Water (Waste Discharge) Regulations, 1998 (No. 32 of 1998)

STATUTORY INSTRUMENTS SUPPLEMENT No. 20 21st August, 1998 STATUTORY INSTRUMENTS to the Uganda Gazette No. 52 Volume XCI dated 21st August, 1998. Printed by UPPC, Entebbe, by Order of Government. THE WATER (WASTE DISCHARGE) REGULATIONS, 1998. ARRANGEMENT OF REGULATIONS. Regulation. 1. Citation. 2. Interpretation. 3. Standards for effluent and waste. 4. Prohibition on the discharge of effluent or waste. 5. Waste discharge permit. 6. Application for waste discharge permit. 7. Advertisement of applications. 8. Additional information. 9. Consideration of application. 10. Approval of application .. 11. Applicant to be notified of the Director's decision. 12. Appeal to the-Mrn1ster. 13. Transfer of waste discharge pemtlt. 14. Breach of conditions. 15. General obligation to mitigate pollution. 16. Accidental discharge. 447 Regulation. 17. Sampling of effluent and waste water analysis. 18. Waste discharge fees. 19. Register. 20. Access to Register. 21 . Penalty. 22. Validation and saving. SCHEDULES. 448 STATUTORY INSTRUMENTS. 1998 No. 32. The Water (Waste Discharge) Regulations, 1998. (Under Section 107 of the Water Statute, 1995) IN EXERCISE of the powers conferred upon the Minister responsible for water by section I 07 of the Water Statute, 1995, these regulations are made this 7th day of April, 1997. 1. These Regulations may be cited as the Water (Waste Discharge) Regulations, 1998. 2. In these regulations, unless the context otherwise requires "Authority" means the National Environment Management Authority established under section 5 of the National Environment Statute, 1995; "Director" means the Director of Water Resources; "Executive Director" means the Executive Director appointed under section 12 of the National Environment Statute, 1995; " proprietary information" means any information re lating to any manufacturing process, trade secret, trade mark, copyright, patent or formula protected by the law or by international treaties to which Uganda is a party; "waste discharge permit" means a discharge permit issued under subregulation (I) of regulation IO; "waste" includes sewage and any other matter or thing whether wholly or partly in solid, liquid or gaseous state, which if added to any water, may cause pollution. 449 S1a1u1c No. 9 of 1995. Ci1a1ion. lnlcrprc• 1a1ion. S1a1utc: No. 9 of 1995. Standards for effluent and waste. Prohibition on the dis charge effluent or waste. Waste discharge pennit. 3. (1) The standards for treated effluent or waste before discharge into water or on land is as established by the Authority in consultation with the lead agency under section 27 of the National Environment Statute, 1995. 4. (1) No person shall discharge effluent or waste on land or into the aquatic environment contrary to the standards estab lished under regulation 3 unless he or she has a permit in the format specified in the First Schedule issued by the Director. (2) A person granted a permit under subregulation (1) shall ( a) ensure that the effluent or waste discharged conforms to the maximum permissible limits established under regulation 3; (b) be subject to such other conditions as the Director may specify. (3) The Director or a person authorised by him or her may issue guidelines on the type of industry or establishment affected and the method of treatment of effluent or waste so as to ensure assimilation by the receiving water or land into which the effluent or waste is discharged. S. ( 1) A person, ( a) to whom a works approval has been issued; or ( b) who is or proposes to be (i) the owner or operator of any industry or trade which discharges or which will discharge effluent or waste into the aquatic environ ment or on land; (ii) responsible for producing, storing, discharging or disposing of any waste, or any waste containing a substance specified in the S~cond Schedule to these regulations; 450 (iii) engaged in any trade specified in the Third Schedule to these regulations; (iv) the owner or occupier of any premises specified in the Third Schedule from which waste may come into contact with water, directly or indirectly; may apply to the Director for a waste discharge permit. (2) Any person who contravenes the provision of this regulation commits an offence and is liable, on conviction, to the penalty prescribed under section 40 of the Statute. 6. An application under regulation 5 shall ( a) be in Form A set out in the Fourth Schedule; ( b) contain such information as the Director may deter mine; and ( c) be accompanied by the relevant application fee speci fied in Form B of the Fourth Schedule to these regulations. 7. (I) The Director ( a) shall at least on two separate occasions publish, in a newspaper of general circulation in the area to which the application relates, a notice summarising the nature of any application received under regu7 lation 5; (b) may give such other public notice of the application as he or she considers appropriate in the circum stances; ( c) may give written notice of the application to any person whom he or she considers may be adversely affected by the discharge of the waste to which the application relates; and 451 Application for waste discharge pennit. Advertise ment of applications. Additional infonnation. Conside ration of application. ( d) shall invite submissions on the application in any notice given under this regulation within thirty days of the date of the notice or such longer period as the Director thinks appropriate in the circum stances. (2) The applicant shall be responsible for the expenses incurred under subregulation (1). 8. The Director or a person authorised by the Director may ( a) require an applicant to prepare and submit plans or further information to support any application made under regulation 5; and (b) enter any land to which an application relates and undertake any investigations that are necessary for considering the application. 9. (I) The Director shall, in considering an application under regulation 5, have regard to the following ( a) the existing authorised and projected quality of water in, and down-stream of the area; (b) any adverse effect which the discharge of waste is likely to have on (i) the existing authorised uses of water; (ii) possible future beneficial uses of water; (iii) any aquifer or waterway, including effects on land which forms the waterway or its surroundings; (iv) the environment, including the riverine and riparian environment; (v) in-stream uses of water; ( c) the minimum water quality standards and effluent discharge standards established under sections 26 and 27 of the National Environment Statute, 1995; 452 ( d) any guidelines or conditions relating to waste discharge permits prescribed by the Minister under subsection (6) of section 29 of the Water Statute, 1995; ( e) Government policy on environment management and conservation; (j) any submissions made under paragraph ( d) of sub regulation ( 1) of regulation 7; (g) the comments of any public authority to which an application is referred under section 30 of the Water Statute, 1995 and any special conditions that are proposed by such public authority; (h) any other matter which the Director considers relevant to the application. (2) Without prejudice to subregulation ( 1 ), the Director shall not approve an application for a waste discharge permit in respect of any premises for which a works approval has been granted unless he or she is satisfied that the works have been completed in accordance with the works approval. (3) The Director may, where an application for a waste discharge permit is received in respect of any premises for which a works approval has not been granted ( a) by notice in writing specify any additions, alterations or modifications to the premises which shall be completed to the satisfaction of the Director before the application is reconsidered; or (b) grant the waste discharge permit subject to the condi tion that any additions, alterations or modifications to the premises specified in the permit shall be made within the time specified in the permit. ( 4) The Director shall not, when granting a waste discharge permit in respect to any land, attach conditions relating to the execution of additions, alterations or modifications to the premises which are any more onerous for the applicant than any condition previously attached to a works approval. 453 Approval of application. Applicant to be notified ofthc Director's decision. 10. (1) The Director may, after the provisions of paragraph (b) of subsection (3) of section 30 of the Water Statute, 1995 and these regulations are complied with, approve the application and issue the discharge permit. (2) The permit issued under subregulation (1) may pro vide for the requirement of an environmental impact assessment or provide restrictions on the use of wetlands. (3) The Director shall not when granting a waste dis charge permit in respect to any land, attach conditions relating to the execution of additions, alterations or modifications to the premises which are any more onerous for the applicant than any condition previously attached to a works approval. ( 4) The holder of a permit under these regulations shall apply to the Director to cancel and re-issue a permit so as to amend the terms of the original permit due to the subsquent changes or modifications in operation which lead to relevant or significant changes in discharges. (5) The application under subregulation (4) shall be in Form C of the Fourth Schedule to these regulations. (6) The Director shall consider the applications under subregulation (4) and (5) and such other relevant information and make a decision whether to amend the terms or not. 11. (1) The Director shall, in writing, notify any applicant of any submission made by any person under paragraph ( d) of sub regulatiori (1) of regulation 7 and that of any public authority to which an application has been referred under section 30 of the Water Statute, 1995 of his or her decision. (2) If the Director approves an application he or she shall set out in the notice given under subregulation ( 1) of this regula tion any condition to be attached to the discharge permit. (3) If the Director rejects an application, he or she shall set out in the notice referred to under sub-regulation ( 1) of this regulation, the reasons for rejecting the application. 454 12. (I) Any person aggrieved by the decision of the Director may appeal to the Minister, in the format set out in Form D of the Fourth Schedule, setting out the grounds of objection. (2) The Minister shall, within twenty one days of the receipt of the appeal, consider and determine the appeal or refer the appeal to the Water Policy Committee for its recommendation .. (3) The Water Policy Committee shall, within one month of the date of receipt of the appeal, consider the appeal and make recommendations to the Minister. ( 4) The Minister shall, within seven days of the receipt of the Water Policy Committee recommendation, consider and determine the appeal having regard to the recommendation. 5. (I) The Minister or the Water Policy Committee, if the appeal is referred to it, shall ( a) have regard to the factors spelt out in regulation 9 when making a decision or recommendation under this regulation; and ( b) not make a decision or recommendation without giving a hearing to the person who lodged the appeal except that it shall not be necessary for the person to be heard by both the Minister and the Water Policy Committee. 13. ( 1) A person who becomes the owner or occupier of any premises in respect of which a waste discharge permit exists shall continue to discharge waste from the premises in accordance with the conditions and terms spelt out in that waste discharge permit for a period of three months from the date on which that person becomes the owner or occupier of the premises. (2) After the expiry of the period referred to in sub regulation ( 1) of this regulation the Director shall, upon the notification in the format set out in Form E of the Fourth 455 Appeal to the Minister. Transfer of Waste Dichargc Pcnnit. Breach of conditions. General obligation 10 mitigate pollution. Accidental discharge. Schedule by the person referred to in subregulation ( 1 ), grant that person a waste discharge permit on conditions which are not more onerous to the applicant than the conditions attached to the previous waste discharge permit relating to those premises so long as the Director is satisfied that the purposes for which the premises are to be used and the nature of any waste will not change in any material respect. 14. (I) The Director may, at any time if any condition attached to a waste discharge permit is not observed, give notice in writing to the holder of the permit requiring the holder to take such action in relation to the waste within such time as the Director may specify in the notice. (2) Where the holder of a waste discharge permit fails to comply with the notice referred to in sub-regulation ( 1) of this regulation within the time specified in that notice or such longer time as the Director may allow, the Director may cancel the waste discharge permit and enter the premises to which the waste discharge permit relates and take such action as may be nece ssary to prevent any further discharge of waste which may come into contact with water directly or indirectly. 15. ( 1) Every industry, establishment or holder of a waste discharge permit shall install anti-pollution equipment for the treatment of effluent and waste discharge emanating from the industry. (2) An installation made under subregulation ( 1) shall be based on the best practicable means, environmentally sound practice or any guidelines as the Director may determine. 16. ( 1) The owner or person responsible for the management of an industry or establishment referred to in subregulation ( 1) of regulation 15 shall, in the case of an accidental discharge, imme diately, in any case within the period of twenty-four hours after the accidental discharge, report the matter to the Director using the fastest available means. 456 (2) The provision of subregulation (1) shall not release the owner or person under subregulation ( 1) of regulation 5 from taking immediate action to mitigate the damage resulting from the accidental discharge. (3) Without prejudice to section 67 of the National Environment Statute, 1995, the Authority or a person authorised by the Authority shall establish disaster preparedness measures for accidental discharges. 17. (1) An environment inspector designated under section 80 or an analyst designated under subsection (1) of section 84 of the National Environment Statute, 1995 may at any reasonable time enter any premises and take samples, analyse and examine materials used in the activity for which a discharge permit was applied. (2) An analyst designated under subregulation ( 1) shall comply with the guidelines issued under these regulations. 18. (1) The holder of a waste discharge permit shall pay an annual waste discharge fee. (2) The fee referred to in sub-regulation (1) of this regu lation shall be fixed having regard to ( a) the volume, characteristics and components of waste to be discharged; ( b) the principle th.at the true and total costs of environ mental pollution should be borne by the polluter; and ( c) the principles set out in Form B of the Fourth Schedule to these regulations. 19. (1) The Director shall keep a Register of ( a) all applications made under regulation 5; ( b) every works approval or waste discharge permit granted. 457 Sampling of effluent and waste water analysis. Waste discharge fees. Register. Access to Register. (2) The Register shall contain the information specified in the Fifth Schedule and such other information as the Director may consider appropriate. (3) The Director may, subject to sub-regulation (2) of this regulation, keep the Register in any form the Director considers appropriate. (4) The Director shall, under subsection ( l) of section 79 of the National Environment Statute, 1995 transmit the record kept under this regulation to the Authority. 20. ( l) Subject to subregulation (2) of this regulation, the Director shall make available to any person a copy of any entry in the Register upon the request of that person and upon payment of the fee specified in Form B of the Fourth Schedule to these Regulations. (2) In making an application for a works approval or a waste discharge permit the applicant may, apply in the format set out in Form F of the Fourth Schedule, to the Director not to make any portion ofa relevant entry in the Register public. (3) The Director may only agree not to make any portion of an entry in the Register public if the applicant satisfies the Director that ( a) the relevant portion of the entry would potentially reveal information to a competitor about the applicant's production process which would (i) not otherwise be available generally or to that competitor; and (ii) substantially interfere with the applicant's competitive position in the market; and (b) the potential disadvantage to the applicant clearly outweighs the public's interest in having access to that relevant portion of the entry. 458 21. A person who contravenes any provision of these regu lations, commits an offence and is liable, on conviction, to the penalty specified in section 40 or I 04 of the Statute. 22. (I) Anything done or made before the coming into force of these regulations in relation to waste or waste discharge permit, which acts would have been done or made under these regulations, shall be deemed to have been done or made under these regulations. (2) Notwithstanding subregulation (I), anything done or made under subregulation (I) shall continue in force until termi nated by the Director in order to bring it in conformity with the terms and conditions under these regulations. (3) For the avoidance of any doubt, the termination under subregulation (I) shall not release the holder of a permit from any liability incurred and done under the permit. SCHEDULES. 459 Penally. Valid:ition and saving. FIRST SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 ( Statute No. 9 of 1995) (Regulation 4 (I)) The Water (Waste Discharge) Regulations, 1998 PERMIT TO DISCHARGE WASTE ( Under regulation 7 of the Water ( Waste Discharge) Regulations, /997) To be completed in triplicate ( 3 ). • Reference Number Name and Address Dale of Applicalion: Da1e of Consen1: You are hereby permitted to discharge wastes described and al lhe place identified below subject 10 the Wa1er S1a1ute 1995 and the regulations made thereunder and lhe conditions sel hereunder: Descriplion of Discharge: Type: From: To: National grid Reference of Discharge Point La1itude: Longi1ude: District .. · Coun1y: Sub-coun1y: Parish/Village: This permit shall not be taken as providing a statutory defence against a charge of pollution in respect of any poisonous, noxious or polluting constituents not specified in the permit. In addition to the conditions specified in the Statute and any other law for the time being in force, this permit is subject to the following conditions: I. General (a) This permit shall be valid from (date) to (date) (b) For the purpose of applying the conditions identified in section 3 below, the discharge shall provide and maintain facilities which enable the Director's representatives to take flow measurements of the final waste effluent which is discharged to the outlet. The discharger shall identify the facility with a clearly visible sign, distinguishing it from any other and provide a visible notch, mark or device indicating the level equivalent to the maximum instantaneous permitted flow. (c) For the purpose of applying condition 4 the discharger shall provide and maintain facilities which shall enable the Director's representatives to take discrete or composite samples of final waste effluent which is discharged at the outlet. The discharger shall identify the facility with a clearly visible sign distinguishing it from any other. (d) 'rhe discharger shall provide to the Director's satisfaction a drawing showing the precise location of the facilities provided in accordance with sub-conditions (b). and (c) above not later than one month prior to the date of enforcement of this permit. (e) Facilities shall be provided for the safe and convinient access to enable the Director's representa• lives at any time to talce samples, carry out flow measurements and inspection to ensure that the conditions of this permit are complied with. 2. As to outlet (see attached separate sheet). 3. As to the volume and rate of discharge (see attached separate sheet). 4. As to the discharge composition (see attached separate sheet). 5. As to the pre-treatment before discharge (see attached separate sheet). 6. As to other conditions (see attached separate sheet). Signature:. Full Names: Director of Water Resoun::es Official reception seal/stamp Date: 460 SECOND SCHEDULE. PRESCRIBED SUBSTANCES [Regulation 5( I) (b) (ii)] Aldrin Atrazine Arsenic Azinphos-methyl Boron Cadmium and its compounds Carbon tetrachloride Chloroform Chromium Cyanide Cyfluthrin DDT 1.2-Dichloroethane Dichlorvos Dioxins Endosulfan Endrin Fenitrothion Fethion lsodrin Flucofuran Hexachlorobenzene (HCB) Hexachlorobutadiene (HCBD) Hexachlorocyclohexane (Lindane and related compounds) Iron Lead Malathion Mercury and its compounds Nickel Parathion Parathion methyl PCD's Pentachlorophenol (PCP) and its rnmpoum.ls Perchloroethylcnc Pcnnethrin Polychlorinatcd biphenyls Simazinc Copper Tetracliloroethylenc Tributyltin compounds Trichlorobenzene Trichloroethane Trichloroethylene Trilluralin Triphenyltin compounds Vanadium Zinc Sulcofuron Azinphos-ethy I Substances prescribed by other law in force 461 THIRD SCHEDULE. PRESCRIBED TRADES AND PREMISES [Regulation 5(1) (b) (iii) (iv)] Airports Breweries Mines and processors Coffee factories Commercial fish farms Fish processing factories Fruit and vegetable processing factories Hospitals Leather tanning factories Meat processing factories Mineral extraction and processing Oil factories Plastic manufacturers Sewerage treatment plants Slaughtering Works (as may be identified by the Director) Soap factories , Soft drink manufacturers Steel rolling mills Sugar factories Textile factories 462 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations, I 998 Regulation 6 FORM A. APPLICATION FOR A WASTE DISCHARGE PERMIT. To be completed in triplicate ( 3) Complete this form if you want to apply for a permit to disharge, for a new discharge or for a variation to an existing permit to discharge under the Water (Waste Discharges) Regulations. You will also have to complete Part A, B, C, or D. A different form is required for trade effluents discharged to sewer for treatment at Municipal Wastewater Treatment Plant. A permit is required for each separate discharge. If you currently discharge or propose to discharge from more than one point, then a separate application form must be completed for each disharge. Is this an application for a new discharge or a variat10n to an existing discharge? ( ) New ( ) Variation Have you made or do you intend to make, an application to the Minister for exemption from publicity? ( ) Yes ( ) No I. NAMES AND ADDRESSES Name Address:. Telephone: District: Designation:-----------~ Acting for Company/Individual/NGO/Partnership/Participation/Cooperative Society Address:. Telephone: Postal address (if different from above): Town. 463 2. LAND RELATED TO THIS APPLICATION Name of land owner where the works and use of water occurs or will occur: Address of owner: Property regime of land: ( ) Bona fide occupant ) Mailo ) Customary tenure ( ) Freehold ( ) Lease ) Official Mailo ) Uganda Land Commission ( ) District Land Board if leasehold, indicate: volume Folio No. if mailo or freehold indicate: Block Plot No. Location of land where works and use of water occurs or will occur: District: Area of that land (in Hectares) 3. SOURCE OF WATER AND PURPOSE OF WATER USE 3.1 Select the source of water from or to which you wish to take water: ) River ) Lake ) Channel )Dam ) Stream ) Lagoon ) Ditch ) Dry river bed )Swamp ) Wetland ) Borehole ) Dug well ) Spring ) Other, Specify Common name of the source of water: Specific point where the water is or will be taken: Side of the water uptake (when applicable): ( ) Right ( ) Left District where the water uptake is located (when applicable): Give details of any water permit you hold to discharge water into this source: (Auach a topofaphic map 1 :50,000, indicating location of the intake works). 3.2 Use or proposed use of water: (Tick one or more boxes as appropriate) ) Irrigation ) Rural domestic ) Services ) Livestock ) Industrial ) Power generation ) Urban domestic ) Fisheries ) Recreational ) Other (Specify) OFFICIAL USE ONLY Basin: Catchment: National Grid Reference of point of water uptake: Long: Lat.: 464 4. NATURE OF THE DISCHARGE Tick one or more boxes as appropriate State the nature of the discharge: ) Sewage Effluent ( ) Emergency discharge of sewage effluent ( ) Trade Waste ( ) Any other matter (inc. contaminated surface water Specify: For sewage and trade wastes and emergency disharges: (a) Maximum quantity it is proposed to discharge in one day: cubic metre per day (b) Highest rate at which it is proposed to operate the discharges: I/sec (c) Periods during which discharge will take place: For rainfall dependent discharges, state the area to be drained: m2 Identify roof areas and other impervious areas: 5. MEANS OF DISCHARGE Indicate proposed means of discharge: ) Pipe ( ) Channel ) Borehole ( ) Soak.away ) Well ( ) Culvert ) Sub-irrigation system ) Soakaway and sub-irrigation system ( ) Other (Specify) 6. TECHNICAL DETAILS OF THE DISCHARGE Give details as appropriate: (a) For pipes, channels, wells and boreholes: Diameter: millimeters. Dimension (s): metres. (b) For sub-irrigation systems, soakaway pits, wells and boreholes: Depth: metres. Geological stratum (if known): ( c) For boreholes: Type of iining: Depth of lining: metres. Depth of perforated lining: metres. Depth of unperf6rated lining: metres. 465 7. RECIPIENT Water to which waste will be discharged directly. Tick the category to which the proposed discharge(s) are to be made: ) River or stream ) Onto land ) Canal ) Directly into groundwater ) Lake or pond ) Into land and watercourse ) Into land (not discharging to a river or stream) State name of watercourse (if known): Is there a foul sewer available to which the discharge could be made? ( ) Yes ( ) No If Yes, give reason for not connecting: Distance from nearest foul sewer: metres. 8. SAMPLING OF THE DISCHARGE Authority will normally be required provision for the taking of samples of the dis charge. Please indicate the means proposed. ) At the outlet ( ) See Plan 9. ITTHER INFORMATION Is permit reqi.::ed for limited period?: ( ) Yes ) At the manhole or sampling chamber ( ) Other, Give further details: ( ) No If Yes, give relevant dates: On what date do you anticipate the discharge will begin to be made: Does this proposal replace an existing discharge: ( ) Yes ( ) No If Yes, give details: Are there any existing consents for discharge from the premises?: ( ) Yes ( ) No If Yes, give details, numbers. if known: Please give the details of the premises. (Tick as appropriate): ) Vehicle parking area ) Fish farm ) Sewage treatment works ) Industrial premises ) Mineral workings ) water supply ) Other (Specify): 466 DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision will be made pursuant to this application until I recieve a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature of applicant Official seal/stamp Full names Date: NOTE: (I) You must ensure to provide the information on Part.A, B, C, or D. (2) A permit is required for each separate discharge. If you currently discharge or propose to discharge from more than one point, separate application forms must be filled for each discharge. (3) The Director will return oneform to the applicant authenticated with the official seal. (4) You must attach CASH or CHEQUE for Ushs .............................. for processing your application and send them to: The Director Directorate of Water Resources P.O. Box 20026 Kampala The Director may require you to advertise this application at your cost in a way specified by the Director. OFFICIAL USE ONLY RECEPTION DATE: (D) (M) (Y) APPLICATION NUMBER Official Stamp and Signature 467 PART A APPLICATION FOR A WASTE DISCHARGE PERMIT. To be completed in triplicate ( 3) IN THE CASE OF SUB-IRRIGATION SYSTEMS AND SOAK.AWAYS (a) Is any part of the system within 10 metres of the site boundary: ( ) Yes ( ) No (b) ls any part of the system within IO metres of a watercourse: ( ) Yes ( ) No (c) Is the land in which the disposal system is to be constructed under-drained with land drains discharging to a watercourse or to be so drained? ( ) Yes ( ) No (d) If the answer to either (b) or (c) is YES: Please state the name of the watercourse or sufficient information to identify it.: (e) Attach details of the percolation test carried out. DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision will be made pursuant to this application until I recieve a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature of applicant Seal/stamp Full names Date: OFFICIAL USE ONLY RECEPTION DATE: (0) (M) (Y) APPLICATION NUMBER Official Stamp and Signature 468 PARTB APPLICATION FOR A WASTE DISCHARGE PERMIT. To be completed in triplicate ( 3) FOR SEWAGE TREATMENT PLANTS: (a) State the population served/population equivalent/estimated population: All year Wet season Dry season (b) Give details of the treatment plant to be used. Attach extra sheets if necessary. DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision will be made pursuant to this application until I recieve a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature of applicant Seal/stamp Full names Date: OFFICIAL USE ONLY RECEPTION DATE: (D) (M) (Y) APPLICATION NUMBER Official Stamp and Signature 469 PARTC APPLICATION FOR A WASTE DISCHARGE PERMIT. To be completed in triplicate ( 3) FOR TRADE WASTES AND SEWAGE DISCHARGES CONTAINING TRADE WASTES: (a) Describe the process(es) from which the waste arises and the characteristics of the trade waste including the max. min. and mean values of COD, BOD and SS of the waste. (b) Maximum temperature of the waste discharged ............ 'C (c) Does the waste contain any of the following? ( ) Yes ( ) No If YES, underline those present and give full details separately (including maximum. mini mum and mean values) l. Aldrin 25. Iron 2. Arsenic 26. Lead 3. Atrazine 27. Malathion 4. Azinphos-ethyl 5. Azinphos-methyl 6. Boron 28. Mercury and its compounds 29. Nickel 30. Parathon 7. Cadmium and its compounds 8. Carbon tetrachloride 31. Parathion methyl 32. PCSD's 9. Chloroform 10. Chromium 11. Copper 12. Cyanide 13. Cytluthrin 14. DDT 33. Pentachlorophenol (PCP) and its compounds 34. Perchloroethylene 35. Pennethrin (PH if outside of range 5.5 to 9.0) 36. Polychlorinated biphenyls 37. Simazine 38. Sulcofuron 15. 1.2-Dichloroethane 16. Dichlorvos 17. Dioxins 39. Tetracliloroethylene 40. Tributyltin compounds 41. Trichlorobenzene 18. Endosulfan 42. Trichloroethane I 9. Fenitrothion 20. Fenthion 43. Trichloroethylene 44. Tritluralin 21. Flucofuran 22. Hexachlorobenzene (HCB) 45. Triphenyltin compounds 46. Vanadium 23. Hexachlorobutadiene (HCBD) 47. Zinc 24. Hexachlorocyclohexane 48. lsodrin (d) Give details of any other significant chemical components contained in the waste especially of any wastes containing chemical components controlled under the National Environment Statute or any other law in force (attach separate sheet). DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision will be made pursuant to this application until I recieve a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature or applicant SeaVstamp Full names Date: OFFICIAL USE ONLY RECEPTION DATE: (D) (M) (Y) APPLICATION NUMBER Official Stamp and Signature 470 PARTD APPLICATION FOR A WASTE DISCHARGE PERMIT. To be completed in triplicate ( 3) FOR EMERGENCY DISCHARGES AND CONTAMINAJED SURFACE WATERS: State the type of discharge. Tick one or more boxes as appropriate: Emergency overflow from sewer □ Answer all except 23 Emergency overflow from pumping station □ Answer all except 22 Contaminated surface water □ Answer 24, 27 Other □ Answer as appropriate If other, please give further details: 21. /a) State average flow 10 pumping station/in m3/day sewer (b) Stale maximum flow to pumping station/ I/sec in sewer 22. Expected frequency of operation per annum 23. State volume of wet well m3 24. What provisions have been made 10 raise alanns? (e.g. telemetry) 25. What facilities have been provided lo pre vent the discharge of gross solids? (For screens give bar spacings or aperture) 26. Whal provisions have been included to deal with: /a) power failure? /bi mechanical breakdown? /c) rising main failure? 27. What facilities have been provided for flow measurements? 28. Are there any other factors 10 be taken into account? DECLARATION OF THE APPLICANT I certify that the information provided in this form is correct to the best of my knowledge. I also agree that no decision will be made nor action taken with respect to this application until I recieve a notification from the Directorate of Water Resources that I have provided all the necessary information. Signature or applicant Full names Seal/stamp Date: OFFICIAL USE ONLY RECEPTION DATE: (D) (M) (Y) APPLICATION NUMBER Official Stamp and Signature 471 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 Regulation 6 (c) The Water (Waste Discharge) Regulations, 1998 FEES FEES l. For processing application for: (a) Registration of existing works (b) Discharge permit (c) Renewal of permit ( d) A copy of entry from Register (e) Works approval 2. Annual monitoring WASTE DISCHARGE FEES BOD LOAD Unit Charge 10kg Oxygen/year (U.Shs. Per Kg Oxygen 100 and less 100 - 400 400 - 600 600 - 1,800 1,800 - 3,000 3,000 - 3,800 3,800 - 5,200 5,200 and over Notes: 1. Threshold Load 50m3/day; BOD5 50mg/L demand not charged 2.0 2.0 2.1 2.1 2.2 2.2 2.5 FORMB AMOUNT 100,000 650,000 650,000 5,000 650,000 650,000 Annual Charge (U.Shs.) not charged 500,000 1,000,000 2,500,000 5,000,000 7,500,000 10,000,000 13,000,000 2. Values in table are 1.3% of the operation costs of treating wastes (based on 1994 operational costs of NWSC treattnent work at Bugolobi). 3. Examples Mbale NWSC sewerage effluent 7,300 m3/day; BOD5 89mg/L; Load 2,632xla3 kg/year; amount 500,000. Kampala NWSC sewerage effluent 80,800 m3/day; BOD5 89mg/L; Load 2,632 and 1a3 kg/year; amount 5,000,000. 472 FOURTH SCHEDULE THE REPUBLIC OF UGANDA Regulation 10(5) THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations 1998 FORM C. Official use only Charge No. Date received: APPLICATION FOR CHANGE IN OPERATION OR DISCHARGE NOTE: This form should be used to notify the Director of any proposed changes in operation or discharge which may be relevant or significant as defined in the Regulations. The Director will then determine whether the proposed changes are relevant or significant. You must have received an amended or new permit to discharge before implementing the proposed changes. If you know the changes are significant, then you must apply for and be in receipt of a variation to your existing permit to discharge before implementing the proposed changes. If you fail to notify the Director of significant or relevant changes you will be committing an offence under the Water (Waste Discharge) Regulations and may be liable to a fined or a custodial sentence. Please complete the relevant sections of this form in triplicate ( 3) IN BLOCK LETTERS and return to the Director. I/We hereby notify the Director of a proposal to modify the operation or dis charge currently subject to the existing permit to discharge, reference No ......................... and request the Director to determine whether the proposed changes described amount to a significant or relevant change. Signature of Holder ............................. . Date .................... . Signed on behalf of .................................................................... . I. NAME AND ADDRESS OF HOLDER (or agent for company) (a) First name Last name Address (b) Acting for (Company/Public Corporation/Partnership/ Co-operative Society)* Address Address for correspondence if different from above • Delete what is not applicable. 473 2. PROPOSED CHANGES IN OPERATION OR DISCHARGE Describe the proposed changes in operation ( If necessary attach plans and other information to this notice) 3. PROPOSED PRE-TREATMENT Give details of the any proposed pre-treatment or any modifications to the existing system of pre-treatment. ( If necessary attach plans and other information to this notice) 4. EFFECT OF PROPOSED CHANGES IN VOLUME AND COMPOSITION OF EFFLUENT Existing Proposed (a) Discharge rate m3/d Maximum daily Maximum hourly litre/sec (bJ Composition ( Provide details of new raw materials, pollutants, changes in concentration of existing pollutants, attach additional information to this form if necessary) 5 Attachments (List an attachments to this form in the space below) I/We certify that the information provided in this form is complete and correct to the best of my/our* knowledge. Signed ........................... Date ..................... Seal/Stamp .............. . When you have completed this form, you should return it to Directorate of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above. The Director may require: Further information To inspect your premises To discuss the proposed changes with you before making a determination as to whether the proposed changes are significant, relevant or not. 474 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations 1998 Regulation 12 FORM D. Official use only Appeal No. Date received: APPEAL AGAINST A DECISION MADE BY THE DIRECTOR OR OTHER AUTHORISED PERSONS MADE UNDER THE WASTE DISPOSAL REGULATIONS NOTE: No person may appeal to the Minister against a decision of the Commissioner to grant a waste discharge permit who did not object to the granting of that permit in the prescribed manner and within the time prescribed. Please complete in triplicate ( 3) the relevant sections of this form IN BLOCK LEITERS and return to the Director within 30 days of noti fication of the Director's decision. I/We* hereby lodge my appeal to the Minister against a decision made by Director or other authorised person as detailed below. Signature of Appellant. ............................ . Date .................... . Signed on behalf of .................................................................... . I. NAME AND ADDRESS OF APPELLANT (or agent for company) (a) First name Last name Address (b) Acting for (Company/Public Corporation/Partnership/ Co-operative Society)* Address Address for correspondence if different from above • Delete what is not applicable. 475 TYPE OF DECISION Indicate the type of decision against which you are appealing (delete /a), /bl or (c) whichever are not applicable) /a) Granting of a permit or conditions attached to permit. /bl The granting of a Variation to a permit. (cl The decision to include/exclude commercially confidential information. DETAILS OF DECISION Please give the following details of the decision against which you are appealing: (This information is contained in the letter of notification of the decision sent to you by the Director) Date of decision: Reference: REASONS FOR APPEAL Please give your reasons for appealing against the decision of the Director or other Authorised Person. OTHER RELEVANT INFORMATION Please give details of all information relevant to this appeal. / If there is insufficient room on this form to provide the information please attach the information /0 this form and list the attachments in the space provided). I/We certify that the information provided in this form is complete and correct to the best of my/our* knowledge. Signed ........................... Date ..................... Seal/Stamp .............. . When you have completed this form, you should return it to Directorate of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above. The Minister will notify you of the outcome of your appeal within a 3 month period from receipt of the appeal, unless you are notified to the contrary. 476 FOURTH SCHEDULE THE REPUBLIC OF UGANDA Regulation l 3(2) THE WATER STATUTE, 1995 The Water (Waste Discharge) Regulations, 1998 Official use only Appeal No. Date received: NOTIFICATION OF TRANSFER OF PERMIT TO DISCHARGE WASTE FORM E. NOTE: This form should be used to register the transfer of a permit to dis charge for an existing discharge to the new owner of the operation to which it applies. If the operation is to change in any way a new permit to discharge must be obtained before the changes can be implemented. Please complete the relevant sections of this form in triplicate ( 3) IN BLOCK LETTERS and return to the Director within 21 days of the transfer. I/We hereby notify the authority that the permit to discharge, reference No . . . . . . . . . . . . . . . . . . . . . . . . . . . . was transferred to new holder on ....................... . Signature of New Holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date .................... . Signed on behalf of .................................................................... . I. NAJl.,ffi AND ADDRESS OF NEW HOLDER (or agent for company) (a) First name Last name Address (b) Company name Address Address for correspondence if different from above 477 2. REASONS FOR TRANSFER Please give your reasons for transferring this permit to other persons or company NOTE: ft is an offence, under the Water (Waste) Discharge Regulations 1998, to fail to register the transfer of this permit within 21 days of the transfer taking place. If you fail to do so you may be subject to a.fine or a custodial sentence. I/We certify that the information provided in this form is complete and correct to the best of my/our* knowledge. Signed ........................... Date ..................... Seal/Stamp .............. . When you have completed this form, you should return it to Directorate of Water Resources, P.O. Box 20026, Kampala together with any attachments indicated above. The Director may require: Further information To discuss the transfer with you before making a determination as to whether the proposed transfer is acceptable. 478 FOURTH SCHEDULE THE REPUBLIC OF UGANDA THE WATER STATUTE, 1995 Regulation 20(2) The Water (Waste Discharge) Regulations, 1998 FORM F. Official use only Exemption No. Date received: APPLICATION FOR EXEMPTION OF INFORMATION FROM THE PUBLIC REGISTER NOTE: This form should be used to apply to the Director for the exclusion of commercially sensitive information from the Public Registers on waste discharges. The completed application form should be submitted to the Director with the application form for a permit to discharge. Please complete the relevant sections of this form IN BLOCK LETTERS attach it to your application for a permit to discharge and re tum both forms to the Director. I/We* hereby request the Director, under the provisions in the Water (Waste Discharge) Regulations, 1998, to exclude commercially sensitive information from the public register on waste discharges. The information for exclusion and the reasons for exclusion are described below or on the listed attachments. Signature of applicant. ............................... . Date ..................... . Signed on behalf of ................................................................. . I. NAME AND ADDRESS OF APPLICANT (or agent for company) (a) First name Last name Address (b) Acting for Company/Partnership/ Public Corporation/Cooperative Society* Address Address for correspondence if different from above. *Delete what is not applicable 419 2. COMJ'vtERCIALLY SENSITIVE INFORMATION FOR EXCLUSION FROM THE REGISTER Please identify specifically the information, included in the application form for a permit to discharge. which you wish to be excluded from the public register. (NOTE: This information must be kept to an absolute minimum): 3. REASONS FOR EXCLUSION OF INFORMATION FROM THE REGISTER Please provide clear justification for each item of information ·you wish to be excluded from the public register. (N<n'E: The onus is one the application to justify the exclusion of information. If the Director is not satisfied that your application is justified he will reject your application): 4. ATTACHMENTS (List any attachments to this form in the space below) Please attach all infonnation,. relevant to this application, to this form and list the attachments in the· space provided: I/We* certify that the"information provided in this form is complete and correct to the best of my/our* knowledge. Signed ........................... Seal/Stamp .................. Date: ................ . When you have completed this· form,· you should= return it- to· D1rector of Water Resources, P.O. Box 20026,-Kampala together with any attachments as indicated above. The Director may require: Further information: To discuss the exemptions' witn you. before making a determination as to whether the proposed exemptioris1justified: 480 FIFTH SCHEDULE REGISTRATION [Regulation 19 (2)] WATER (WASTE WATER) DISCHARGE An entry into the register concerning any discharges under regulation 13 for which a pennit is granted under regulation 3 relating to water (waste water) discharge, must include: (a) Name of person or Company who has registered or to whom the pennit has been granted. (b) Address of person or Company who has registered or to whom the pennit has been granted. {c) Location of discharge point (d) Name of District where the discharge occurs. (e) Name of water way in which the discharge is made. (t) The number of the relevant description of discharge chemical content of water (waste water) discharge. (g) Land related to the discharge. (h) Nature of discharge. (i) Means of discharge. (j) Frequency and capacity of discharge. (k) The pennit Number. (I) The duration of pennit. (m) Expiry date of permit. (n) Authority that granted the permit. (o) The registration folio of the permit. (p) The date of registration. (q) The authority that registers the permit. (r) Any significant changes to the status of the permit. (s) Any relevant conditions attached to the permit. 481 GERALD M. SENDAULA, Minister of Natural Resources.