfill shall operate their landfill in compliance with technical conditions and environmental protection measures determined by Ministry of Environment. In a case that there is an environmental pollution incident caused by landfill operation the owner or operator of such a landfill shall take immediate action to prevent and provide Vishnu Law Group Unofficial Translation Page 10 of 16 information about this incident immediately to capital, municipal, district, khan administration and capital and provincial Department of Environment. Article 38: Ministry of Environment and capital and provincial administration shall regularly monitor practices of owners of garbage and solid waste of downtowns landfills with regards to prevention and reduction of environmental impact from landfill operation. Chapter 7: Penalties Article 39: Incompliance with what determined by capital, municipal, district and khan administration in terms of separating and packaging of reusable and recyclable solid waste as stipulated in Article 15 of this sub-decree, owners of garbage and solid waste of downtowns shall be subject to transactional fines in a certain amount of money as follows: 10,000 (ten thousand) riels for housing 100,000 (one hundred thousand) riels for business sites, service sites, handicraft sites, condominiums, apartments and gate communities 200,000 (two hundred thousand) riels for industries, enterprises and companies. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 40: Any person who brings a package or bin of garbage and solid waste of downtown to the street or public site not at permitted time to be discharged determined by capital, municipal, district and khan administration as stipulated in Article 17 of shall be subject to transactional fines as follows: 20,000 (twenty thousand) riels for housing 150,000 (one hundred and fifty thousand) riels for business sites, service sites, handicraft sites, condominiums, apartments and gate communities 400,000 (four hundred thousand) riels for industries, enterprises and companies. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 41: Any person who use services of management of garbage and solid waste of downtowns and is not willing to pay for fee for cleaning, collecting and transporting services and services of garbage and solid waste of downtowns landfills prepared or determined by capital, municipal, district and khan administration as stipulated in Article 18 of this sub decree shall be responsible for a transactional fine in double amount of fee to be paid per month. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 42: Any person who disposes garbage and solid waste of downtowns at public sites, on streets, fields, possessed lands, or places prohibited for waste disposal by capital, municipal, district and khan administration as stipulated in Article 20 of this sub-decree shall be subject to transactional fines and penalties as follows: Vishnu Law Group Unofficial Translation Page 11 of 16 20,000 (twenty thousand) riels for passengers, tourists and shall collect, clean and bring their waste to the public rubbish bins 50,000 (fifty thousand) riels for sellers on streets or public sites and shall collect, package and bring their waste to sites determined by the authority 200,000 (two hundred thousand) riels for sellers at homes, restaurants, entertainment sites and shall collect, package and bring their waste to sites determined by the authority 400,000 (four hundred thousand) riels for industries, enterprise, companies and shall be responsible for collecting, cleaning and transport their waste to the landfills. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 43: Any person who burn garbage and solid waste of downtowns at public sites, on streets, fields, possessed lands, or places prohibited by capital or municipal and district administration as stipulated in Article 20 of this sub-decree shall be subject to transactional fines and penalties as follows: 50,000 (fifty thousand) riels for passengers, tourists and shall collect and clean their waste 100,000 (one hundred thousand) riels for housing owners, sellers on streets or public sites and shall collect and clean their waste 200,000 (two hundred thousand) riels for sellers at homes, restaurants, entertainment sites and shall collect, package and bring their waste to sites determined by the authority 1,000,000 (one million) riels for industries, enterprise, companies and shall be responsible for collecting, cleaning and transport their waste to the landfills. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 44: Any person getting away from being responsible for garbage and solid waste of downtowns generated from his or her ceremony conducted on street or public site as stipulated in Article 21 of this sub-decree shall be subject to transactional fines, in addition to service fee of cleaning, collecting and transporting, as follows: 200,000 (two hundred thousand) riels for weddings, grand openings, and ceremonies except for funerals 600,000 (six hundred thousand) riels for forums 2,000,000 (two million) riels for public concerts In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 45: Any person who is the owner or manager of a market, business site, company, enterprise, handicraft, entertainment center which is not equipped with rubbish bins at their sites or premises for disposal of garbage and solid waste of downtowns of their customers or staff as stipulated in paragraph 2 of Article 22 of this sub-decree shall be subject to a transactional fine in the amount of 400,000 (four hundred thousand) riels. Vishnu Law Group Unofficial Translation Page 12 of 16 In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 46: Owners of construction sites who improperly keep garbage and solid waste of downtowns from constructing work or materials as determined by capital, municipal, district and khan administration or their storage causing impact to public order, aesthetics or the environment as stipulated in Article 23 of this sub-decree shall be subject to transactional fines and penalties as follows: 400,000 (four hundred thousand) riels for construction sites of housing and shall be responsible for collecting, cleaning and transporting to landfills 800,000 (eight hundred thousand) riels for big construction sites of building, gate communities and shall be responsible for collecting, cleaning and transporting to landfills. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 47: Any person who conducts pumping business of sludge from sewage system or septic tanks without a permit from capital, municipal, district and khan administration or transport and discharge that sludge outside places determined by the competent authority as stipulated in Article 17 of this sub-decree shall be permitted shall be subject to transactional fines as follows: 400,000 (four hundred thousand) riels for family businesses 800,000 (eight hundred thousand) riels for company businesses. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 48: Any person who stores, packages or collects and transports garbage and solid waste of downtowns mixed with industrial solid waste, medical waste or hazardous waste shall be subject to transactional fine as follows: 500,000 (five hundred thousand) riels for businesses, handicrafts and maternity hospitals 800,000 (eight hundred thousand) riels for factories, enterprises and companies 1000,000 (one million) riels for service companies for collecting and transporting garbage and solid waste of downtowns. In case of recidivism, the transactional fine shall be in a double amount of the previous transactional fine. Article 49: If any person who does not pay for transactional fine within 30 (thirty) days from a day when he or she receives the fine receipt, he or she shall pay for a double amount of fine. If within 60 (sixty) days, he or she shall pay for fine thrice. If period of 90 (ninety) days is over, capital, municipal, district and khan administration shall prepare documents and file a complaint to capital and provincial court of first instance. Vishnu Law Group Unofficial Translation Page 13 of 16 Article 50: Any person who is not satisfied with decision on a transactional fine by any competent official of capital, municipal, district or khan administration has rights to file a complaint to capital, municipal, district or khan governor itself. Capital, municipal, district or khan governor shall make a decision on the complaint within 15 (fifteen) days, the longest after receiving the complaint. Any person who is not satisfied with the decision made by capital, municipal, district or khan governor has rights to sue to the court based on procedure that is in force. Article 51: Capital, municipal, district and khan administration shall be responsible for preparing mechanisms for carrying out measures on transactional fines effectively. Procedure of managing, allocating, and using income from transactional fines will be determined by inter-ministerial prakas of Ministry of Interior, Ministry of Environment and Ministry of Economy and Finance. Chapter 8: Transitional Provisions Article 52: Capital, provincial, municipal and district administration shall check the past contract implementation and consult with relevant ministries, institutions and service providers, as well as relevant stakeholders, for checking and revising contracts of providing garbage and solid waste services implemented under its territorial jurisdiction within 12 (twelve) months after this sub-decree enters into force. Article 53: Ministry of Interior, Ministry of Environment and Ministry of Economy and Finance shall establish an inter-ministerial working group for discussion and coordination with sub national administrations concerning transfer of the management of garbage and solid waste of downtowns implementation and responsibilities to municipal and district administration and delegation of the management of garbage and solid waste of downtowns implementation and responsibilities from capital administration to khan administration. Chapter 9: Final Provision Article 54: Any provision which is contradicted to this sub-decree shall be nullified. Article 55: The minister in charge of the Council of Ministers, the minister of Ministry of Interior, the minister of Ministry of Economy and Finance, the minister of Ministry of Environment, the ministers of all ministries and directors of relevant institutions, councils and board of governors of sub-national administration shall be in charge of implementing this sub-decree according to their own obligations from the date when this sub-decree is signed on. Vishnu Law Group Unofficial Translation Page 14 of 16 Phnom Penh, August 27, 2015 Prime Minister Samdach Akka Moha Sena Padei Techo Hun Sen Vishnu Law Group Unofficial Translation Page 15 of 16 Annex 1 Glossary 1. Garbage refers to a using thing, material, product remained or generated from human daily activities and livelihood which does not consist of toxic substances or hazardous waste. 2. Solid waste of downtowns refers to solid waste remained or generated from business activities or services which do not consist of toxic substances or hazardous. 3. Industrial solid waste refers to solid waste remained or generated from factory’s production activities or services which do not consist of toxic substances or hazardous. 4. Hazardous waste refers to solids, liquids, gases, radioactive substances, explosives, inflammable substances, infectious substances, or substances causing inflammation, rust, oxidation, pollution, cancer or other pollutants causing danger to humans, animals or destruction to plants, public property and the environment. Sources of hazardous waste may be those from housing, markets, supermarkets, recreational sites, public buildings, educational institutions, business activities, services, handicrafts, factories, agricultural activities and mining activities. 5. Resources extraction refers to any activities of selecting or using garbage and solid waste to form compost fertilizer, to recycle, extract power or other importance. 6. Recycling refers to any activity or process of breaking or transforming garbage and solid waste into raw materials serving for reproduction. 7. Reuse refers to the selection of garbage and solid waste that can be reused by just cleaning or repairing as its original feature is remained. 8. Separation refers to the division based on types of garbage and solid waste at the source which is aimed for resources extraction or safety for disposal to landfills. 9. Landfill refers to any place/site determined by authority or prepared, in compliance with environmental safety measures, for disposal of garbage and solid waste of downtowns. 10. Treatment refers to any activity or measure with a purpose to have better management of garbage and solid waste of downtowns which include: a. Reduction of size or quantity of garbage and solid waste before disposal into landfills, such as removing and splitting, crushing, digesting or burning in incinerators. b. Removing or demolish toxicity, hazardous substances or infectious agencies in garbage and solid waste before disposal into landfills. 11. Downtown refers to the central part of municipals, districts, central markets, and housing including restaurants, recreational centers and tourism sites. 12. Site refers to a place of production, business, service, public administrative building or commercial center. 13. Septic tank refers to a tank storing waste of primarily clean toilets. 14. Transactional fine refers to a requirement of those who violate provisions in this sub decree to pay for fine pursuant to level of penalty of the offenses committed. 15. Services of garbage and solid waste of downtowns management refer to services of collecting, transporting and services of garbage and solid waste of downtowns landfills. Vishnu Law Group Unofficial Translation Page 16 of 16 Annex 2 Hazardous waste generated in houses, institutions or public buildings, commercial centers and tourism services Hazardous waste generated from houses, institutions or public buildings, commercial centers and tourism services includes: 1. Waste of battery or all types of charging batteries. 2. Waste of electric and electronic facilities. 3. Waste of bottle or can stained with chemicals or agricultural poison. 4. Waste of all types of motor vehicles’ tires. 5. Waste of motor oil. 6. Waste of dying paints and packaging materials. 7. Waste of black ink. 8. Waste that is asbestos compound.