LEGAL FRAMEWORK FOR SOLID WASTE MANAGEMENT IN LEBANON

Transcription

1 REGIONAL SOLID WASTE MANAGEMENT PROJECT IN MASHREQ AND MAGHREB COUNTRIES NATIONAL ACTIVITY IN LEBANON LEGAL FRAMEWORK FOR SOLID WASTE MANAGEMENT IN LEBANON FIRST REPORT DRAFT VERSION Prepared by ELARD (Lebanon), s.a.r.l. in association with ENVIROTECH (Lebanon) s.a.r.l. and TEBODIN (Hague) Submitted to: THE WORLD BANK AUGUST, 2004

2 TABLE OF CONTENTS TABLE OF CONTENTS... II LIST OF TABLES...V LIST OF FIGURES... VII LIST OF ABBREVIATIONS...VIII 1. INTRODUCTION THE CONTEXT OF THE PROJECT THE LOCAL CONTEXT THE OBJECTIVES OF THE PROJECT OBJECTIVE OF THIS REPORT STRUCTURE OF THE REPORT WORK METHODOLOGY SOLID WASTE MANAGEMENT IN LEBANON WASTE CHARACTERISTICS MSW QUANTITY MSW COMPOSITION MSW MOISTURE CONTENT INDUSTRIAL SOLID WASTE NUMBER AND DISTRIBUTION OF INDUSTRIES QUANTITY OF INDUSTRIAL SOLID WASTE GENERATED THE EXISTING LEGISLATION ON SOLID WASTE MANAGEMENT OVERVIEW OF THE EXISTING LEGISLATION LEGAL ASPECTS TECHNICAL ASPECT IMPLEMENTATION ASPECT FINANCIAL ASPECT THE COUNCIL OF MINISTERS DECISIONS ( ) THE INSTITUTIONAL FRAMEWORK THE COUNCIL OF MINISTERS THE MINISTRIES THE MINISTRY OF ENVIRONMENT THE MINISTRY OF INTERIOR AND MUNICIPALITIES THE MINISTRY OF HEALTH THE MINISTRY OF PUBLIC WORKS AND TRANSPORT THE MINISTRY OF INDUSTRY THE COUNCIL FOR DEVELOPMENT AND RECONSTRUCTION LOCAL AUTHORITIES SECURITY AND JURIDICAL AUTHORITIES SWM POLICIES, PLANS AND PRACTICES IN LEBANON GOVERNMENT PLANS PRIOR TO CIVIL WAR CHAOS DURING CIVIL WAR PRIVATIZATION STRATEGY AND BOT PROJECTS...31 ELARD in association with Envirotech and Tebodin ii

3 3.4.4 CURRENT POLICIES AND PLANS FOR SWM IN GBA THE EMERGENCY PLAN FOR SWM IN GBA EMERGENCY PLAN: EXECUTION AND PERFORMANCE MOIM MSW POLICY CURRENT POLICIES AND PLANS FOR SWM OUTSIDE GBA SOLID WASTE ENVIRONMENTAL MANAGEMENT PROJECT (SWEMP) MOE-NATIONAL SWM STRATEGY COMMUNITY-BASED SWM PROJECTS FUTURE POLICIES AND STRATEGIES DISTRIBUTION AND STATUS OF MAJOR DUMPSITES REHABILITATION AND OPERATION OF TRIPOLI DUMPSITE CONSTRUCTION AND OPERATION OF ZAHLE LANDFILL ESTIMATED QUANTITY OF MSW GENERATED SINCE FINANCIAL AND COST RECOVERY CONSIDERATIONS OVERVIEW OF THE MACROECONOMIC GOVERNMENT SITUATION OVERVIEW OF THE LEBANESE SOCIOECONOMIC SITUATION CURRENT FUNDING SOURCES FOR SWM SERVICES THE NATIONAL BUDGET REVENUES FOR MUNICIPALITIES, LAW 118 (30,06/77) COLLECTION OF PROPERTY TAXES GRANTS AND LOANS THE FINANCIAL LEGACY OF PAST SOLID WASTE DISPOSAL THE PROPOSED FRAMEWORK LAW ON SWM IN LEBANON OVERALL RATIONALE KEY ELEMENTS OF THE LAW CLASSIFICATION OF WASTES WASTE MANAGEMENT RESPONSIBILITIES WASTE MANAGEMENT PLANNING INFORMATION MANAGEMENT PRIVATE SECTOR PARTICIPATION BASIC PRINCIPLES BEHIND PRIVATIZATION PROPOSED MECHANISM OF PSP IN THE FRAMEWORK LAW FINANCING, COST RECOVERY MECHANISMS AND INCENTIVES THE NATIONAL BUDGET TAPPING ON THE VAT REVENUES FOR MUNICIPALITIES, LAW 118 (30/06/77) TAPPING ON AND IMPROVING COLLECTION OF PROPERTY TAXES NEW TAXES OR CHARGES GRANTS AND LOANS LITTERING AND NON-COMPLIANCE FINES INCENTIVES ON-GOING ACTIVITIES...74 REFERENCES...75 ELARD in association with Envirotech and Tebodin iii

4 APPENDIX A... MINUTES OF MEETINGS APPENDIX B... FINANCIAL SITUATION OF GOL APPENDIX C... AFFORDABILITY ANALYSIS APPENDIX D...DRAFT SOLID WASTE MANAGEMENT LAW APPENDIX E... PROPOSED WASTE MANAGEMENT INFRASTRUCTURE ELARD in association with Envirotech and Tebodin iv

5 TABLE LIST OF TABLES 3.1. MSW Generation Projection for Summary of AUB and Sukomi Surveys on MSW Composition in Lebanon (UNEP and Cedare, 2000) Reported MSW Moisture Content in Lebanon (UNEP and Cedare, 2000) Number and Distribution of Industries per Mohafaza Distribution of Industrial Sectors across the Mohafazat (MoE/Ecodit, 2001) Non-Municipal Solid Waste Quantities Existing Environmental Legislation Related to Solid Waste Management in Lebanon List and Description of the Council of Ministers Decisions on Solid Waste Management Published from 1997 to date Facilities Needed for the Emergency Plan for SWM in GBA Targets of the GBA Emergency Plan for SWM Main Deficiencies in the Emergency Plan for SWM in GBA, MSW Treatment Costs in the Extended Greater Beirut Area Contract Unit Cost of MSWM System for GBA Total Costs Incurred Since Inception of Emergency Plan in Lebanon (From ) Actual Achievements under SWEMP Projects Co-Financed by USAID Projects Co-Financed by the Life Program (UNDP) Status of the Major Dumpsites in Lebanon Estimation of Total Solid Waste Generation from 1982 to Purchasing Power Percent Changes for Various Classes in Lebanon Family Classification as Percentage of Total Population Population Estimates and Average Household Size Revenue Classification of the Lebanese Government...50 PAGE ELARD in association with Envirotech and Tebodin v

6 3.24. Investment (US$) Requirements to Deal with Open Dumping Old Practices from (and over 10 year period) Summary of Proposed Wastes Management Responsibilities Waste Strategy Vs. Plan Summary of Planning Process Options and Characteristics of Several Contracts Tapping on Property Taxes based on Minimum Wage Complete Summary of the Costs of SWM in Lebanon and Options for Complete Cost Recovery (Mechanism)...72 ELARD in association with Envirotech and Tebodin vi

7 FIGURE LIST OF FIGURES 2.1. Basic Methodology for the Preparation of the Waste Management Law MSW Generation in Lebanon per Mohafaza (2004 estimates) Municipal Solid Waste Composition in Lebanon (MoE/Ecodit, 2001) Components of Emergency SWM Plan for GBA (1997) Map showing location of major dumpsites, landfills and recycling companies Theoretical Allocation of the IMF Fund to Municipalities and Unions of Municipalities Criteria and Constraints of Significance for the Development of the IWM Law List of Sources of Waste Proposed Waste Classification System Waste Management Policy, Strategy, Plan and Program Process of Waste Management Planning Diagram of Waste Monitoring and Information Management Private Sector Arrangements in Solid Waste Management Public versus Private Goods in Solid Waste Management Diagram of Private Sector Participation...67 PAGE ELARD in association with Envirotech and Tebodin vii

8 LIST OF ABBREVIATIONS AUB BCD BIA BOO BOT CAS CDR CoM DBO DGUP EU GBA GoL IDAL IMF ISWM IWM MoE MoF MoH MoI MoIM MoPWT MSW MU American University of Beirut Beirut Central District Beirut International Airport Build Own and Operate Build Operate and Transfer Central Administration of Statistics Council of Development and Reconstruction Council of Ministers Design Build and Operate Directorate General of Urban Planning European Union Greater Beirut Area Government of Lebanon Investment Development Authority of Lebanon Independent Municipal Fund Integrated Solid Waste Management Integrated Waste Management Ministry of Environment Ministry of Finance Ministry of Health Ministry of Industry Ministry of Interior and Municipalities Ministry of Public Works and Transport Municipal Solid Waste Municipal Union ELARD in association with Envirotech and Tebodin viii

9 NERP PCU PSP SEA SELDAS SME SWEMP SWM UNDP UNEP USAID VAT WTP National Emergency Reconstruction Program Project Coordination Unit Private Sector Participation Strategic Environmental Assessment Strengthening the Environmental Legislation Development and Application System Small and Medium Enterprise Solid Waste Environmental Management Project Solid Waste Management United Nations Development Program United Nations Environment Program United States Agency for International Development Value-Added Tax Willingness to Pay ELARD in association with Envirotech and Tebodin ix

10 1. INTRODUCTION 1.1. THE CONTEXT OF THE PROJECT The World Bank, as administrator of the METAP program, has mobilized a grant from the Euro-Med SMAP program for the implementation of a Regional Solid Waste Management Project in Mashreq and Maghreb Countries. The overall objective of the project is to promote the adoption of integrated solid waste management (ISWM) in the selected Mediterranean countries, among which Lebanon. The project will provide the necessary tools for designing, developing, and implementing the main elements of ISWM while promoting exchange of information and experiences within the Region in the field of solid waste management (SWM) THE LOCAL CONTEXT The Lebanese Ministry of Environment (MoE) has requested from the World Bank that the national activity in Lebanon be tailored towards the elaboration of a legal framework for ISWM in Lebanon while strengthening the capacities in selecting preferred SWM systems and in negotiating private sector contracts THE OBJECTIVES OF THE PROJECT In this context, the objectives of the national activity are to : (1) develop a legal framework that supports the adoption of ISWM; (2) implement training modules at the national and municipal level for the application and enforcement of the legal framework with focus on capacity development in supervision and monitoring contracts; (3) develop an economic model with relevant implementing tools that assist municipal and national entities in selecting preferred SWM and contracting systems such as financing and cost recovery; and (4) assist concerned institutions in selecting and applying one regional guidelines developed by the regional project OBJECTIVE OF THIS REPORT This is the first draft report being submitted to the World Bank presenting the progress of the work. The objective of this report is to describe the existing situation with respect to solid waste management on the technical, legal, institutional and financial fronts (baseline conditions) and present a first draft of the framework law proposed for the Government of Lebanon (GoL) along with the rationale and methodology to develop it STRUCTURE OF THE REPORT The report is structured in four (4) main sections in addition to this introduction. Section 2 provides a very brief description of the work methodology adopted in developing the draft framework law. Section 3 presents the Lebanese baseline conditions with respect to solid waste management, including waste characteristics, legal and institutional frameworks, waste management policies and practices, and financial and cost recovery considerations. ELARD in association with Envirotech and Tebodin 1

11 Section 4 introduces the proposed framework law explaining the rationale behind its formulation and the key elements of the law. Finally, section 5 describes the on-going activities. 2. WORK METHODOLOGY The development of the integrated waste management law consisted of several steps. First, a detailed research on the current and past status of waste generation and management in the Republic of Lebanon was completed. Next, the existing waste management legal and institutional frameworks were reviewed and evaluated for shortcomings and major gaps. An in-depth study of international laws and regulations on waste followed including that of European Union, Republic of Philippines, Republic of Macedonia, United States of America, United Kingdom, Tunisia, and Algeria among others. The above-mentioned tasks coupled with periodic meetings with stakeholders were followed by the preparation of a draft outline for the waste management law. The draft outline received reviews from local and international legal consultants that continue to participate in the process. Finally, a draft waste management law was prepared and shall be submitted to the stakeholders for the cycle to repeat resulting in a final draft. This process is illustrated in Figure 2.1. In parallel to this activity, the economic model for waste management in Lebanon is being developed and will provide useful inputs for the financing and cost-recovery sections of the proposed Law. Preparation of Waste Management Law Input from stakeholders Input from legal consultants Review of Current & Past Status of Waste Proposal of Outline of Draft Waste Law Review of National Waste Legislation Meetings with Relevant Stakeholders Review of International Waste Legislation Figure 2.1. Basic Methodology for the Preparation of the Waste Management Law ELARD in association with Envirotech and Tebodin 2

12 It is noteworthy herein to expand on the contribution of the institutions legally responsible for the management of wastes during the formulation of the Law. In Lebanon, as indicated in the section on the institutional framework (section 3.3), several public agencies and authorities share in this assignment including municipalities, several ministries, the Council of Development and Reconstruction (CDR), the Council of Ministers (CoM), in addition to security and judicial authorities. Therefore, the development of the IWM law relied heavily on collaboration with and input from the relevant stakeholders in the form of meetings and other forms of communication. Besides weekly meetings at the early stage with the MoE to ensure proper coordination with the focal point of the project, at least one meeting was organized with key stakeholders. The recommendations of these various stakeholders were wide-ranging and briefly consisted of the following (refer to Appendix A for detailed Minutes of Meetings): Ministry of Environment (MoE) - Weekly meetings with members of MoE indicated that the priorities of the ministry include the development of a law that regulates municipal solid wastes, as a first priority, and that will be ratified by the CoM. Members of MoE recommended the development of a straightforward uncomplicated law that does not propose radical changes in order to assure the approval by the Government of Lebanon (GoL). Ministry of Interior and Municipalities (MoIM) - Members of the MoIM conveyed their welcoming of the proposed law, and requested the submittal of a draft proposal in order to review and formally remark on the content. Ministry of Finance (MoF) - Members of the MoF confirmed the need for a law on waste management and emphasized the dedication of their agency for environmental projects. A draft proposal of alternative financing scenarios was requested in order to review and evaluate the alternative financing options and their impact on the National Treasury as well as their feasibility. Council of Development and Reconstruction (CDR) - Similar to other stakeholders, members of the CDR requested the submittal of a draft proposal in order to review and formally remark on the content of the proposed law. Additionally, meetings were held with the Investment Development Authority of Lebanon (IDAL) and Kafalat, a Small and Medium Enterprise (SME) financing firm, for insight on possible means and incentives to financing waste management projects and encouraging private sector participation. ELARD in association with Envirotech and Tebodin 3

13 3. SOLID WASTE MANAGEMENT IN LEBANON 3.1. WASTE CHARACTERISTICS Before embarking onto the long history of the GoL and its attempt to adequately manage solid waste in the country, it is useful to specify the characteristics of the municipal solid waste (MSW) generated in Lebanon. This stems from the fact that any sound strategy for SWM needs to be based on the characteristics of the wastes to be managed, since these significantly affect the effectiveness and choice of management options. This section addresses also the wastes generated from industries and other sources than households MSW Quantity It is estimated that about 1.5 million tones of MSW in Lebanon were generated in 2004 (about kg/capita/day), or about 4,144 tones per day (MoE/Ecodit, 2001). This figure was estimated using the population projection for 2004 and solid waste generation per Mohafaza. The population projection for 2004 was estimated using Lebanon s annual population growth rate of 1.65% in 1999 and the official population census for the year 1997 from the Central Administration of Statistics (CAS). The solid waste generation per Mohafaza was calculated using per capita generation rate of 1.1 kg/capita/day for Beirut, 0.95 kg/capita/day for South Lebanon and Mount Lebanon, and 0.85 kg/capita/day for the Bekaa, North Lebanon and Nabatiyeh (MoE/Ecodit, 2001). The estimate shows a 5.2 percent increase in solid waste generation compared to the state of solid waste generation projection for the year 2001 (Table 3.1). Mount Lebanon and Beirut account for about 51 percent of the total waste generated in Lebanon (Figure 3.1). Table 3.1. MSW Generation Projection for 2004 Mohafaza Solid Waste Generation Rate (Kg/capita/day) 1 Population (2001) 1 Solid Waste Generation (tones/day) (2001) Population (2004) 2 Solid Waste Generation (tones/day) (2004) Percentage of national MSW generated Beirut , , % Mount Lebanon ,606,383 1,526 1,687,218 1, % North-Lebanon , , % Bekaa , , % South-Lebanon , , % Nabatiyeh , , % Total ,267,564 3,940 4,482,313 4, % 1/ Values adopted from SOER, / values estimated based on population growth rate ELARD in association with Envirotech and Tebodin 4

14 MSW generation / Mohafaza 280,320 tones/year 187,245 tones/year 585,460 tones/year 95,630 tones/year 181,405 tones/year 183,230 tones/year Figure 3.1. MSW Generation in Lebanon per Mohafaza (2004 estimates) MSW Composition Several studies were conducted at various times and locations to analyze the waste composition in Lebanon since Some of these studies were conducted at the source, others were preformed at the primary deposit stage and yet others at the processing stage. The studies conducted at the American University of Beirut (AUB) in 1994 and Sukomi in 1998 came out with slightly different results. Organic waste is by far the largest component of the MSW stream in Lebanon, representing around 63 percent of total MSW quantity in GBA and slightly over 50 percent at the national level (Figure 3.2) (MoE/Ecodit, 2001; UNEP and CEDARE, 2000). Table 3.2 presents the results of the sampling survey conducted by Sukomi in 1998, which covered all of Beirut and its immediate suburbs, parts of the Metn, Kesrwan and the Chouf as well as the results of the AUB study in 1994, which covered regions within GBA and the city of Tripoli. ELARD in association with Envirotech and Tebodin 5

15 9% 3% 3% 5% 2% Organic Paper and Cardboard Plastic Glass 10% 51% Textiles 17% Metals Construction and Demolition Others Figure 3.2. Municipal Solid Waste Composition in Lebanon (MoE/Ecodit, 2001) Table 3.2. Summary of AUB and Sukomi Surveys on MSW Composition in Lebanon (UNEP and Cedare, 2000) Components Organic material Paper & cardboard AUB study 1994 Sukomi survey 1998 Summer Winter Annual (%) Summer Winter Annual (%) Plastics Metals Textiles Glass Others The discrepancy between the rates for recyclable materials obtained by the two studies could be due to the fact that the survey conducted by Sukomi reflects the waste sorted at the plant level and might not represent the actual waste generated. In fact, scavengers recover the recyclable material before being collected by Sukleen. In general, both results showed that organic waste has the highest share of waste stream and this percentage increases in the summer months when the consumption of fruits and vegetables is considerably higher in comparison with the winter months. ELARD in association with Envirotech and Tebodin 6

16 3.1.3 MSW Moisture Content An important waste parameter that affects the effectiveness of treatment technologies is moisture content. Moisture content of MSW usually varies depending on the composition of the waste and weather related factors such as temperature, humidity and precipitation. Previous studies indicate that in Lebanon the moisture content does not vary much between winter and summer seasons, with moisture content reported as 63.2 percent in the summer and 65.3 percent in the winter (UNEP and Cedare, 2000). Table 3.3 presents the range value for MSW moisture contents in middle-income countries and the actual MSW moisture content in Lebanon. Table 3.3. Reported MSW Moisture Content in Lebanon (UNEP and Cedare, 2000) Component Range Typical Lebanon Food waste Paper Plastics Metals Glass Overall Industrial Solid Waste Number and Distribution of Industries During , the Ministry of Industry launched an industrial census on the Mohafaza level; the census was later updated in providing targeted information about the industrial sector. Another census of establishments and buildings was conducted by the CAS between 1995 and 1996 on the Caza level. The results from both sources revealed significant disparities regarding the number and distribution of the industrial establishments (Table 3.4). The majority of the industries in Lebanon are light industries, with more than 82 percent located outside industrial zones. While existing industrial zones suffer from weak infrastructure for collection and treatment of industrial waste, this situation is magnified in other zones with many of these industries located between residential areas posing risks and environmental stresses in the regions where they are located. Currently there are 23 industrial sectors in the country (excluding power, water and construction activities). Nearly 89 percent of the total industrial activity belongs to eight major sectors. Table 3.5 presents the distribution of those eight industrial sectors in each Mohafaza. ELARD in association with Envirotech and Tebodin 7

17 Table 3.4. Number and Distribution of Industries per Mohafaza Percentage of industries per Mohafaza according to Mohafaza CAS ( ) Percentage of national level MoI ( ) Percentage of national level Percentage located outside industrial zone (based on MoI values) Beirut 2,931 10% 2,547 12% 83% Mount Lebanon 12,696 43% 11,011 50% 65% North 6,231 21% 3,865 18% 58% South 2,804 10% 1,641 7% 45% Nabatiyeh 1,517 5% 712 3% 40% Bekaa 3,103 11% 2,250 10% 56% Total 29, % 22, % 82% Table 3.5. Distribution of Industrial Sectors across the Mohafaza (MoE/Ecodit, 2001) Industrial branch Beirut Mount Lebanon North South Bekaa Nabatiyeh Total Percentage Food products & activities % Leather & leather products % Textile % Clothes & dyeing fur % Wood products % Non metallic mineral products % Fabricated metal products % Furniture & other manufactured products % ELARD in association with Envirotech and Tebodin 8

18 Quantity of Industrial Solid Waste Generated It is difficult to produce reliable estimates for the quantity of waste generated by industries due to the lack of data. However, it is estimated that Lebanese industries dispose of about 188,850 tons of solid wastes per year, out of which 3,338 tons/year are considered as hazardous and 54,692 tons/year non-hazardous, 73,000 tons/year construction and demolition wastes, and 57,820 tons/year putrescent wastes (MoE/Ecodit, 2001). Particular attention is given to slaughterhouse waste generation in Lebanon, the amount of which is estimated to be around 40,000 tones per year. Poultry houses also generate significant amounts of wastes from dead broilers, the total quantity being estimated to be 1,500 tones per year (assuming Lebanon produces 15 million broilers a year) (MoE/Ecodit, 2001). Special household wastes (battery liquid, acetone, paints, ink residues, etc.) are also sometimes considered to be industrial in nature with some 30 percent regarded as hazardous wastes. It is assumed that special wastes represent about 0.3 to 0.8 percent of total MSW generated. Based on these assumptions, Lebanon generates about 4,000 tones per year of special household wastes of which 1,200 tones per year are regarded to be hazardous (MoE/Ecodit, 2001). As for medical waste, there are 185 hospitals all over the country with a total number of 14,277 beds in the year 2000 (MoE/Ecodit, 2001). It is estimated that the average bed occupancy is only 56 percent and the average risk waste generation is 1.5 kg per day per occupied bed. Based on these assumptions, the total generated hospital risk waste is around 4,400 tones per year (or around 12 tones per day) and is expected to reach 5,000 tones in The above values are summarized in Table 3.6. Waste category Table 3.6. Non-Municipal Solid Waste Quantities Quantity (tones/year) Industrial waste Hazardous waste 3,338 Non-hazardous or recyclable waste 54,692 Construction/demolition and putrescent waste 130,820 Medical waste regions with expected highest generation rate Mount Lebanon-North Hospital risk waste 4,400 Mount Lebanon-Beirut Slaughter houses Slaughter house waste 40,000 Poultry house waste (dead broilers) 1,500 Beirut-Tripoli-Saida Special household waste Special household waste 4,000 Hazardous waste 1,200 Urban areas ELARD in association with Envirotech and Tebodin 9

19 3.2. THE EXISTING LEGISLATION ON SOLID WASTE MANAGEMENT Proposing a realistic framework law for solid waste management in Lebanon requires a detailed review of the existing legislation related to the topic and an assessment of the gaps and needs. This detailed review and assessment, of which the main results are presented in the subsections below, have been carried out by ELARD as part of the on-going SELDAS project (Strengthening the Environmental Legislation Development and Application System in Lebanon), a project by the UNESCO- Cousteau Ecotechnie Chair at the University of Balamand, funded by the European Commission Life Third Countries Program and hosted by the Ministry of Environment. A book on the State of the Environmental Legislation Development and Application System in Lebanon is under preparation and will be published, as part of the SELDAS project by the end of this year (i.e., 2004) Overview of the Existing Legislation A milestone in the history of environmental legislation in Lebanon consists of the ratification by the parliament of Law 444 dated 2002 on the Protection of the Environment. This law sets the framework for environmental protection in Lebanon. Law 444/2002 has recognized the importance of preserving the natural resources from the threats caused by the different sources of pollution. Solid waste generated as the result of human activities, forms a major burden on the natural resources in Lebanon. The development of a framework law for the integrated management of solid waste (including generation, storage, collection, transport, processing, treatment and disposal) is crucial in order to limit the negative impacts of this sector on the environment. Table 3.7 lists and briefly describes the legal texts that address, in one way or another, issues related to solid waste management. Currently, legislation on solid waste management consists of relatively independent texts that do not effectively tackle the problem. In particular, the current legislation lacks the proper classification of wastes, inappropriate attribution of responsibilities to the different stakeholders, limited provisions for technical standards and specifications for services and technologies, absence of a role for the private sector, and no consideration of financing and cost-recovery issues in waste management. The following sections provide a more detailed analysis on the legal, technical, implementation or financial aspects of waste management as tackled by the existing legislation. ELARD in association with Envirotech and Tebodin 10

20 Type of the text Table 3.7. Existing Environmental Legislation Related to Solid Waste Management in Lebanon Number Date Subject/Title Description / Relation to solid waste management Decision 214 2/19/1920 Disposal of slaughter house wastes Decision 188 4/19/1920 Prevention of risks to public health Decision /14/1921 Decision 320 5/26/1926 Identification of the coastal zone and specification of penalties for violation of coastal hunting regulations Preservation of the water belonging to public properties and its use Decree /3/1928 Recovery of fines related to the violations of decision 188 Decree /5/1931 Public cleanliness Legislative decree 16 6/30/1932 General health rules This decision bans the open dumping of solid waste produced by slaughter houses This decision forbids the open dumping of solid waste and assigns to the Ministry of Health the responsibility of supervising open dumping This decision sets limitations for industrial waste dumping in the sea This decision controls solid waste dumping on water bodies belonging to public properties This decree assigns to the Ministry of Finance the responsibility of collecting the fines related to solid waste violations based on the request of the Minister of Interior This decree controls solid waste dumping around residential areas and focuses on the necessity of collection and disposal of wastes as per the requirements of the municipalities This legislative decree proposes the formulation of some application decrees that should specify the conditions, especially those related to waste collection, promoting sanitation in residential areas and on the roads Decision 166 7/11/1933 Historical sites This decision bans waste storage near historical sites Decree /11/1936 Decision 6/a.c. 6/4/1936 Permitting requirements for bottled water and beverage industries Decision of health minister: general health conditions for industries This decree determines the permitting requirements for bottled water and beverages industries including solid waste disposal conditions This decision determines environmental conditions for industrial waste collection Decision /28/1936 Regulation of the surface water in Tripoli This decision forbids and controls any waste dumping from ships in the sea Decision /7/1936 Imposing the general conditions on car repair workshops in Beirut This decision specifies storage conditions of special waste in car repairing workshops ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 11

21 Type of the text Number Date Subject/Title Description / Relation to solid waste management Law 7/8 8/7/1939 Protecting the natural sites in Lebanon Decision /4/1940 Conditions for the institutions using welding Decision 169/b 27/5/1940 Decision 239 7/10/1940 Decision 649 3/23/1942 Legislative decree 340 1/3/1943 Penalties law Decree /24/1951 Decision of the Mayor of Beirut: regulating the sales of wood, coal and fuels Decision of the Mayor of Beirut: regulation of animals stables Decision of the Minister of Health: establishing a protected area around the spring of Nabeh al Assal in the mountain of Faraya Regulating health protection in all institutions under the Labor Law Decree /8/1954 Classifying summer attraction areas This law controls the construction of solid waste storage facilities on natural sites This decision sets conditions for solid waste storage and determines the penalties in case of violations of this decision This decision sets the storage conditions for waste generated from wood, coal and fuel selling stations This decision sets environmental conditions for waste collection and disposal in animal's stables This decision organizes and controls waste dumping in the protected area This legislative decree regulates solid waste dumping around water resources and on public roads This decree determines the solid waste storage conditions in all institutions under the previsions of the Labor Law This decree assigns the municipalities the responsibility of cleaning public streets and the entrances and providing waste transport services Law 10/8/1955 Implementing the international health system 2 This law regulates the transport and disposal of solid wastes Decree /30/1956 Specifying the terms for tax exemption of material imported by hotels This decree exempt hotels importing technologies for solid waste treatment from taxes Decision /10/1957 Decision of the Mayor of Beirut: regulation of bakeries This decision determines waste storage conditions in bakeries Decree /9/1961 Regulating the Civil Defense This decree determines the terms of cooperation between the Ministry of Public Works, the Civil Defense, and municipalities in removing the leftovers of demolished buildings Decree /30/1961 Organization of the Ministry of Public Health This decree distributes the responsibilities on the different services in the Ministry of Public Health concerning prevention of solid waste pollution including setting criteria for waste treatment and their monitoring ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 12

22 Type of the text Number Date Subject/Title Description / Relation to solid waste management Decree /11/1962 Decision 39 17/2/1962 Responsibilities of the Head of the Construction and Maintenance Service Decision of the Minister of Health: conditions for transporting food Decree /5/1964 Organization of the General Directorate of Urban Planning This decree gives the Construction and Maintenance Service the role of keeping the roads clean This decision determines some environmental conditions for proper storage and disposal of waste in order to prevent contamination in food, beverages and ice cream vending stores This decree gives the Urban Planning Directorate the responsibility of preparing corrective studies related to cities and towns including collection and disposal of municipal waste Decree /9/1964 Imposing health conditions on meat vendors This decree sets conditions for waste collection generated by meat vendors Decree /2/1964 Hotels tax exemptions This decree exempts hotels importing technologies for solid waste treatment from taxes Decision 6 18/2/1964 Decision of the Mayor of Beirut: regulating the sweets industries This decision sets some environmental conditions for solid waste storage Law 76 12/26/1967 Law of circulation This law forbids dumping of cars parts Decision /7/1969 Decision of the Minister of Public Works: safety of people in water resorts This decision sets conditions for solid waste management in water resorts Regulation 4/12/1971 Slaughterhouses and poultry processing centers This regulation sets conditions for sanitary practices including proper solid waste management Decision 425/1 8/9/1971 Decision of the Minister of Interior and Public Health: imposing the use of plastic bags for waste storage Decree /23/1974 Preservation of public sanitation Decree /10/1974 Agreement 2/13/1976 Permitting the government to join the international convention concerning the liabilities of nuclear ships investors and its protocols Protocol about the areas under special protection in the Mediterranean sea This decision sets environmental conditions related to municipal waste storage and collection This decree specifies the terms for solid waste collection and disposal, including open dumping This decree distributes the liabilities toward nuclear pollution accidents This agreement develops environmental conditions for storage and disposal of solid waste for the protection of protected areas in the Mediterranean sea ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 13

23 Type of the text Legislative decree Number Date Subject/Title Description / Relation to solid waste management /6/1977 Law of municipalities Decree /17/1979 Decree /23/1980 Decree /22/1982 Establishing a committee called the General Institution for Establishing and Managing the Industrial Centers Classifying an industrial zone in Chouayfat and specializing it for the establishment of public service projects for the southern suburbs of the city of Beirut Specifying the basics of accounting in the municipalities and the unions of municipalities Decree /9/1983 Regulating bottled water and beverages industries Decision /8/1986 Law 64 12/8/1988 Decision of the Mayor of Beirut: protecting health in restaurants, coffee shops, food vendors Protecting the environment from hazardous materials and establishment of a Higher Council for Environmental Protection This legislative decree holds the local authorities responsible of municipal waste collection and disposal This decree assigns the General Institution for Establishing and Managing the Industrial Centers the role of protecting the environment of the industrial zones from waste pollution through promoting sound waste management This decree allocates the lands in Amrousieh that will be determined for the public services projects, including the waste disposal plants This decree specifies the solid waste expenses included in the budgets of the municipalities (i.e. transport of waste) This decree determines the permitting requirements for bottled water and beverages industries including solid waste management requirements This decision sets the requirements for sound solid waste management and gives the health authorities the responsibilities to monitor the implementation process This law regulates the production, handling and disposal of hazardous materials Decree /5/1991 Regulating the membership of the interior security forces This decree assigns the coastal areas unit the responsibility of combating sea water pollution from solid waste Law 121 9/3/1992 Establishing two natural reserves (islands facing Tripoli) This law banned waste dumping in the natural reserves Decree /10/1992 Amendment of the application decree of the construction law Law 216 2/4/1993 Establishment of the Ministry of Environment This decree determines the environmental requirements for waste storage containers in residential buildings This law assigns the ministry of the environment the responsibility of preparing plans to limit the sources of pollution including solid waste in addition to supervising waste treatment ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 14

24 Type of the text Number Date Subject/Title Description / Relation to solid waste management Law 294 2/22/1994 Decree /21/1994 International convention for specifying the responsibility of ships owners and its protocols Approving the agreement between the Council of Development and Reconstruction and the Lebanese Company for Developing and Reconstructing the Center of Beirut to fund and execute the infrastructure works in the down town and land reclamation from the sea Decree /30/1994 Organization of the Ministry of Environment Law /4/1994 Law /2/1994 Project agreement Loan Number 3899 Lebanon 6/9/1995 Decision 29/1 6/23/1995 Basel convention on the control of transboundary movement of hazardous wastes and their disposal Convention for Protecting the Mediterranean Sea's protocols signed in Barcelona 16/2/1976 Agreement on the Solid Waste Environmental Management Project (SWEMP) between the World Bank and the Council of Development and Reconstruction Decision of the Minister of the Environment: the environmental conditions for permitting the establishment and investment of dairy products industries This law holds the owners responsible of removing the parts of drawn ships from the sea This decree imposes on the Lebanese Company for Developing and Reconstructing the Center of Beirut to include solid waste collection facilities within the infrastructure in the downtown area This decree distributes the responsibilities of controlling solid waste pollution on the different services of the Ministry of Environment, including setting criteria for waste management, monitoring industrial and municipal waste disposal and controlling violations in this field This law defines the different types of wastes covered by the convention in addition to the environmental waste management principles. It also determines the obligations of the parties toward this convention. Finally it specifies the actions considered as violations of this convention This law discusses the obligation of parties to put standards, permits conditions for solid waste disposal, monitoring and evaluation activities, exchange of information concerning solid waste for the protection of the Mediterranean Sea This agreement imposes some conditions on the Council of Development and Reconstruction and the municipalities concerning the SWEMP project This decision defines solid waste produced from dairy products industries, sets conditions for waste management generated in these facilities, and assigns the Ministry of Environment the responsibility of setting the environmental conditions and imposing them when necessary, performing monitoring and the right to retrieve the permit in case of violation Decision 95 20/12/1995 Customs fees This decision determines the fees for importing the wastes of food industries ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 15

25 Type of the text Number Date Subject/Title Description / Relation to solid waste management Decree Approving the general plan for the industrial areas Law 501 6/6/1996 Loan agreement between the Government of Lebanon and the World Bank and the related projects agreements dated 6/9/1995 This decree sets permitting requirements for solid waste management in industrial areas This law discusses ways for enhancing the efficiency of environmental waste disposal Law 532 7/24/1996 Establishing a nature reserve (Chouf cedars) This law bans the waste dumping in the natural reserve Decision 52/1 7/29/1996 Decree /29/1996 Decision of the Minister of Environment: determining the standards and specific levels for limiting air, water and soil pollution Establishment of two departments for primary health care in the Ministry of Health Law /7/1996 Convention of civil liabilities for nuclear damage Decree /7/1996 Regulation and permitting of printed publicities Decision 71/1 5/19/1997 Decree /21/1997 Decree /11/1997 Decision /28/1997 Decision of the Minister of Environment: regulating the import of wastes Reorganization of the General Directorate of Urban Planning Organization requirements concerning public safety and protection from fires in buildings Decision of the Mayor of Beirut concerning car repair workshops and public parking for a fee Decree Approving the general plan for some areas This decision determines the maximum allowable levels of air emissions produced by municipal waste incineration This decree gives Ministry of Health the responsibility of monitoring waste disposal This law defines nuclear wastes and the related damages and determines the penal responsibility toward accidents during transport of hazardous wastes This decree forbids dumping of flyers and printed publicities on the public roads This decision regulates the import of wastes by setting import conditions and gives the Ministry of Environment the right to review the documents and monitor the use of the imported waste This decree gives the Directorate of Urban Planning the responsibility of studying and disposing of municipal waste This decree sets conditions for the isolation of waste incinerators established in residential buildings This decision sets conditions for collection and disposal of waste in public parking This decree sets permitting requirements including solid waste storage conditions in some Lebanese areas ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 16

26 Type of the text Number Date Subject/Title Description / Relation to solid waste management Decree Approving the general plan for some areas This decree sets environmental conditions for solid waste disposal in some Lebanese areas Law 9 2/20/1999 Establishing a natural reserve (Tannourine cedars) This law bans the waste dumping in the natural reserve Law 10 2/20/1999 Establishing a natural reserve in Yammouneh This law controls the waste dumping in the natural reserve Law 11 2/20/1999 Establishing a natural reserve in Bintael This law controls the waste dumping in the natural reserve Decree /9/1999 law 15 2/23/1999 Decree /10/2000 Decision 90/1 17/10/2000 Decree /15/2000 Customs Law Decision 29/ Setting the terms of agreements for the cooperation in the environmental field between the Ministry of Regional Municipalities and Environment in the Sultanate of Oman and the Ministry of Environment in Lebanon Loan agreement between the Lebanese government and the European Investment bank dated 10/9/1997 for funding waste water treatment in Tripoli Determining the general conditions for establishing and investing tourist establishments Decision of the Minister of Environment: the environmental conditions for permitting buildings within the protected areas near rivers under the protection of the Ministry of Environment Decision of the Minister of Environment: the environmental conditions for permitting the establishment and investment of dairy product industries This decree discussed the necessity of exchanging expertise in the field of solid and hazardous waste management This law imposes on the loan receiver to dispose the waste produced by the wastewater treatment plant This decree sets the permitting requirements for solid waste management for tourist establishments This decision defines solid waste produced from construction sites, it sets conditions for waste management generated by this sector, and gives the Ministry of Environment the responsibility of setting the conditions and imposing them when necessary, performing the monitoring patrols and the right to retrieve the permit in case of violation This decree starts by defining waste and waste generators in general, it organizes import of waste and the storage conditions in the public warehouses This decision defines solid waste produced by dairy products industries, sets conditions for waste management generated these facilities, and gives the Ministry of Environment the responsibility of setting the environmental conditions and imposing them when necessary, performing the monitoring patrols and the right to retrieve the permit in case of violation ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 17

27 Type of the text Number Date Subject/Title Description / Relation to solid waste management Decision 8/1 30/1/2001 Memo 3909/2001 3/31/2001 Decision 166/1 5/7/2001 Decree /17/2001 Decree /16/2001 Decision 60/1 10/9/2001 Decision 61/1 10/9/2001 Decision 3/1 12/1/2001 Decision of the MoE setting characteristics and standards related to air pollutants and liquid waste emitted from classified establishment and wastewater treatment plants Memo of the General Director of Customs: determining the import of products and their wastes and monitoring requirements and supervision over the processes Decision of the Minister of Agriculture: allowing the use and export of manufactured and thermally treated poultry leftover powder Amendment of the properties regulation in the Dakarman area Signing the terms of agreement and cooperation in the environmental field between the Syrian and Lebanese governments Decision of the Minister of Environment: the environmental conditions for permitting the establishment and investment of construction bricks industries Decision of the Minister of the Environment: the environmental conditions for permitting the establishment and investment of plastic industries Decision of the Minister of the Environment: the environmental conditions for permitting the establishment and investment of industries generating meat and poultry waste through cooking or dry fermenting Includes revised standards for municipal solid waste incinerators This memo regulates the import of waste producing products This decision defines wastes generated from poultry processing industries, it sets conditions for poultry leftovers treatment, it assigns the inspection task on this industry to a specialist and allows the use and export of leftovers The decree imposes on the waste treatment facility to perform a study for the protection of the public health This decree determines the necessity of exchanging information in the field of solid waste management between the Syrian and the Lebanese governments This decision defines solid waste produced by bricks industries, sets conditions for waste management generated these facilities, and gives the Ministry of Environment the responsibility of setting the environmental conditions and imposing them when necessary, performing the monitoring patrols and the right to retrieve the permit in case of violation This decision defines solid waste produced by plastic industries, sets conditions for waste management generated these facilities, and gives the Ministry of Environment the responsibility of setting the environmental conditions and imposing them when necessary, performing the monitoring patrols and the right to retrieve the permit in case of violation This decision sets conditions for meat and poultry waste management generated through cooking or dry fermenting facilities, gives the Ministry of Environment the responsibility of setting the environmental conditions and imposing them when necessary, performing the monitoring patrols and the right to retrieve the permit in case of violation ELARD SELDAS Matrix Construction and Reports Summary. UNESCO-Cousteau Ecotechnie Chair at the University of Balamand/ Ministry of Environment/ European Commission Life Third Countries Program ELARD in association with Envirotech and Tebodin 18