Environmental Management (Hazardous Waste Control and Management) Regulations, 2021

Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 1 GOVERNMENT NOTICE No. 389 Published On 14/5/2021 THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) REGULATIONS (Made under sections 133(4) and (5), 135(1) and 230(2)(f)) THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 Regulation Title PART I PRELIMINARY PROVISIONS 1. Citation. 2. Application. 3. Interpretation. PART II GENERAL PRINCIPLES 4. Principles. 5. Cleaner production principle. 6. Right and duty to safeguard environment from adverse effects of hazardous waste. PART III ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT 7. Functions of Minister. 8. Functions of Director of Environment. 9. Functions of Council. 10. Powers of Environmental Inspector. 11. Duty of Local Government Authority. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 2 PART IV HAZARDOUS WASTE MANAGEMENT AND HANDLING 12. Classification of hazardous wastes. 13. Packaging of hazardous wastes. 14. Labelling of hazardous wastes. PART V IN-COUNTRY MOVEMENT OF HAZARDOUS WASTE 15. Permits for in-country management of hazardous waste. 16. Application for permit to manage hazardous waste. 17. Application requirements for permit to collect and transport up to five tonnes of hazardous waste 18. Permit for collection and transportation of hazardous waste up to five tonnes 19. Condition for permit to collect and transport hazardous waste up to five tonnes 20. Application requirements for permit to collect and transport up one thousand litres of hazardous waste 21. Permit for collection and transportation of hazardous waste up to one thousand litres 22. Condition for permit to collect and transport hazardous waste up to one thousand litres 23. Application requirements for permit to collect hazardous waste. 24. Permit for collection of hazardous waste. 25. Conditions for permit to collect hazardous waste. 26. Application requirements to store hazardous waste. 27. Permit for storage of hazardous waste. 28. Conditions for permit to store hazardous waste. 29. Application requirements of permit to transport hazardous waste. 30. Permit for transportation of hazardous waste. 31. Conditions for permit to transport hazardous waste. 32. Labelling of vehicle or other means of conveyance. 33. Application requirements of permit to own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste. 34. Permit to own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 3 35. Conditions for permit to own or operate operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste. 36. Validity of permits for in-country movement of hazardous waste. 37. Offences relating to in-country movement of hazardous waste. PART VI TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE 38. Focal point and competent authority. 39. Application requirements of export permit of hazardous waste. 40. Export permit. 41. Conditions for export permit of hazardous waste. 42. Restricted importation of hazardous waste 43. Application requirements for import permit of hazardous waste. 44. Import permit of hazardous waste. 45. Conditions for import permit of hazardous waste. 46. Application requirements for transit permit of hazardous waste. 47. Transit permit of hazardous waste. 48. Conditions for transit permit of hazardous waste. 49. Notification to Commmissioner of Customs and Exports Controller. 50. Validity of permits for transboundary movement of hazardous waste. 51. Illegal traffic of hazardous waste. PART VII HEALTH CARE WASTE 52. Segregation of health care waste. 53. Securing and packaging of health care waste. 54. Treatment of health care waste. 55. Storage of health care waste. 56. Transportation of health care waste. 57. Transfer stations. 58. Monitoring. PART VIII Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 4 PESTICIDES, RADIOACTIVE AND CHEMICAL WASTE 59. Management of pesticides waste. 60. Management of radioactive waste. 61. Management of industrial and consumer chemicals waste. PART IX COMPLIANCE AND ENFORCEMENT 62. Powers of Environmental Inspectors to serve prevention orders. 63. Hazardous waste compliance orders. 64. Cancellation of permits. PART X GENERAL PROVISIONS 65. Duty to keep records. 66. Reporting procedures. 67. Liability. 68. Insurance. 69. Non-transferability of permit. 70. Self-environmental audit. 71. Disposal of hazardous waste for generator of waste. 72. Offences and penalties. 73. Register. 74. Appeals. 75. Revocation. SCHEDULES Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 5 THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) REGULATIONS (Made under sections 133(4) and (5), 135(1) and 230(2)(f)) THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Environmental Management (Hazardous Waste Control and Management) Regulations, 2021. Application 2.-(1) These Regulations shall apply to all categories of hazardous waste and to the generation, collection, storage, transportation, treatment, recycling, reuse, recovery and disposal of hazardous waste and their movements in, into and out of Mainland Tanzania. (2) Without prejudice to sub-regulation (1), these Regulations shall also apply to all other wastes destined for transboundary movement. Interpretatio n 3. In these Regulations, unless the context requires otherwise Cap. 191 “Act” means the Environmental Management Act; “Bamako Convention” means the Bamako Convention on the ban of the import into Africa and the control of trans-boundary movement and management of hazardous waste within Africa, 1991; “Basel Convention” means the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal, 1989; “certified copy” means a document certified by the Council; “Council” means the National Environment Management Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 6 Council referred to under section 16 of the Act; "Director of Environment" means a Director of Environment appointed pursuant to section 14 of the Act; “environment” has the meaning ascribed to it under the Act; "Environmental Inspector" means an inspector appointed under or designated pursuant to section 182 of the Act; “harm” means interference with ecological systems of which living organisms form part and in case of living person includes harm, distress or annoyance to any of his senses and damage to his property; “hazardous substance” means any gaseous, liquid, solid, chemical, waste, medicine, drug, plant, animal or micro organism which is likely to be injurious to human health, life or the environment; “hazardous substance” has the meaning ascribed to it under the Act; "hazardous waste transfer station" means temporary storage facility for collecting hazardous waste from various sources before transportation for further treatment, recycling, reuse, recovery or disposal; “Minister” means the Minister responsible for matters relating to the environment; “permit” means a permit to collect or transport or store or own or operate treatment, recycling or reuse or recovery or disposal plant or facility or site export or import or transit hazardous waste; “polluter-pays principal” has the meaning ascribed to it under the Act; "precautionary principle" means a risk management approach which requires that where there is risk of serious irreversible adverse effects occurring, a lack of scientific certainty should not prevent or impair the taking of precautionary measures to protect the environment; “storage facility” means a place authorized to store hazardous waste pending transportation, recycling, treatment, disposal or exportation; “waste disposal site” means a site, used to dispose of or treat Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 7 waste and includes a mobile or immobile waste treatment plant, waste storage or transfer facility; “waste management” means the collection, transport deposit, interim storage, transport, treatment and final disposal of waste; “waste management facility” means any site or premises used for the purpose of recovery, recycling, treatment or disposal of wastes; and “waste producer’ means a person who creates or produces waste. PART II GENERAL PRINCIPLES Principles 4.-(1) Any person generating, collecting, storing, transporting, treating, recycling, reusing, recovering and disposing of hazardous waste or any person exercising jurisdiction under these Regulations shall, in relation to any decision, order, exercise of any power or performance of any function, be guided by the following principles of environment and sustainable development relevant to hazardous waste management (a) the precautionary principle; (b) polluter pays principle; and (c) the producer extended responsibility. (2) For the purpose of this regulation “producer extended responsibility” means a policy approach which requires that any person producing or importing a product should internalize environmental costs in the production of the products and in whole life cycle of such product. Cleaner production principle 5. A person who owns or operates a facility or premises which generate hazardous and toxic waste shall minimize the waste generated by adopting the following cleaner production principles (a) improvement of production process through conserving raw materials and energy by (i) eliminating the use of hazardous and toxic raw materials within such times as may be prescribed by the Minister; and (ii) reducing toxic emissions and hazardous Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 8 wastes to a level prescribed in the applicable national environmental quality standards. (b) monitoring the product cycle from beginning to end by (i) identifying and eliminating potential negative impacts of the product; (ii) enabling the recovery and re-use of the product where possible; and (iii) reclamation and recycling. Right and duty to safeguard the environmen t from adverse effects of hazardous waste 6.-(1) Every person living in Tanzania shall (a) have a right to clean, safe and healthy environment; and (b) have a stake and a duty to safeguard the environment from adverse effects of hazardous wastes and to inform the relevant authority on any activity or phenomenon resulting from hazardous waste that is likely to adversely affect the environment and human health. (2) A generator of hazardous waste shall be responsible for the sound management and disposal of such waste and shall be liable for damage to the environment and injury to human health arising thereby. PART III ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT Functions of Minister 7. The Minister shall be assisted in the discharge of his duties under these Regulations by the Director of Environment, the Council, local government authorities and Environmental Inspectors. Functions of Director of Environment 8. The Director of Environment shall (a) serve as the National Focal Point and the competent authority for the operation of the Prior Informed Consent Procedure for transboundary movement of hazardous waste under the Basel Convention; (b) enhance sectoral coordination, monitoring, and mobilization of stakeholders for control and Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 9 management of hazardous waste; (c) promote institutional capacity to effectively support environmentally sound management of hazardous waste; (d) oversee the in-country and transboundary movements of hazardous waste; (e) coordinate and promote public awareness on the control and management of hazardous waste; and (f) develop guidelines for handling of hazardous wastes. Functions of Council 9. The Council shall (a) receive and process Notification and Movement Documents for export of hazardous waste; (b) receive and process in-country applications involving control and management of hazardous waste; (c) establish and maintain information register and data related to the control and management of hazardous waste; (d) inspect and monitor hazardous waste management facilities; (e) advising the Minister for issuance of consent and permits; and (f) submit the dully filled Tracking Forms to the Director. Powers of environmenta l inspector 10. An Environmental Inspector may, in addition to the powers conferred under the Act or any other written law (a) stop and inspect any vehicle used for the transportation of hazardous waste; and (b) enter upon any premises where hazardous waste is stored, processed or disposed of. Duty of local government authority 11.-(1) Each local government authority shall, with respect to its area of jurisdiction (a) receive and scrutinize the applications for a permit to collect and transport up to five tonnes or up to one thousand litres of hazardous waste; (b) inspect and monitor hazardous waste Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 10 management facilities; and (c) establish and maintain information register and data related to the control and management of hazardous waste. (2) Without prejudice to the provisions of subregulation (1), each local government authority shall, with respect to its area of jurisdiction, ensure that (a) standards prescribed for the hazardous waste management are in place and operational at all the time; (b) premises producing hazardous wastes are adequately ventilated and fitted with air polluting control facilities and are in compliance with prescribed standards; (c) waste effluents are treated or are so modified as to comply with prescribed standards before final disposal; and (d) hazardous standards at factory or on site before their discharge into public sewers or municipal oxidation ponds or in an open land or into receiving water bodies. (3) Any standards, bylaws and guidelines set by the local government authority for the purpose of these Regulations, shall conform to standards set under these Regulations and the Act. PART IV HAZARDOUS WASTE MANAGEMENT AND HANDLING Classificatio n of hazardous wastes 12. The hazardous waste shall include waste set out in the First Schedule, Second Schedule and Third Schedule were it possesses any of the characteristics in the Fourth Schedule. Packaging of hazardous wastes 13.-(1) A person shall not pack or store hazardous waste in a container or package, unless the container or package in which that waste is to be contained, packed or stored meets international requirements approved by the Council. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 11 (2) A container or packaging material provided for under sub-regulation (1) shall be suitable for storage of hazardous waste for which an application for storage has been made and shall (a) not be reactive with the waste in question; (b) be free from the possibility of leakage; and (c) be capable of protecting the health of persons involved in handling the waste, the neighbouring community and the environment in general. (3) A container or packaging materials provided for under this regulation shall be (a) labelled; (b) punctured after its lifespan or after use; and (c) disposed of in accordance with these Regulations. (4) A person who (a) packs or stores wastes contrary to these Regulations; or (b) sells or offers for sale a container which has been used for the storage of hazardous wastes to be used for any purpose other than storage of wastes, commits an offence and shall be liable on conviction to a fine of not less than five million shillings but not exceeding ten billion or to imprisonment for a term not exceeding twelve years or to both. Labelling of hazardous wastes 14.-(1) A person shall not sell, offer for sale, use, pack, store or transport hazardous waste in a container or package, unless the container has been affiexd with labels written in English or Kiswahili language specifying the following: (a) identity of the hazardous waste; (b) name and address of the generator of waste; (c) net contents; (d) normal storage stability and methods for safe storage; (e) name and percentage by weight of other ingredients or half-life of radioactive material; (f) warning or caution statements which may Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 12 include all, some or any of the following as appropriate (i) the word “WARNING” or “CAUTION”; (ii) the word “DANGER! Keep away from unauthorized persons”; (iii) the word “POISON” marked indelibly in red on white background; and (iv) a pictogram of a skull and crossbones; (g) a statement of First Aid measures to be taken when hazardous waste is inhaled or ingested to including the antidote be taken and direction that a physician must be contacted immediately; (h) adequate directions for handling should be included in accompanying leaflets including safety precautions in transporting, storage, and disposal of hazardous waste and measures for cleaning any equipment used; and (i) directions for the disposal of the container and hazardous waste in accordance with the Act and these Regulations. (2) Without prejudice to the provisions of sub regulation (1), the Minister may in giving effect to this regulation, require a person to comply with international requirements approved by the Council. (3) The label referred to in sub-regulation (1) shall (a) be written in characters that are easily legible; and (b) not contain warranties, guarantees and liability exclusion clauses inconsistent with the provisions of the Act or these Regulations. (4) A person shall not use a vehicle or other conveyance as means for carrying hazardous waste unless such vehicle or conveyance is labelled in accordance with sub-regulation (1)(f). (5) A person who (a) sells, offers for sale, uses, packs, stores or transports waste in a container or package that is not labelled in accordance with this regulation; or Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 13 (b) uses a vehicle or conveyance that is not labelled in accordance with these Regulations, commits an offence and shall be liable on conviction to a fine of not less than shillings five million but not exceeding ten billion or for imprisonment for a term not exceeding twelve years or to both. PART V IN-COUNTRY MOVEMENTS OF HAZARDOUS WASTE Permits for in-country management of hazardous waste 15. The Minister may issue permits for in-country management of hazardous waste for the following activities (a) collection of hazardous waste; (b) storage of hazardous waste; (c) transportation of hazardous waste; (d) collection and transportation up to five tonnes of hazardous waste; (e) collection and transportation up to one thousand litres of hazardous waste; (f) owning or operating a plant, facility or site for recycling or recovery or re-use or treatment or disposal of hazardous waste. Application for permit to manage hazardous waste 16.-(1) A person who intends to collect and transport hazardous waste up to five tonnes or one thousand litres shall apply for a permit to the Minister by filling Form No. 1 prescribed in the Fifth Schedule and submit it to the City, Municipal, District or Town Council Environmental Officer for scrutiny. (2) A person who intends to collect, store or transport hazardous waste shall apply for a permit to the Minister by filling Form No. 1 prescribed in the Fifth Schedule and submit it to the Council for consideration. (3) A person who intends to own or operate a plant or facility or site for recycling or recovery or re-use or treatment or disposal of hazardous waste shall apply for a permit to the Minister by filling Form No. 3 prescribed in the Fifth Schedule and submit it to the Council for consideration. Application 17.-(1) Subject to regulation 16(1), a person Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 14 requirement s for permit to collect and transport up to five tonnes of hazardous waste applying for a permit to collect and transport up to five tonnes of hazardous waste shall submit the following attachments (a) business licence; (b) introductory letter from the ward or sub-ward executive officer; (c) Tax Identification Number (TIN) Certificate; (d) inspection report conducted by an Environmental Officer; Cap. 297 (e) upon renewal of permit, medical report of fitness for personnel involved in collection of waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (f) proof of payment of application fee; and (g) any other document which the the City, Municipal, District or Town Council Environmental Officer may require according to law. (2) Where the requirements for application under sub- regulation (1) have been complied with, the Applicant shall submit the application package to the Council for processing. (3) Where the requirements for application under this regulation have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection and transportation of hazardous waste up to 5 tonnes 18. Subject to Regulation 17, the Minister may issue a permit for collection and transportation of hazardous waste up to 5 tonnes in Form No. 2 specified in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect and transport hazardous waste up to 5 tonnes without causing significant damage to public health and the environment. Condition for permit to collect and transport hazardous waste up to 19. A person granted with permit to collect and transport hazardous waste up to five tonnes shall (a) use appropriate waste collection equipment taking into account the type of hazardous waste; Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 15 five tonnes (b) ensure that the collection of hazardous waste from generation or transfer station is conducted in a manner that shall not cause scattering of waste, leaks or spillage; (c) ensure that waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (d) ensure that at all times the waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (e) provide adequate protective and safety gears to personnel involved in handling of hazardous waste; (f) provide safe and secure seating facilities for personnel involved in vehicles used for collection of waste; (g) provide basic training and information to personnel involved in the collection and handling of the hazardous waste at the waste transfer station; (h) ensure that the waste (i) is stored properly; and (ii) is not exposed to direct sunlight, rain and wind; and Cap. 297 (i) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (j) ensure that the waste is transported in a transport facility that is covered or a closed container at all times depending on the type of waste; (k) provide biannual reports of the conduct of the collection activity to the Council; (l) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to these Regulations, to the Council immediately upon completion of the collection and transportation operation; Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 16 (m) se of appropriate means of transport taking into account the type of hazardous waste in order to avoid the waste spreading or noxious releases during transportation; (n) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste carried; (o) ensure that at all time the waste consignment is accompanied by certified copy of the collection and transport permit of hazardous waste up to five tonnes, copy of the Tracking form and all necessary transport documents at all times together with permits and licences from other relevant Authorities; (p) use the shortest routes or routes presenting the lowest risk for the public and environment; (q) provide safe and secure seating facilities in the cabin for personnel involved during transportation of hazardous waste; and (r) comply with any condition which the Minister may impose. Application requirement s for permit to collect and transport up one thousand litres of hazardous waste 20.-(1) Subject to regulation 16(1), a person applying for a permit to collect and transport up to one thousand litres of hazardous waste shall submit the following attachments (a) business licence; (b) Introductory letter from the ward or sub-ward; (c) Tax Identification Number (TIN) Certificate; (d) business or company profile; (e) inspection report conducted by an Environmental Officer; Cap. 297 (f) upon renewal of permit, medical report of fitness for personnel involved in collection of waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (g) proof of payment of application fee; and (h) any other document which the City, Municipal, Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 17 District or Town Council Environmental Officer may require according to law. (2) Where the requirements for application under this regulation have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection and transportation of hazardous waste up to one thousand litres 21. Subject to regulation 20, the Minister may issue a permit for collection and transportation of hazardous waste up to one thousand litres in Form No. 2 specified in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect and transport hazardous waste up to one thousand litres without causing significant damage to public health and the environment. Condition for permit to collect and transport hazardous waste up to one thousand litres 22. A person granted with permit to collect and transport hazardous waste up to one thousand litres shall (a) use appropriate waste collection equipment taking into account the type of hazardous waste; (b) ensure that the collection of hazardous waste from generation or transfer station is conducted in a manner that shall not cause scattering of waste, leaks or spillage; (c) ensure that waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (d) ensure that at all times the waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (e) provide adequate protective and safety gears to personnel involved in handling of hazardous waste; (f) provide safe and secure seating facilities for personnel involved in vehicles used for collection of waste; (g) provide basic training and information to Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 18 personnel involved in the collection and handling of the hazardous waste at the waste transfer station; (h) ensure that the waste (i) is stored properly; (ii) is not exposed to direct sunlight, rain and wind; and (iii)which is waste oil and other liquid hazardous waste is stored in closed containers; (i) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (j) ensure that the waste is transported in a transport facility that is covered or a closed container at all times depending on the type of waste; (k) provide biannual reports of the conduct of the collection activity to the Council; (l) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to these Regulations, to the Council immediately upon completion of the collection and transportation operation; (m) use appropriate means of transport to avoid the waste spreading or noxious releases during transportation; (n) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste carried; (o) ensure that at all time the waste consignment is accompanied by certified copy of the collection and transport permit of hazardous waste up to one thousand litres , copy of the Tracking form and all necessary transport documents at all times together with permits and licences from other relevant Authorities; (p) use the shortest routes or routes presenting the lowest risk for the public and environment; Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 19 (q) provide safe and secure seating facilities in the cabin for personnel involved during transportation of hazardous waste; (r) ensure the waste is transported in a covered transport facility or closed container at all times depending on the type of waste; (s) provide annual medical check-up and submit medical report of fitness to the Council; and (t) comply with any condition which the Minister may impose. Application requirement s for permit to collect hazardous waste 23.-(1) Subject to regulation 16(2), a person who intends to collect hazardous waste shall submit to the Council the following attachments: (a) business licence; (b) Certificate of Incorporation and Memorandum and Articles of Association in case of company; (c) Tax Identification Number (TIN) certificate; (d) business or company profile; (e) inspection report conducted by the Council; Cap. 297 (f) upon renewal of permit, medical report of fitness for personnel involved in collection of waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (g) proof of payment of application fee; and (h) any other document which the Council may require according to law. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Council shall– (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection of hazardous waste 24. Subject to regulation 23, the Minister may issue a permit for collection of hazardous waste in Form No. 2 specified in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect hazardous waste without causing significant damage to public health and the environment. Conditions 25. A person issued with permit to collect hazardous Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 20 for permit to collect hazardous waste waste shall (a) use appropriate waste collection equipment taking into account the type of hazardous waste; (b) ensure that the collection of hazardous waste from generation or transfer station is conducted in a manner that shall not cause scattering of waste, leaks or spillage; (c) ensure that waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (d) ensure that at all times the waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (e) provide adequate protective and safety gears to personnel involved in handling of hazardous waste; (f) provide safe and secure seating facilities for personnel involved in vehicles used for collection of waste; (g) provide basic training and information to personnel involved in the collection and handling of the hazardous waste at the waste transfer station; (h) ensure that the waste (i) is stored properly; (ii) is not exposed to direct sunlight, rain and wind; and (iii) which is waste oil and other liquid hazardous waste is stored in closed containers; Cap.297 (i) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (j) ensure that the waste is transported in a transport facility that is covered or a closed container at all times depending on the type of waste; (k) provide biannual reports of the conduct of the collection activity to the Council; Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 21 (l) submit a Tracking Form in Form No. 5 prescribed in the Fifth Schedule to these Regulations, to the Council immediately upon completion of the collection operation; and (m) comply with any condition which the Minister may impose. Application requirements for permit to store hazardous waste 26.-(1) Subject to regulation 16(2), a person who intends to store hazardous waste shall submit to the Council the following attachments (a) Environmental Impact Assessment (EIA) or Environmental Audit Certificate; (b) inspection report of the storage facility or site conducted by the Council; (c) business licence; (d) Certificate of Incorporation and Memorandum and Articles of Association where the applicant is a company; (e) Tax Identification Number (TIN) certificate; (f) business or company profile; (g) Emergency Response Plan; (h) any relevant permit from other Authorities; (i) upon renewal, a medical report of fitness for personnel involved in storage of waste in accordance with the Occupational Safety and Health Act, and Tracking Form Form No. 5 prescribed in the Fifth Schedule; (j) proof of payment of application fee; and (k) any other documents which the Council may require according to law. (2) Where the requirements for application under sub- regulation (1) have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for storage of hazardous waste 27. Suject to regulation 26, the Minister may issue a permit for storage of hazardous waste in Form No. 2 prescribed in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to store hazardous waste without causing significant damage to public health and the environment. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 22 Conditions for a permit to store hazardous waste 28. A person issued with a permit to store hazardous waste shall (a) provide biannual reports of the conduct of the storage activity; (b) use an appropriate storage facility or site; (c) where handling liquid hazardous waste, use closed containers of not less than twenty litres for packaging; (d) ensure that storage facility is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (e) ensure that the storage facility is affixed with all necessary licences and permits from other relevant Authorities at all times; (f) provide adequate protective and safety gears to personnel involved in handling the hazardous waste at the storage facility; (g) ensure the waste (i) is stored properly (ii) is not exposed to direct sunlight, rain and wind; and (iii) which is waste oil and other liquid hazardous waste should be stored in closed containers; (h) provide annual medical check-up in accordance with the Occupational Safety and Health Act and submit medical report of fitness to the Council; (i) provide basic training to staff on safe waste storage and handling of emergency cases or accidents; (j) avoid underground storage tanks and underground piping of hazardous waste, where possible; (k) ensure that during storage, height of stacked containers should be limited to ensure safety; Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 23 (l) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to these Regulations, to the Council immediately upon completion of the storage operation; and (m) comply with any condition which the Minister may impose. Application requirements for permit to transport hazardous waste 29.-(1) Subject to regulation 16(2), a person who intends to transport hazardous waste shall submit to the Council the following attachments (a) business licence; (b) Certificate of incorporation and Memorandum and Article of Associations in case of company; (c) Taxpayer Identification Number (TIN) certificate; (d) business or company profile; (e) details on the mode of transportation and specifications; (f) inspection report conducted by the Council; (g) upon renewal, Tracking Form in Form No. 5 prescribed in the Fifth Schedule and a medical report of fitness for personnel involved in transportation of waste; (h) proof of payment of application fee; and (i) any other document which the Council may require according to law. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Council shall (a) direct the Applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for transportation of hazardous waste 30. Subject to Regulation 29, the Minister may issue a permit for transportation of hazardous waste in Form No. 2 prescribed in the Fifth Schedule where he is satisfied that the applicant has adequate and appropriate facilities and equipment to transport hazardous waste without causing significant damage to public health and the Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 24 environment. Conditions for permit to transport hazardous waste 31. A person who has been granted a permit to transport hazardous waste shall (a) use of appropriate means of transport taking into account the type of hazardous waste in order to avoid the waste spreading or noxious releases during transportation; (b) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste carried; (c) ensure that at all times the waste consignment is accompanied by certified copy of transportation permit of hazardous waste, copy of the Tracking form and all necessary transport documents together with permits and licences from other authorities; (d) use the shortest routes or routes presenting the lowest risk for the public and environment; (e) provide adequate protective and safety gears to personnel involved in handling the hazardous waste; (f) provide safe and secure seating facilities in the cabin for personnel involved during transportation of hazardous waste; (g) ensure the waste is transported in a covered transport facility or closed container at all times depending on the type of waste ; (h) provide annual medical check-up and submit medical report of fitness to the Council; (i) provide basic training to staff on safe waste transport and handling of emergency cases or accidents; (j) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to the Council upon completion of the collection operations; and (k) comply with any condition which the Minister may impose. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 25 Labelling of vehicle or other means of conveyance 32. A motor vehicle or other means of conveyance that has been permited to transport hazardous waste shall be labelled at the back and on both sides with the warning or caution statements in accordance with international requirements approved by the Council including (a) the words “WARNING” or “CAUTION”; (b) the words “DANGER! Keep away from unauthorized persons”; (c) the words “POISON” marked indelibly in red or white background; and (d) a pictogram of a skull and crossbones. Application requirements for permit to own or operate a plant or facility or site 33.-(1) Subject to regulation 16(3), a person who intends to own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste shall submit to the Council the following attachments: (a) Environmental Impact Assessment (EIA) of Environmental Audit Certificate (b) business licence; (c) Certificate of Incorporation and Memorandum and Articles of Association, in case of a company; (d) Taxpayer Identification Number (TIN) certificate ; (e) business or company profile; (f) proof of land ownership or lease agreement and land use plan; (g) energy plan of the treatment plant, disposal facility or site; (h) detailed description of the treatment plant disposal facility or site; (i) relevant permits from other Authorities; (j) Emergency Response Plan; (k) inspection report of the plant or site conducted by the Council; (l) upon renewal, Tracking Document in Form No. 5 prescribed in the Fifth Schedule and a medical report of fitness for personnel involved Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 26 in transportation of waste; (m) proof of payment of application fees; and (n) any other document which the Council may require according to law. (2) Where the Council has received an application made pursuant to this regulation and is satisfied that all requirements have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit to own or operate plant or facility or site 34. Subject to regulation 33, the Minister may issue a permit to own or operate a plant or facility or site for treatment, recovery, recycling, reuse, or disposal of hazardous waste in Form No. 4 prescribed in the Fourth Schedule where he is satisfied that the operation of the plant, facility or site is conducted in a relevant zoned site and in an environmentally sound manner. Conditions for permit to own or operate plant or facility or site 35. A person who has been granted a permit on own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste shall (a) ensure that the treatment plant, disposal facility or site operation is conducted in a relevant zoned site; (b) ensure that treatment plant, disposal facility or site is labeled with appropriate and visible hazard and safety signs, provided with First Aid kit and fire extinguisher; (c) ensure that treatment or disposal of appropriate type of hazardous waste is compatible with the treatment plant or disposal facility or site; (d) ensure that there is proper handling and management of the treatment or disposal and in a manner that does not pose risk to the public and environment; (e) provide adequate protective and safety gears to personnel involved in handling the hazardous waste; Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 27 (f) ensure the waste is stored properly and is not exposed to direct sunlight, rain and wind prior to the treatment or disposal operation; (g) carry out an annual audit of the environmental performance of the plant, facility or site and submit a report to the Council; (h) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (i) provide basic training to staff involve in handling and disposal of hazardous waste; (j) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to the Council upon completion of the treatment operation; and (k) comply with any condition which the Minister may impose. Validity of permit for in country movement of hazardous waste 36.-(1) A permit issued under this Part shall be valid for three years and may, upon application, be renewed by the Minister: Provided that, the permit holder shall pay annual inspection fee. (2) Notwithstanding the provisions of subreguration (1), the Minister may limit the validity of a permit issued under this regulation to a specific number of transactions. Offences relating to in country movement of hazardous waste 37. Any person who deals with (a) collection of hazardous waste; (b) storage of hazardous waste; (c) transportation of hazardous waste; (d) collection and transportation up to five tonnes of hazardous waste; (e) collection and transportation up to one thousand litres of hazardous waste; (f) owning or operating facility, plant or site for treatment, recycling, reuse, recovery or disposal of hazardous waste without a permit issued under these Regulations, Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 28 commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both. PART VI TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE Focal point and competent authority 38.-(1) The Director shall be the Focal Point and Competent Authority for the operation of the Prior Informed Consent procedure for the export, transit or other transboundary movement of hazardous waste in accordance with the provisions of the Basel Convention, 1989. (2) The Director shall closely liase with the designated national authorities of other states under any international convention or arrangement to which the United Republic is a party. (3) The Director shall disseminate information on management of hazardous waste to the public. Application requirements for export permit of hazardous waste 39.-(1) A person who intends to export hazardous waste shall fill in triplicate Notification Document in Form 6 and Movement Document in Form 7 prescribed in the Fifth Schedule to these Regulations and submit it to the Council with the following attachments (a) a contract between the exporter and the importer specifying environmentally sound management of the wastes in question; (b) a permit for collection or storage of hazardous waste or proof of acquisition of hazardous waste from a person with a permit to collect and store hazardous waste issued under these Regulations; (c) schedule of intended shipment of the hazardous waste; (d) a proof of payment of application fees; and (e) any other document as may be required by the competent authority. (2) Upon satisfaction that the requirements of the subregulation (1) have been complied with, the Director shall notify the competent authority of the country of import and the country of transit if any, for consent. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 29 (3) Upon receipt of the consent from the competent authority of the country of import or transit, the Council shall cause the inspection of the consignment to be exported and thereafter require the applicant to pay the export charges. Export permit 40. Where the procedure under regulation 39 has been completed, the Minister shall issue a hazardous waste export permit in Form No. 8 as prescribed in the Fifth Schedule. Conditions for export permit of hazardous waste 41. A person issued with an export permit shall ensure that (a) the export cargo only pass through the customs point of exit in accordance with the schedule of shipments declared in the Movement Document; (b) the export cargo is packaged in accordance with international requirements approved by the Council; (c) the export cargo is labeled in accordance with international requirements approved by the Council; (d) the export cargo is not transported by inland waters except where it is generated from islands within the territorial jurisdiction of Tanzania; and (e) the export permit is surrendered to the Custom Authorities at the point of exit. Restricted importation of hazardous waste 42.-(1) Subject to Bamako Convention, 1991, no person shall import hazardous waste into the United Republic. (2) Without prejudice to the provisions of sub regulation (1), the Minister after consultation with other relevant Ministries and for public interest, may allow the importation of hazardous waste into the United Republic. Application requirement s for import 43. The State of export shall notify the Minister through the Director by submitting Notification Document in Form 6 and Movement Document in Form Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 30 permit of hazardous waste 7 a s presribed in the Fifth Schedule, attached with the following (a) a contract between Exporter and Importer specifying environmentally sound management of the wastes in question; (b) a schedule of intended shipment of the hazardous waste; (c) Certificate of incorporation; (d) Taxpayer Identification Number; (e) Business licence; (f) Company profile; (g) proof that the hazardous waste is generated from the State of Export; (h) proof of payment of application fees; and (i) any other document as may be required by the competent authority. Import permit of hazardous waste 44. Upon receiving the notification from the c o mp e te n t authorities of the state of export, and being dully satisfied by the advice of the Director, the Minister may issue consent through the movement document; and import permit in Form No. 9 prescribed in the Fifth Schedule. Conditions for import permit of hazardous waste 45. A person who has been granted an import permit shall ensure that (a) the imported cargo of hazardous waste is transported from the point of entry to the final destination using valid transport permit for hazardous waste issued under these Regulations; (b) the import cargo shall be packaged in accordance with international requirements approved by the Council; (c) the import cargo shall be labeled in accordance with international requirements approved by the Council; (d) import cargo shall not be transported by inland waters save for hazardous waste generated from islands within the territorial jurisdiction of Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 31 Tanzania; (e) he holds other relevant permits from other authorities; and (f) any condition which the Minister may impose is complied with. Application requirements for transit permit of hazardous waste 46. The State of Export shall notify the Minister through the Director by submitting dulty filled Notification Document in Form 6 and Movement Document in Form 7 both prescribed in the Fifth Schedule, with the following attachments: (a) a contract between exporter anmd iporter specifying environmentally sound management of the wastes in question; (b) a schedule of intended shipment of the hazardous waste; (c) Emergency Response Plan; and (d) any other document as may be required by the competent authority. Transit permit of hazardous waste 47. Where the Minister receives a notification from the competent authorities of the State of Export and the consent from the State of Import, and being duly satisfied by the advice of the Director, the Minister shall issue the consent through the Movement Document; and transit permit in Form No. 10 prescribed in the Fifth Schedule. Conditions for transit permit of hazardous waste 48.-(1) A person who has been granted a transit permit shall ensure that: (a) transit cargo that passes through the United Republic shall not be unloaded for repackaging; (b) transit cargo shall only be transported through the customs point of entry and exit stipulated in the declared schedule of shipments; (c) the permit is surrendered to the Custom Authorities at the point of exit; (d) transit cargo shall not be transported by inland waters; (e) transit cargo shall be packaged in accordance with international requirements approved by the Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 32 Council; (f) transit cargo shall be labeled in accordance with international requirements approved by the Council; and (g) he shall cover escort expenses for the transit cargo. (2) Subject to subregulation (1)(g), the Director shall determine the escort charges of the transit cargo. Notification to Commissione r of Customs and Exports Controller 49.-(1) The Council shall submit to the Commissioner of Customs a copy of the permits for import, export and transit of hazardous waste together with the Notification Document and Movement Document. (2) The Council shall submit to the Exports Controller a copy of the permits for export of hazardous waste together with the Notification Document and Movement Document. Validity of permits for transboundar y movement of hazardous waste 50. Any permit for transboundary movement of hazardous waste issued under these Regulations shall relate to the specific transaction and shall not be valid for any subsequent transaction. Illegal traffic of hazardous waste 51.-(1) For the purpose of these Regulations, any transboundary movement of hazardous waste or other waste (a) without notification to all States concerned; (b) without the consent of a State concerned; (c) with consent obtained from a State concerned through falsification, misrepresentation or fraud; (d) that does not conform in a material way with the documents; or (e) that results in deliberate disposal including dumping of hazardous waste or other waste in contravention of these Regulations and of general principles of international law, shall be deemed to be illegal traffic of hazardous waste. (2) Any illegal traffic of hazardous waste shall be taken back to the State of Export by the exporter, the generator or, where necessary, by itself into the State of Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 33 Export. (3) Notwithstanding t h e provisions of sub regulation (2), any person who contravenes this regulation commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both. PART VII HEALTH CARE WASTE Segregation of health care waste 52. A person who generates health care waste shall at the point of generation and at all stages thereafter segregate the waste in accordance wi th the categories provided under the Sixth Schedule. Securing and packaging of health care waste 53. Health care waste shall be securely packaged in containers approved by the Ministry responsible for health which shall be labelled with symbols and colour codes set out in Seventh Schedule. Treatment of health care waste 54. A person who generates health care waste shall treat or cause to be treated all health care waste in the manner set out in the Eighth Schedule, before such health care waste is stored or disposed of. Storage of health care waste 55. Storage of health care waste shall be in accordance with relevant law governing the operation of health care facilities. Transportatio n of health care waste 56. A person shall not transport health care waste without a permit issued by the Ministry responsible for health or the relevant local government authority. Transfer stations 57. The provisions of these Regulations relating to storage and transportation of health care waste shall apply to owners or operators of transfer stations. Monitoring 58.-(1) The responsible department or unit in the Ministry responsible for health shall monitor the Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 34 management of all health care waste to ensure such health waste is managed in a manner that may not adversely affect the environment and human health. (2) Nothwithstanding the provision of subregulation (1), the Council shall ensure compliance of these Regulations in the management of health care waste. PART VIII PESTICIDES, RADIOACTIVE AND CHEMICAL WASTE Management of pesticides waste Caps. 133, 161, 319 and 99 59. The management of pesticides waste shall be in accordance with the Plant Protection Act, the Tanzania Pesticides Research Institute Act, the Veterinary Act and the Public Health Act. Management of radioactive waste 60.-(1) Management of radioactive waste shall be conducted at designated sites or facilities in manner approved by the Tanzania Atomic Energy Agency. Cap. 188 (2) The Atomic Energy Act and Regulations made thereunder shall apply in relation to the classification, registrations, labelling, packaging, transportation, importation, exportations, waste disposal and health and safety requirements with regard to radioactive waste. Management of industrial, consumer and chemical waste Cap.182 61. Subject to the provisions of the Act, the management of industrial and consumer and chemical waste shall be conducted at designated sites or plant in accordance with the Industrial and Consumer Chemicals (Management and Control) Act. PART IX COMPLIANCE AND ENFORCEMENT Powers of Environmenta l Inspectors to serve prevention orders 62.-(1) Where the Council or an Environmental Inspector or an officer of the Council has reasonable grounds to believe that, a person is or will be conducting an activity, or is or will be in possession or control of substances or anything that may result in violation of the provisions of these Regulations, he may serve a prevention order on that person. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 35 (2) A person on whom a prevention order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, that person shall comply with the order immediately. (3) A person who contravenes a prevention order commits an offence and shall on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence is continued. Power to serve compliance orders 63.-(1) Where an Environmental Inspector has reasonable grounds to believe that any condition of a permit issued under these Regulations has been breached, he may serve a compliance order requiring that person to remedy the breach within a reasonable period stipulated in the order. (2) A person on whom a compliance order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, that person shall comply with the order immediately. (3) person who contravenes a compliance order commits an offence and shall on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence is continued. Cancellation of permit 64. The Minister may suspend or revoke a permit issued under these Regulations where he is satisfied that (a) the conditions of the grant of the permit have not Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 36 been complied with; (b) the continued operation of the activity is or is likely to be injurious to the environment and human health; (c) the activities are against the public interest; or (d) there was misrepresentation of information in the application process. PART X GENERAL PROVISIONS Duty to keep records 65. A permit holder under these Regulations shall (a) keep record of permited activity and all transactions related to it in Form No. 11 prescribed in the Fifth Schedule; and (b) submit the record made under this regulation to the Council at interval of six months. Reporting procedures 66.-(1) A person permitted to carry out any activity under these Regulations shall submit bi-annual reports on the conduct of the permitted activity to the Council in the manner set out in Form No. 12 prescribed in the Fifth Schedule. (2) Where special reporting procedures are made the condition of a permit granted under these Regulations, those procedures shall take precedence over the submission of bi-annual reports. Liability 67. Where any damage is caused by hazardous waste which has been deposited into the environment, a person who deposited, caused or permitted a waste to be deposited, is liable for the damage to the environment and human health. Insurance 68.-(1) The Director may, in a fitting case, require an applicant for a permit to subscribe to an insurance policy covering the risks likely to arise out of the activity for which the permit is required. (2) Without prejudice to sub-regulation (2), an importer, exporter and transporter of hazardous waste shall Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 37 subscribe to an insurance policy to cover risks likely to be caused to the environment and human health. Non transferability of permit 69. A permit issued under these Regulations shall not be transferable. Self environmenta l audit 70. The owner or operator of a hazardous waste treatment plant, recycling, recovery, reuse or disposal facility or site shall carry out annual self-environmental audit of the environmental performance of the plant or facility or site and shall submit a report to the Council. Disposal of hazardous waste for generator of waste 71. Any person who generates hazardous waste shall ensure that the hazardous waste generated is (a) disposed in environmentally sound manner; or (b) taken by persons with collection and transportation permits issued under these Regulations. Offences and penalties 72. Any person who contravenes these Regulations commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both. Register 73. The Council shall maintain a register of all permits issued under these Regulations. Appeals 74. A person aggrieved by any decision made under these Regulations may appeal in accordance with the provisions of the Act. Revocation of GN No. 676 of 2019 75. The Environmental Management (Hazardous Waste Control and Management) Regulations, 2019 are hereby revoked. SCHEDULES Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 38 FIRST SCHEDULE (Made under Regulation 12) WASTES STREAMS This schedule list the categories of wastes to be controlled under these Regulations, including both specific waste categories (Y1 to Y18) and wastes having specific constituents (Y19 to Y45). Y1 Clinical wastes from medical care in hospitals, medical centers and clinics Y2 Wastes from the production and preparation of pharmaceutical products Y3 Waste pharmaceuticals, drugs and medicines Y4 Wastes from the production, formulation and use of biocides and phytopharmaceuticals Y5 Wastes from the manufacture, formulation and use of wood preserving chemicals Y6 Wastes from the production, formulation and use of organic solvents Y7 Wastes from heat treatment and tempering operations containing cyanides Y8 Waste mineral oils unfit for their originally intended use Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions Y10 Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment Y12 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish Y13 Waste from production, formulation and use of resins, latex, plasticizers, glues/adhesives Y14 Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known Y15 Wastes of an explosive nature not subject to other legislation Y16 Wastes from production, formulation and use of photographic chemicals and processing materials Y17 Wastes resulting from surface treatment of metals and plastics Y18 Residues arising from industrial waste disposal operations Wastes having as constituents: Y19 Metal carbonyls Y20 Beryllium; beryllium compounds Y21 Hexavalent chromium compounds Y22 Copper compounds Y23 Zinc compounds Y24 Arsenic; arsenic compounds Y25 Selenium; selenium compounds Y26 Cadmium; cadmium compounds Y27 Antimony; antimony compounds Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 39 Y28 Tellurium; tellurium compounds Y29 Mercury; mercury compounds Y30 Thallium; thallium compounds Y31 Lead; lead compounds Y32 Inorganic fluorine compounds excluding calcium fluoride Y33 Inorganic cyanides Y34 Acidic solutions or acids in solid form Y35 Basic solutions or bases in solid form Y36 Asbestos (dust and fibres) Y37 Organic phosphorus compounds Y38 Organic cyanides Y39 Phenols; phenol compounds including chlorophenols Y40 Ethers Y41 Halogenated organic solvents Y42 Organic solvents excluding halogenated solvents Y43 Any congenor of polychlorinated dibenzo-furan Y44 Any congenor of polychlorinated dibenzo-p-dioxin Y45 Organohalogen compounds other than substances referred to in this Annex (e.g. Y39, Y41, Y42, Y43, Y44) CATEGORIES OF WASTES REQUIRING SPECIAL CONSIDERATION Y46 Wastes collected from households Y47 Residues arising from the incineration of household wastes Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 40 SECOND SCHEDULE (Made under Regulation 12) A1 Metal and metal-bearing wastes A1010 Metal wastes and waste consisting of alloys of any of the following:  Antimony  Arsenic  Beryllium  Cadmium  Lead  Mercury  Selenium  Tellurium  Thallium but excluding such wastes specifically listed on list B. A1020 Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following:  Antimony; antimony compounds  Beryllium; beryllium compounds  Cadmium; cadmium compounds  Lead; lead compounds  Selenium; selenium compounds  Tellurium; tellurium compounds A1030 Wastes having as constituents or contaminants any of the following:  Arsenic; arsenic compounds  Mercury; mercury compounds  Thallium; thallium compounds A1040 Wastes having as constituents any of the following:  Metal carbonyls  Hexavalent chromium compounds A1050 Galvanic sludges A1060 Waste liquors from the pickling of metals A1070 Leaching residues from zinc processing, dust and sludge such as jarosite, hematite, etc. A1080 Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit Annex III characteristics A1090 Ashes from the incineration of insulated copper wire A1100 Dusts and residues from gas cleaning systems of copper smelters A1110 Spent electrolytic solutions from copper electro refining and electro winning operations A1120 Waste sludge, excluding anode slimes, from electrolyte purification systems in copper electrorefining and electrowinning operations A1130 Spent etching solutions containing dissolved copper A1140 Waste cupric chloride and copper cyanide catalysts Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 41 A1150 Precious metal ash from incineration of printed circuit boards not included on list B A1160 Waste lead-acid batteries, whole or crushed A1170 Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing Annex I constituents to an extent to render them hazardous A1180 Waste electrical and electronic assemblies or scrap1 containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode-ray tubes and other activated glass and PCB capacitors, or contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B B1110)2 A1190 Waste metal cables coated or insulated with plastics containing or contaminated with coal tar, PCB3, lead, cadmium, other organohalogen compounds or other Annex I constituents to an extent that they exhibit Annex III characteristics. A2 Wastes containing principally inorganic constituents, which may contain metals and organic materials A2010 Glass waste from cathode-ray tubes and other activated glasses A2020 Waste inorganic fluorine compounds in the form of liquids or sludge but excluding such wastes specified on list B A2030 Waste catalysts but excluding such wastes specified on list B A2040 Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on list B B2080) A2050 Waste asbestos (dusts and fibres) A2060 Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on list B B2050) A3 Wastes containing principally organic constituents, which may contain metals and inorganic materials A3010 Waste from the production or processing of petroleum coke and bitumen A3020 Waste mineral oils unfit for their originally intended use A3030 Wastes that contain, consist of or are contaminated with leaded anti Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 42 knock compound sludge A3040 Waste thermal (heat transfer) fluids A3050 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes specified on list B (note the related entry on list B B4020) A3060 Waste nitrocellulose A3070 Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludge A3080 Waste ethers not including those specified on list B A3090 Waste leather dust, ash, sludge and flours when containing hexavalent chromium compounds or biocides (note the related entry on list B B3100) A3100 Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides (note the related entry on list B B3090) A3110 Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list B B3110) A3120 Fluff - light fraction from shredding A3130 Waste organic phosphorous compounds A3140 Waste non-halogenated organic solvents but excluding such wastes specified on list B A3150 Waste halogenated organic solvents A3160 Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations A3170 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin) A3180 Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more4 A3190 Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials A3200 Bituminous material (asphalt waste) from road construction and maintenance, containing tar (note the related entry on list B, B2130) A4 Wastes which may contain either inorganic or organic constituents A4010 Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes specified on list B A4020 Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 43 A4030 Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides which are off-specification, outdated,5 or unfit for their originally intended use A4040 Wastes from the manufacture, formulation and use of wood-preserving chemicals6 A4050 Wastes that contain, consist of or are contaminated with any of the following:  Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic cyanides  Organic cyanides A4060 Waste oils/water, hydrocarbons/water mixtures, emulsions A4070 Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list B (note the related entry on list B B4010) A4080 Wastes of an explosive nature (but excluding such wastes specified on list B) A4090 Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related entry on list B B2120) A4100 Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes specified on list B A4110 Wastes that contain, consist of or are contaminated with any of the following:  Any congenor of polychlorinated dibenzo-furan  Any congenor of polychlorinated dibenzo-dioxin A4120 Wastes that contain, consist of or are contaminated with peroxides A4130 Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III hazard characteristics A4140 Waste consisting of or containing off specification or outdated7 chemicals corresponding to Annex I categories and exhibiting Annex III hazard characteristics A4150 Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known A4160 Spent activated carbon not included on list B (note the related entry on list B B2060) 5 “Outdated” means unused within the period recommended by the manufacturer. 6 This entry does not include wood treated with wood preserving chemicals. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 44 THIRD SCHEDULE (Made under Regulation 12) B1 Metal and metal-bearing wastes B1010 Metal and metal-alloy wastes in metallic, non-dispersible form:  Precious metals (gold, silver, the platinum group, but not mercury)  Iron and steel scrap  Copper scrap  Nickel scrap  Aluminium scrap  Zinc scrap  Tin scrap  Tungsten scrap  Molybdenum scrap  Tantalum scrap  Magnesium scrap  Cobalt scrap  Bismuth scrap  Titanium scrap  Zirconium scrap  Manganese scrap  Germanium scrap  Vanadium scrap  Scrap of hafnium, indium, niobium, rhenium and gallium  Thorium scrap  Rare earths scrap  Chromium scrap B1020 Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc), of:  Antimony scrap  Beryllium scrap  Cadmium scrap  Lead scrap (but excluding lead-acid batteries)  Selenium scrap  Tellurium scrap B1030 Refractory metals containing residues B1031 Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder), excluding such wastes as specified in list A under entry A1050, Galvanic sludge B1040 Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous B1050 Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics8 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 45 B1060 Waste selenium and tellurium in metallic elemental form including powder B1070 Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they exhibit Annex III characteristics B1080 Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics or exhibiting hazard characteristic H4.39 B1090 Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury B1100 Metal-bearing wastes arising from melting, smelting and refining of metals:  Hard zinc spelter  Zinc-containing drosses: ­ Galvanizing slab zinc top dross (>90% Zn) ­ Galvanizing slab zinc bottom dross (>92% Zn) ­ Zinc die casting dross (>85% Zn) ­ Hot dip galvanizers slab zinc dross (batch)(>92% Zn) ­ Zinc skimmings  Aluminium skimmings (or skims) excluding salt slag  Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an extent that they exhibit Annex III hazard characteristics  Wastes of refractory linings, including crucibles, originating from copper smelting  Slags from precious metals processing for further refining  Tantalum-bearing tin slags with less than 0.5% tin B1110 Electrical and electronic assemblies:  Electronic assemblies consisting only of metals or alloys  Waste electrical and electronic assemblies or scrap10 (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or not contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A A1180)  Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse,11 and not for recycling or final disposal12 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 46 B1115 Waste metal cables coated or insulated with plastics, not included in list A1190, excluding those destined for Annex IVA operations or any other disposal operations involving, at any stage, uncontrolled thermal processes, such as open-burning. B1120 Spent catalysts excluding liquids used as catalysts, containing any of: Transition metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A: Scandium Vanadium Manganese Cobalt Copper Yttrium Niobium Hafnium Tungsten Titanium Chromium Iron Nickel Zinc Zirconium Molybdenum Tantalum Rhenium Lanthanides (rare earth metals): Lanthanum Praseodymium Samarium Gadolinium Dysprosium Erbium Ytterbium Cerium Neody Europium Terbium Holmium Thulium Lutetium B1130 Cleaned spent precious-metal-bearing catalysts B1140 Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides B1150 Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid form with appropriate packaging and labelling B1160 Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A A1150) B1170 Precious-metal ash from the incineration of photographic film B1180 Waste photographic film containing silver halides and metallic silver B1190 Waste photographic paper containing silver halides and metallic silver B1200 Granulated slag arising from the manufacture of iron and steel B1210 Slag arising from the manufacture of iron and steel including slags as a source of TiO2 and vanadium B1220 Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g., DIN 4301) mainly for construction B1230 Mill scaling arising from the manufacture of iron and steel B1240 Copper oxide mill-scale B1250 Waste end-of-life motor vehicles, containing neither liquids nor other hazardous components B2 Wastes containing principally inorganic constituents, which may contain metals and organic materials B2010 Wastes from mining operations in non-dispersible form:  Natural graphite waste  Slate waste, whether or not roughly trimmed or merely cut, by Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 47 sawing or otherwise  Mica waste  Leucite, nepheline and nepheline syenite waste  Feldspar waste  Fluorspar waste  Silica wastes in solid form excluding those used in foundry operations B2020 Glass waste in non-dispersible form:  Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses B2030 Ceramic wastes in non-dispersible form:  Cermet wastes and scrap (metal ceramic composites)  Ceramic based fibres not elsewhere specified or included B2040 Other wastes containing principally inorganic constituents:  Partially refined calcium sulphate produced from flue-gas desulphurization (FGD)  Waste gypsum wallboard or plasterboard arising from the demolition of buildings  Slag from copper production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g., DIN 4301 and DIN 8201) mainly for construction and abrasive applications  Sulphur in solid form  Limestone from the production of calcium cyanamide (having a pH less than 9)  Sodium, potassium, calcium chlorides  Carborundum (silicon carbide)  Broken concrete  Lithium-tantalum and lithium-niobium containing glass scraps B2050 Coal-fired power plant fly-ash, not included on list A (note the related entry on list A A2060) B2060 Spent activated carbon not containing any Annex I constituents to an extent they exhibit Annex III characteristics, for example, carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list A, A4160) B2070 Calcium fluoride sludge B2080 Waste gypsum arising from chemical industry processes not included on list A (note the related entry on list A A2040) B2090 Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry) B2100 Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials used for gas cleaning, flocculation or filtration processes B2110 Bauxite residue (“red mud”) (pH moderated to less than 11.5) B2120 Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A A4090) B2130 Bituminous material (asphalt waste) from road construction and maintenance, not containing tar13 (note the related entry on list A, A3200) 13 The concentration level of Benzol (a) pyrene should not be 50mg/kg or more. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 48 B3 Wastes containing principally organic constituents, which may contain metals and inorganic materials B3010 Solid plastic waste: The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification: • Scrap plastic of non-halogenated polymers and co-polymers, including but not limited to the following14 ethylene styrene polypropylene polyethylene terephthalate acrylonitrile butadiene polyacetals polyamides polybutylene terephthalate polycarbonates polyethers polyphenylene sulphides acrylic polymers alkanes C10-C13 (plasticiser) polyurethane (not containing CFCs) polysiloxanes polymethyl methacrylate polyvinyl alcohol polyvinyl butyral polyvinyl acetate • Cured waste resins or condensation products including the following: urea formaldehyde resins phenol formaldehyde resins melamine formaldehyde resins epoxy resins alkyd resins polyamides • The following fluorinated polymer wastes15 perfluoroethylene/propylene (FEP) perfluoro alkoxyl alkane tetrafluoroethylene/per fluoro vinyl ether (PFA) tetrafluoroethylene/per fluoro methylvinyl ether (MFA) polyvinylfluoride (PVF) polyvinylidenefluoride (PVDF) B3020 Paper, paperboard and paper product wastes 14 It is understood that such scraps are completely polymerized. 15 Post-consumer wastes are excluded from this entry: Wastes shall not be mixed Problems arising from open-burning practices to be considered Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 49 The following materials, provided they are not mixed with hazardous wastes: Waste and scrap of paper or paperboard of: • unbleached paper or paperboard or of corrugated paper or paperboard • other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass • paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) • other, including but not limited to 1) laminated paperboard 2) unsorted scrap B3030 Textile wastes The following materials, provided they are not mixed with other wastes and are prepared to a specification: • Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) not carded or combed other • Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock noils of wool or of fine animal hair other waste of wool or of fine animal hair waste of coarse animal hair • Cotton waste (including yarn waste and garnetted stock) yarn waste (including thread waste) garnetted stock other • Flax tow and waste • Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.) • Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie) • Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave • Tow, noils and waste (including yarn waste and garnetted stock) of coconut • Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee) • Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not elsewhere specified or included • Waste (including noils, yarn waste and garnetted stock) of man-made fibres of synthetic fibres of artificial fibres • Worn clothing and other worn textile articles • Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials sorted Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 50 other B3035 Waste textile floor coverings, carpets B3040 Rubber wastes The following materials, provided they are not mixed with other wastes: • Waste and scrap of hard rubber (e.g., ebonite) • Other rubber wastes (excluding such wastes specified elsewhere) B3050 Untreated cork and wood waste: • Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms • Cork waste: crushed, granulated or ground cork B3060 Wastes arising from agro-food industries provided it is not infectious: • Wine lees • Dried and sterilized vegetable waste, residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included • Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes • Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised • Fish waste • Cocoa shells, husks, skins and other cocoa waste • Other wastes from the agro-food industry excluding by products which meet national and international requirements and standards for human or animal consumption B3065 Waste edible fats and oils of animal or vegetable origin (e.g. frying oils), provided they do not exhibit an Annex III characteristic B3070 The following wastes: • Waste of human hair • Waste straw • Deactivated fungus mycelium from penicillin production to be used as animal feed B3080 Waste parings and scrap of rubber B3090 Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A A3100) B3100 Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the related entry on list A A3090) B3110 Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list A A3110) B3120 Wastes consisting of food dyes B3130 Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides B3140 Waste pneumatic tyres, excluding those destined for Annex IVA operations Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 51 B4 Wastes which may contain either inorganic or organic constituents B4010 Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A A4070) B4020 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g., water-based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A A3050) B4030 Used single-use cameras, with batteries not included on list A Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 52 FOURTH SCHEDULE (Made under Regulation 12) LIST OF HAZARDOUS CHARACTERISTICS UN Class Code Characteristics 1 H1 Explosive An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. 3 H3 Flammable liquids The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5ºC, closed-cup test, or not more than 65.6ºC, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this definition.) 4.1 H4.1 Flammable solids Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. 4.2 H4.2 Substances or wastes liable to spontaneous combustion Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire. 4.3 H4.3 Substances or wastes which, in contact with water emit flammable gases Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. 5.1 H5.1 Oxidizing Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials. 5.2 H5.2 Organic Peroxides Organic substances or wastes which contain the bivalent-o-o structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. 6.1 H6.1 Poisonous (Acute) Substances or wastes liable either to cause death or serious injury or Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 53 to harm human health if swallowed or inhaled or by skin contact. 6.2 H6.2 Infectious substances Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans. 8 H8 Corrosives Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. 9 H10 Liberation of toxic gases in contact with air or water Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities. 9 H11 Toxic (Delayed or chronic) Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity. 9 H12 Ecotoxic Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. 9 H13 Capable, by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 54 FIFTH SCHEDULE FORMS (Made under regulation 16(1)) (To be completed in Triplicate) Form No. 1 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE APPLICATION/RENEWAL FOR A PERMIT FOR ………………OF HAZARDOUS WASTE* I hereby apply for a permit to collect/store/transport hazardous waste. The particulars of the application are given below: Name and physical address of Applicant…………................................………………… TIN Number …………………………............................................................................... Type of hazardous waste ...............................................…………………......................... Source of hazardous waste................................................................................................... Mode of hazardous waste collection....................................………………...................... Location(s) and size (in square meters) of the waste transfer storage facility, if any…....…..........……………............................ If handling liquid hazardous waste, specify type and size of containers to be used........... Collection schedule …………………………………………....................…………… Intended Recipient(s) of the hazardous waste …………………………………………… Any other relevant information………………………..........................…………………. Is Application for: Initial permit Renewal Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 55 Previous Permit Number ………………………..............................……………………………….......................... Date: ……………………….............….................. Signature: ………….....................…........…............................... Designation/Title: …………………………………….……………............................………......................... FOR OFFICIAL USE ONLY Application received by ………..................on ……………..........................20………… Application Fee paid Tsh……(in words)............................................................................ *Please fill the intended activity for which the permit is sought. This includes collection or storage or transportation of hazardous waste. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 56 Form No. 2 THE UNITED REPUBLIC OF TANZANIA THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PERMIT TO ………………………. HAZARDOUS WASTE* (Made under regulation 18, 21 and 24) Permit No...................……. This is to certify that ………………..................................……of P.O Box………....……………… has been granted a permit to collect................................................................…….(type of hazardous waste) in Mainland Tanzania. This permit is valid for a period of thirty six starting from ………………….to…………….. unless revoked or suspended. Terms and conditions for this permit are set out overleaf. Name…………………………. Signature……………….. Date……………………… Minister Responsible for Environment *Please fill the intended activity for which the permit is granted.This includes collection or storage or transportation of hazardous waste. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 57 Form No. 3 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE APPLICATION/RENEWAL FOR A PERMIT FOR OWNING, OPERATING PLANT, FACILITY OR SITE FOR HAZARDOUS WASTE (Made under regulation 16(3)) I hereby apply for a permit to own/operate treatment plant or disposal facility or site for hazardous waste. The particulars of the application are given below: Name and physical address of Applicant…………............................................................. TIN Number …………………………………………………………………………… Location and district of plant/facility/site………………………………………………… Approval of Town/Country Planning Authority………………………………………… Description of types of hazardous waste to be treated/disposed of a plant/facility/site……….. Capacity of the treatment or disposal facility per annum (tonnes)…….....……….....…… Type of treatment option to be used for: (a) Recovery and reclamation....……….....................................................……… (b) Recycling................................................................................................................ Type of hazardous waste disposal option: (a) Containment in impermeable layers.................................. ………………………… (b) Solidification .............................................................................................................. (c) Sanitary land filling ................................................................................................... (d) Land filling.................................................................................................................. (e) Decontamination....................................................................................................... (f) Incineration ………………………………….........................…..................................... Other (specify) ………………………......................................................………………… Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 58 Estimated life span of plant/site (include plan or designs)……................................................. Approved energy plan (dated) ..........................................................................(Attached copy) Executive summary of Environmental Impact Statement or Environmental Audit (please attach) Is Application for: Initial permit Renewal Previous Permit Number (for renewal) ……...........................................................…… E.I.A or Environmental Audit Certificate Number………............................…..............… Any other information …………….........................................………….........................… Date: ………………Signature:…....................................................……………………….. Designation/Title:……………..............……………………....................................…… FOR OFFICIAL USE ONLY Application received by ………………….......................................…………..on……............………….20……………. Fee paid TShs……………....……(in words) ………........................................................… *Please fill the intended activity for which the permit is sought.This includes treatment or recovery or re-use or recycling or disposal of hazardous waste. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 59 Form No. 4 THE UNITED REPUBLIC OF TANZANIA THE ENVIROMENMEANTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PERMIT TO OWN/OPERATE PLANT/FACILITY/SITE FOR HAZARDOUS WASTE (Made under regulation 34) Permit No...................……. This is to certify that ………………..................................……of P.O Box………....………………has been granted a permit to own/operate a plant/facility/site for..........................................................of hazardous waste at…………………..(Plot No., town, ward, district, region) in Mainland Tanzania. This permit is valid for a period of thirty six starting from ………………….to…………….. unless revoked or suspended. Terms and conditions for this permit are set out overleaf. Name………………….. Date……………………… Signature……………….. Minister Responsible for Environment *Please fill in the intended activity for which the permit is granted. This includes treatment or recovery or recycling or disposal of hazardous waste. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 60 Form No. 5 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 TRACKING DOCUMENT FOR TRANSPORT, TREATMENT, RECYCLING, REUSE, RECOVERY OR DISPOSAL OF HAZARDOUS WASTE (To be completed in Five Copies)* (Made under regulations 17(1)(e), 19(l), 20(1)(f), 22(l), 23(1)(f), 26(1)(i), 29(1)(g), 31(j) and 33 (l)) A Transporter (i) Name of holder of transport permit ............................ (ii) Transport Permit Number …………...... (iii) Municipality/District of operation................................... CONSIGNMENT NOTE FOR THE TRANSPORT AND TREATMENT/DISPOSAL OF HAZARDOUS WASTE B Description of the hazardous waste (i) Source of the hazardous waste....................................................... (ii) Location of generated hazardous waste………………………..... (iii) Type of hazardous waste............................................................... (iv) Quantity of hazardous waste......................................................... (v) Size and number of Containers, if any…….............................…. C Generator or Collector (i) Name of hazardous waste generator or collector………………. (ii) Physical location of hazardous waste generator or collector……… (iii) Name:......................................................................... (iv) Position:..................................................................... (v) Signature………………………………………… (vi) Date: .......................................................................... D Treatment, Recycling, Reuse, Recovery, Storage or Disposal Facility I certify that I have received ……………(quantity of hazardous waste) as described in A, B and C. The hazardous waste was delivered in vehicle or other means of transportation...................................................…...(Registration No.) at............................(time) on…..........…………….….(date) and the Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 61 Owner/Operator’s Certification carrier gave his/her name as…................……………...on behalf of collector or transporter..........…….............................................……… The hazardous waste shall be stored or treated or disposed as per Owner/Operator Permit No. or EIA/EA Certificate No....................... Name: ..................................................................................... Position:.................................................................................... Signature:................................................................................. Date: .................................................................................................. On behalf of (in case the Recipient is not the facility owner):….......... (In case the hazardous waste is to be delivered to another facility) I certify that I have received ……………(quantity of hazardous waste) as described in A, B and C. The hazardous waste was delivered in vehicle or other means of transportation...................................................…...(Registration No.) at............................(time) on…..........…………….….(date) and the carrier gave his/her name as…................……………...on behalf of collector or transporter..........…….............................................……… The hazardous waste shall be stored or treated or disposed as per Owner/Operator Permit No. or EIA/EA Certificate No....................... Name: ..................................................................................... Position:.................................................................................... Signature:................................................................................. Date: .................................................................................................. On behalf of (in case the Recipient is not the facility owner):….......... *Original (Yellow) – Director of Environment: Copy 1. (Pink) – Local Government Authority:Copy 2. (Blue) – Source of Hazardous Waste:Copy 3. (Green) – Recycler/Re – User/Disposer/Storer of Hazardous Waste: Copy 4. (Brown) - Transporter Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 62 Form No. 6 NOTIFICATION DOCUMENT (Made under regulation 39(1), 43 and 46) 1. Exporter - notifier Registration No: 3. Notification No: Name : Notification concerning Addre ss: A.(i ) Individual shipment:  (ii) Multiple shipments:  B.(i ) Disposal (1):  (ii) Recovery :  Contact person: C. Pre-consented recovery facility (2;3) Yes  No  Tel: Fax: 4. Total intended number of shipments: E mail: 5. Total intended quantity (4): 2. Importer - consignee Registration No: Tonnes (Mg): Name : m3: Addre ss: 6. Intended period of time for shipment(s) (4): First departure: Last departure: Contact person: 7. Packaging type(s) (5): Tel: Fax: Special handling requirements (6): Yes:  No:  E mail: 11. Disposal / recovery operation(s) (2) 8. Intended carrier(s) Registration No: D-code / R code (5): Name (7): Technology employed (6): Addre ss: Contact person: Reason for export (1;6): Tel: Fax: E mail: 12. Designation and composition of the waste (6): Means of transport (5): 9. Waste generator(s) - producer(s) (1;7;8) Registration No: Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 63 Nam e: Addre ss: 13. Physical characteristics (5): Contact person: Tel : Fax: 14. Waste identification (fill in relevant codes) E-mail: (i) Basel Annex VIII (or IX if applicable): Site and process of generation (6) (ii) OECD code (if different from (i)): (iii) EC list of wastes: 10. Disposal facility (2):  or recovery facility (2):  (iv) National code in country of export: Registratio n No: (v) National code in country of import: Name : (vi) Other (specify): Addres s: (vii) Y-code: (viii) H-code (5): Contact person: (ix) UN class (5): Tel: Fax : (x) UN Number: E-mail: (xi) UN Shipping name: Actual site of disposal/recovery: (xii) Customs code(s) (HS): 15. (a) Countries/States concerned, (b) Code no. of competent authorities where applicable, (c) Specific points of exit or entry (border crossing or port) State of export dispatch State(s) of transit (entry and exit) State of import destination (a) (b) (c) 16.Customs offices of entry and/or exit and/or export (European Community): Entr y: Exi t: Exp ort: 17. Exporter's - notifier's / generator's - producer's (1) declaration: I certify that the information is complete and correct to my best knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement. 18. Number of Exporter's - notifier's name: Date: Signatur e: annexes attached Generator's producer's name: Date: Signatur e: FOR USE BY COMPETENT AUTHORITIES Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 64 19. Acknowledgement from the relevant competent authority of countries of import - destination / transit (1) / export dispatch (9): 20. Written consent (1;8) to the movement provided by the competent authority of (country): Country : Consent given on: Notification received on: Consent valid from: until : Acknowledgement sent on: Specific conditions: No:  If Yes, see block 21 (6):  Name of competent authority: Name of competent authority: Stamp and/or signature: Stamp and/or signature: 21. Specific conditions on consenting to the movement document or reasons for objecting (1) Required by the Basel Convention (2) In the case of an R12/R13 or D13-D15 operation, also attach corresponding information on any subsequent R12/R13 or D13-D15 facilities and on the subsequent R1-R11 or D1-D12 facilit(y)ies when required (3) To be completed for movements within the OECD area and only if B(ii) applies (4) Attach detailed list if multiple shipments (5) See list of abbreviations and codes on the next page (6) Attach details if necessary (7) Attach list if more than one (8) If required by national legislation (9) If applicable under the OECD Decision Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 65 DISPOSAL OPERATIONS (block 11) D1 Deposit into or onto land, (e.g., landfill, etc.) D2 Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc.) D3 Deep injection, (e.g., injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.) D4 Surface impoundment, (e.g., placement of liquid or sludge discards into pits, ponds or lagoons, etc.) D5 Specially engineered landfill, (e.g., placement into lined discrete cells which are capped and isolated from one another and the environment, etc.) D6 Release into a water body except seas/oceans D7 Release into seas/oceans including sea-bed insertion D8 Biological treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations in this list D9 Physico-chemical treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations in this list (e.g., evaporation, drying, calcination, etc.) D10 Incineration on land D11 Incineration at sea D12 Permanent storage, (e.g., emplacement of containers in a mine, etc.) D13 Blending or mixing prior to submission to any of the operations in this list D14 Repackaging prior to submission to any of the operations in this list D15 Storage pending any of the operations in this list List of abbreviations and codes used in the notification document RECOVERY OPERATIONS (block 11) R1 Use as a fuel (other than in direct incineration) or other means to generate energy (Basel/OECD) Use principally as a fuel or other means to generate energy (EU) R2 Solvent reclamation/regeneration R3 Recycling/reclamation of organic substances which are not used as solvents R4 Recycling/reclamation of metals and metal compounds R5 Recycling/reclamation of other inorganic materials R6 Regeneration of acids or bases R7 Recovery of components used for pollution abatement R8 Recovery of components from catalysts R9 Used oil re-refining or other reuses of previously used oil R10 Land treatment resulting in benefit to agriculture or ecological improvement R11 Uses of residual materials obtained from any of the operations numbered R1-R10 R12 Exchange of wastes for submission to any of the operations numbered R1-R11 R13 Accumulation of material intended for any operation in this list. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 66 PACKAGING TYPES (block 7) 1. Drum 2. Wooden barrel 3. Jerrican 4. Box 5. Bag 6. Composite packaging 7. Pressure receptacle 8. Bulk 9. Other (specify) H-CODE AND UN CLASS (block 14) UN Class H-code Characteristics 1 H1 Explosive 3 H3 Flammable liquids 4.1 H4.1 Flammable solids 4.2 H4.2 Substances or wastes liable to spontaneous combustion 4.3 H4.3 Substances or wastes which, in contact with water, emit flammable gases 5.1 H5.1 Oxidizing 5.2 H5.2 Organic peroxides 6.1 H6.1 Poisonous (acute) 6.2 H6.2 Infectious substances 8 H8 Corrosives 9 H10 Liberation of toxic gases in contact with air or water 9 H11 Toxic (delayed or chronic) 9 H12 Ecotoxic 9 H13 Capable, by any means, after disposal of yielding another material, e. g., leachate, which possesses any of the characteristics listed above MEANS OF TRANSPORT (block 8) R = Road T = Train/rail S = Sea A = Air W = Inland waterways PHYSICAL CHARACTERISTICS (block 13) 1. Powdery/powder 2. Solid 3. Viscous/paste 4. Sludgy 5. Liquid 6. Gaseous 7. Other (specify) Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 67 Formno.7 MOVEMENT DOCUMENT (Made Under Regulation 39(1), 43 And 46) 1 i) Exporter (name, address) 3 Correspon ding to 4. Serial number Notificati on: of shipment Movement subject of (1) single notification Contact person: Tel: general notification Fax/T elex: 8. Disposal (name, address) 1 ii) Waste generator (name, address) (1) Contact person: Tel: Contact person: Tel: Fax/T elex: Fax/T elex: Actual site of disposal: Site of generation: 2. Importer (name, address) 9 . Method(s) of disposal: D code / R code (3): Technology Employed *: Contact person: Tel: Fax/T elex: *(Attach details if necessary) 5. 1st Carrier (name, address): 6 . 2nd Carrier (name, address) (4): 7. Last carrier (name, address): Registra tion No: Registrat ion No: Registrat ion No: T el: Fax/T elex: Te l: Fax/ Telex : Te l: Fax/T elex: 10. Identity of means of transport (3) 1 1 . Identity of means of transport (3) 1 2. Identity of means of transport (3) Date of transfer: Date of transfer: Date of transfer: Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 68 Signature of Carrier’s Representative Signature of Carrier’s Representative Signature of Carrier’s Representative 13. Designation and chemical composition of the waste 1 4. Physical characteristics (3) 1 7. Actual quantity 1 8. Packages (2) 15. Waste identification code kg Type: in country of export: IWIC: litr es Number: in country of import: EWC: 1 9. UN Classification Custom s code (H.S.): Other (specify): UN Shipping Name: 16. OECD Classification(1) UN Identification: amb er re d UN class (3): other and number H Number (3): Y Number: 20. Special handling instructions (including in 2 2. Exporter’s declaration: case of accidents) I certify that the information in blocks 1 to 9 and 13 to 21 above is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are in force covering the transboundary movement, and that all necessary authorizations have been received from the competent authorities of the States concerned. 21. Actual date of shipment Name Signature: Date: TO BE COMPLETED BY IMPORTER/DISPOSER 23. Shipment received by Importer on (if not Disposer): 2 5 . I certify that the disposal/recovery of the waste Quantity received: kg/litres accepted described above has been completed. Date: rejected(5 ) Name: Signature: Date: 24 Shipment received at Disposer on: Name: Quantity received: kg/litres accepted Signature and Stamp: Date: rejected(5 ) Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 69 Name: Signature: Approximate date of disposal: Method of disposal: (1) Attach list, if more than one (2) Enter X in appropriate boxes (3) See codes on the reversed in (4) If more than three carriers attach information as require blocks 6 and 11 (5) Immediately contact Competent Authority LIST OF ABBREVIATIONS USED IN THE MOVEMENT DOCUMENT DISPOSAL (NO RECOVERY) (Block 9) RECOVERY OPERATIONS (Block 9) D1 Deposit into or onto Land, (e.g., Landfill, etc.) R1 Use as a fuel (other than in direct incineration) or other means to D2 Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc...) generate energy D3 Deep Injection, (e.g., injection of pumpable discards into wells, salt domes or R2 Solvent reclamation/regeneration naturally occurring repositories, etc.) R3 Recycling/reclamation of organic substances which are not used as D4 Surface impoundment, (e.g., placement of liquid or sludge discards into pits, solvents ponds or lagoons, etc...) R4 Recycling/reclamation of metal compounds D5 Specially engineered landfill, (e.g., placement onto lined discrete cells which R5 Recycling/reclamation of other inorganic materials are capped and isolated from one another and the environment, etc...) R6 Regeneration of acid or bases D6 Release into water body except seas/oceans R7 Recovery of components from used for pollution abatement D7 Release into seas/oceans including sea bed insertion R8 Recovery of components from catalysts D8 Biological treatment not specified elsewhere in this list which results in final R9 Used oil re-refining or other reuses of previously used oil compounds or mixtures which are discarded by means of any operations R1 0 Land treatment resulting in benefit to agricultural or eco- logical number D1 to D12 improvement D9 Physico-chemical treatment not specified elsewhere in this list which results in final R1 1 Uses of residual material obtained from any of the operations compounds or mixtures which are discarded by means of any operations D1 to numbered R1 to R10 numbered D12, (e.g., evaporation, drying, calcination etc.) R1 2 Exchange of wastes for submission to any of the operations numbered D10 Incineration on land R1 to R11 D11 Incineration at sea R1 3 Accumulation of material intended for any operations numbered R1 to R2 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 70 D12 Permanent Storage, (e.g., emplacement in containers in a mine, etc.) D13 Blending or mixing prior to submission to any of the operations numbered H NUMBER AND UN CLASS (Block 19) D1 to D12 UN Class/ H Numbe r D14 Repackaging prior to submission to any of the operations number D1 to D12. 1 H1 Explosive D15 Storage pending any of the operations D1 to D12. 3 H3 Inflammable liquids 4.1 H4.1 Inflammable solids PACKAGING TYPES (Block 18) MODES OF TRANSPORT (Blocks 10 – 12) 4.2 H4.2 Substances or wastes liable to spontaneous combustion 1 Dru m 6Composite Packaging R = Road 4.3 H4.3 Substances or waste which, in contact with 2 Woo den Barr el 7Pressure receptacle T = Train/Rail water, emit inflammable gases 3 Jerri can 8Bulk S = Sea 5.1 H5.1 Oxidizing 4 Box 9Other (Specify) A = Air 5.2 H5.2 Organic peroxides 5 Bag W = Inland Waterways 6.1 H6.1 Poisonous (acute) PHYSICAL CHARACTERISTICS (Block 14) 6.2 H6.2 Infectious substances 1 Powdery/powd er 5 Liquid 8 H8 Corrosives 2 Solid 6 Gaseous 9 H10 Liberation of toxic gases in contact with air or water 3 Viscous/paste 7 Other (specify) 4 Sludgy 9 H11 Toxic (delayed or chronic) 9 H12 Ecotoxic 9 H13 Capable, after disposal, of yielding another material, e.g. leachate, which possesses any of the characteristics listed above. FOR USE BY CUSTOMS OFFICERS 26. COUNTRY OF EXPORT/DISPATCH OR CUSTOMS OFFICE OF EXIT 2 8. STAMPS OF CUSTOM OFFICES OF TRANSIT COUNTRIES Name of Country (2): Name of Country (2): The waste described overleaf has left the country on: Entry Departure Entry Departure Stamp: Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 71 Sig natu re: 27. COUNTRY OF IMPORT/DESTINATION Name of Country (2): Name of Country (2): The waste described overleaf has entered the country on: Entry Departure Entry Departure Stamp: Signature: Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 72 Form No. 8 THE UNITED REPUBLIC OF TANZANIA THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PERMIT FOR EXPORT OF HAZARDOUS WASTE (Made under regulation 40) Permit No...................……. This is to certify that ………………..................................……of P. O. Box………....……………… has been granted a permit to export...................................................................…….(type of hazardous waste) to..........................................................(name of the country of import) with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific export transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent export transaction. Terms and conditions for this permit are set out overleaf. Name……………………. Signature ……………….. Date……………………… Minister responsible for Environment Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 73 Form No. 9 THE UNITED REPUBLIC OF TANZANIA THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PERMIT FOR IMPORT OF HAZARDOUS WASTE (Made under regulation 44) Permit No...................……. This is to certify that ………………..................................……of P. O. Box………....……………… has been granted a permit to import...................................................................…….(type of hazardous waste) to Mainland Tanzania with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific import transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent import transaction. Terms and conditions for this permit are set out overleaf. Name…………………… Signature……………….. Date……………………… Minister responsible for Environment Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 74 Form No. 10 THE UNITED REPUBLIC OF TANZANIA THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PERMIT FOR TRANSIT OF HAZARDOUS WASTE (Made under regulation 47) Permit No...................……. This is to certify that ………………..................................……of P. O. Box………....……………… has been granted a permit to transit...................................................................…….(type of hazardous waste) through Mainland Tanzania at.....................................(entry point) and....................................... (exit point) with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific transit transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent transit transaction. Terms and conditions for this permit are set out overleaf. Name………………………. Signature ……………………… Date ……………………………. Minister responsible for Environment Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 75 Form No. 11 FORM OF RECORDS (Made under regulation 65(a)) Type of activity:.......................................................................................................... Date Type of waste Source of waste Amount of waste Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 76 Form No. 12 FORMAT OF THE BI-ANNUAL REPORT (Made under regulation 66(1)) (1) Introduction  This Chapter shall provide general profile of the business or company including location, main activities, employees, annual turnover, and permits and lincenses. (2) Hazardous waste management  This Chapter shall describe the type and amount of hazardous waste being handled, source and recipient of waste.  It may also indicate trend in amount of hazardous waste handled over the past years since the operation of the business or company. (3) Challenges  This Chapter shall highlight challenges being encountered in the permitted activity. (4) Comments or Recommendations, if any (5) Attachments  The permit holder shall attach the following documents: (i) business licence; (ii) certificate of incorporation and Memorandum and Articles of Association, in case of a company; (iii) Tax clearance form; (iv) relevant contract agreements; (v) relevant permit(s) from other Authorities; (vi) Emergency Response Plan; (vii) Tracking Document; (viii) Form of records. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 77 SIXTH SCHEDULE CATEGORIES OF HEALTH CARE WASTE (Made under regulation 52) 1. Infections Waste Waste suspected to contain pathogens e.g. laboratory culture, waste from isolation wards, tissues (swabs), materials, or equipment that have been in contact with tubings, catheters, IGS toxins, live or attenuated vaccines, soiled plaster costs and other materials contaminated with blood infected patients, excreta. 2. Pathological waste Human and animal tissues or fluds, e.g. body parts blood and other body fluds, fetuses, animal carcasses. 3. Sharps Sharp waste e.g. needles, infusion sets, scalpels, knives blades, broken glass that may cause puncture and cuts. This includes both used and unused sharps. 4. Pharmaceutical waste Waste containing pharmaceutical e.g. pharmaceuticals that are expired or no longer needed; items contaminated by or containing pharmaceuticals (bottles, boxes). 5. Genotoxic Waste Waste containing substances with genotoxic properties, e.g. waste containing cytostatice drug (often used in cancer therapy), genotoxic chemicals. 6. Chemical waste Waste containing chemical substances e.g. laboratory reagents; film developer, disinfectants, (disinfectants) that are expired or no longer needed solvents. 7. Wast with high content of heavy metals. Batteries, broken thermometers, blood-pressures gauges, etc. 8. Pressurizes containers Gas cylinders, gas cartridges, aerosol cans. 9. Reldioactive waste Walste containing radioactive substances e.g. unused liquids from radiotherapy or laboratory research, contaminated glassware, packages, or absorbent paper, urine and excreta from patients treated or tested with unsealed radionuclides, sealed sources. 10. General solid waste Waste generated from offices, kitchens, packaging material from stores. 11. Microorganisms Any biological entity, cellular or non-cellular capable or replication or of transferring genetic material. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 78 SEVENTH SCHEDULE (Made under regulation 53) COLOUR CODE FOR HEALTH CARE WASTE ADOPTED FROM THE WHO COLOUR CODE Type Colour of Container and markings Type of Container 1. Infections Yellow Strong leak proof-plastic gag with biohazard symbol 2. Pathological Yellow Strong leak proof-plastic bag with biohazard symbol. 3. Sharps Yellow-(marked sharps) Puncture proof 4. Chemical and Pharmaceutical Brown Plastic bag or container 5. Non-infectious/non Hazardous (non clinical) Black Plastic bag or container 6. Radioactive waste Any, but with radiation hazard symbol Lead box, labelled with radioactive symbol 7. General healthcare waste Black Plastic bag or container Infectious, Pathological and Sharp waste should also be marked with the international biohazard symbol. Chemicals should also be marked with the appropriate international chemical hazard symbol Radioactive must be labelled with the appropriate warning symbol as in Schedule Eight Part II. Note: 1) Colour coding of waste categories with multiple treatment options as defined in Schedule Nine, shall be selected depending on treatment option chosen, which shall be as specified in Schedule Nine. 2) Collection bags for waste types needing incineration shall not be made of chlorinated plastics. Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) 79 EIGHTH SCHEDULE TREATMENT METHODS OF HEALTH CARE WASTES (Made under regulation 54) WASTE CATEGORY TREATMENT METHOD Contaminated animal carcasses Incineration Cultures and stock Steam sterilization Contaminated bedding/patient care waste Steam sterilization or Incineration Contaminated small equipment Steam sterilization or incineration Contaminated large equipment Formaldehyde decontamination Waste Biological Steam sterilization or incineration Surgery waste Steam sterilization or incineration Human blood Steam sterilization or incineration Autopsy waste Incineration Human blood products Steam sterilization or Incineration Contaminated laboratory waste Steam sterilization Pathological waste Steam sterilization or Incineration/Grinding Dialysis unit waste Steam sterilization Contaminated and unused sharps Steam sterilization and incineration/grinding Pharmaceutical waste See separate Pharmaceutical waste guidelines Anti-neoplastic drug waste Incineration Low level radioactive waste Consult Tanzania Atomic Energy Agency Note: 1. Chemical treatment using at least 1% hypochlorite solution or any other equivalent chemical reagent. It must be ensured that the chemical treatment. 2. Mutilation or shredding must be such so as to prevent unauthorized reuse. 3. There will be no chemical pre-treatment before incineration. 4. Chlorinated plastics shall not be incinerated. 5. Deep burial shall be an option available only in towns with population less than five hundred thousand and in rural areas. Dodoma, SELEMANI SAIDI JAFO 7th May, 2021 Minister of State, Vice President’s Office (Union Affairs and Environment)