THE NATIONAL SOLID WASTE MANAGEMENT AUTHORITY PURPOSE & SCOPE OF WORK 1.0 Introduction The National Solid Waste Management Act 2001 has led to the establishment of a new entity called the National Solid Waste Management Authority (NSWMA) effective April1, 2002. This agency subsumes all the Parks and Markets companies that previously existed, namely: Metropolitan Parks and Markets Ltd. Southern Parks and Markets Ltd. North-eastern Parks and Markets Ltd. Western Parks and Markets Ltd. Central Parks and Markets Ltd. (operations already subsumed under Metropolitan Parks and Markets Ltd.) Whereas the focus of the Parks and Markets Agencies encompassed the management of solid waste, parks and markets, the NSWMA will focus solely on solid waste management at the national and regional levels. Solid Waste Management is an engineering science which includes the following: Determining patterns of waste generation and composition at the household, commercial, institutional and industrial levels Designing and implementing programmes to effect waste minimization and to promote recycling Optimising the collection of solid waste Promoting the containerisation of waste through adequate systems development Siting, designing, construction and operation of landfills and transfer stations Maintenance and operation of specialised equipment such as collection vehicles and heavy duty landfill equipment Developing and instituting cost recovery measures such as tipping fees at the landfills 2.0 Organization and Structure There are four (4) Regional Offices, one to serve each wasteshed. Wastesheds have been defined based on the most effective and feasible collection and disposal network that can be implemented.
These are: Current Name Metropolitan Parks and Markets Limited (MPM) North eastern Parks and Markets Limited (NEPM) Southern Parks and Markets Limited (SPM) Western Parks and Markets Limited (WPM) REGIONAL OFFICES Proposed Name MPM Waste Management Ltd. NEPM Waste Management Ltd. SPM Waste Management Ltd. WPM Waste Management Ltd. TABLE 1 PARISHES SERVED DISPOSAL SITES WITHIN EACH REGION Kingston, St. Andrew, Clarendon, St. Thomas, St. Catherine St. Ann, St. Mary, Portland Manchester, St. Elizabeth Trelawny, St. James, Hanover, Westmoreland Riverton Disposal Site in Kingston Church Corner in St. Thomas Doctors Wood in Portland Tobalski in St. Ann Hadden in St. Ann Martins Hill in Manchester Myersville in St. Elizabeth Retirement in St. James Grange Farm in Trelawny 3.0 Solid Waste Generation & Collection It is estimated that approximately 2500 tonnes/day of waste is generated across the island. Of this amount about 72% is collected, that is, approximately 1800 tonnes/day. The estimated generation and collection rates in the other wastesheds are as follows: TABLE 2 WASTESHED ESTIMATED GENERATION (tonnes/yr) ESTIMATED COLLECTION Percentage (%) Tonnes/yr Riverton 526,403 72 381,106 Retirement 166,951 69 115,815 Southwestern 122,202 48 59,736 Northeastern 129,940 56 73,535 The collection service that currently exists is a hybrid system in which public and private service providers share equally in the collection of waste islandwide. Within some wastesheds the state is the sole provider of solid waste management services. It is intended that this system will become fully privatised with the state playing a regulatory role thus offering greater opportunities to private entrepreneurs to become involved in solid waste management.
4.0 Disposal Many of the sites listed at Table 1 will be closed as they currently operate as dumps. It is proposed that each wasteshed will ultimately be served by a regional landfill and a network of transfer stations to facilitate the disposal of waste. Two of these regional sites have been identified and are undergoing improvements to upgrade them to landfills. These are the Riverton and Retirement disposal sites. Work is ongoing to finalise the locations of the other two regional landfill sites to serve the southwestern and northeastern wastesheds. This work is being done jointly by the Project Executing Unit (PEU) in the Ministry of Local Government, Community Development and Sport and the NSWMA. The Government will be responsible for landfill development in the medium to long term. When the disposal sites begin to operate as landfills, the management of these facilities may be divested. With the introduction of transfer stations 1, greater efficiencies will be realised in the collection of waste. Trucks will collect closer to the source of waste generation, thus decreasing the time spent hauling waste to the disposal sites. Transfer stations will be located in close proximity to communities from which waste is collected. From these stations, a long-haul vehicle will transport waste to the regional disposal site. This system will provide better collection coverage and less wear and tear on collection vehicles. In addition to the development of regional landfills, the proliferation of open dumpsites across the island will be closed. The first three that are slated for proper closure are Mount Eagle disposal site in Westmoreland, Lakespen in St. Catherine and Mineral Heights in Clarendon. 5.0 Customer Service and Community Relations The Authority intends to promote behaviour change through public education programmes and community outreach programmes. This mechanism together with the enforcement of new and more punitive legislation will be used to improve the cleanliness and aesthetics of our country. 6.0 Legislation The National Solid Waste Management Act, 2001 was developed to improve on the historically fragmented legislation which existed. Additionally the Act has resulted in a single entity being the principal regulator of the solid waste sector. While the Act has led to the establishment of the Authority there are still many regulations which need to be developed to give functionally to the entity. 1 Transfer station a facility located near to the source of generation of solid waste where collection vehicles deposit waste. Larger vehicles collect waste from these transfer stations and convey the solid waste to the landfill.
Regulations under the Act are to be developed to cover the following areas: Standards and recommended practices for solid waste management and solid waste disposal facilities Minimum design standards for solid waste disposal facilities Licencing disposal facilities Waste minimization and recycling Procedures for measuring, frequency of collection and disposal, analysis and extraction of solid waste The establishment of zones and boundaries Fees and other charges payable in respect of any licence or for any service provided by the Authority. Keeping records Closure and post closure operation for solid waste disposal facilities Any other matter under the Act required to be prescribed 6.1 Issues of focus for the Authority 6.1.1 Littering Littering means solid waste in any public place and includes any refuse, rubbish bottles, glass, debris, dirt, rubble, ballast, stones noxious or contained substances or waste matter or any other matter likely to deface make untidy, obstruct or cause a nuisance in a public place. This is the most widespread and possibly one of the most difficult issues to tackle. A two fold approach will be taken to address the littering problem: Punitive fines for breaching the regulations and Public education to behaviour change The Litter Act was repealed with the enactment of the National Solid Waste Management Act, 2001. Provisions related to litter are included in the new Act and regulations to enforce these provisions are at an advanced stage of development and should be gazetted by June 2003. A ticketing system will be used to levy a fixed penalty on persons found littering. They will be required to pay the penalty at any collectorate within a specified period. Failure to pay the penalty within the given period will result in the issuance of a summons to appear before the Resident Magistrate. 6.1.2 Illegal Dumping This is the placement of bulk waste in any place not designated by the Authority for the disposal of waste and in a manner that contravenes the intent of the Act. This is a breach that can be addressed under the Act without the need for additional regulations.
The Authority is currently defining the administrative and enforcement systems required to deal with these cases in a systematic way. Inspectors employed to the Authority will play a major role in enforcing illegal dumping. The procedures for inspectors are to be finalised and training will be conducted thereafter. Training is essential to ensure that evidence is collected properly and reports are comprehensive and that no action is taken which is outside the powers granted to an authorised officer under the Act. 6.1.3 Illegal vending This matter is currently with the Attorney General s Office as clarification has been sought about the jurisdiction that the Authority has over illegal vending, particularly the removal of the wares of illegal vendors which under the broad definition of litter in the Act could be so categorised. Until a final opinion has been issued by the Attorney General s Office on the matter, the Authority will only assist the Local Authorities and the KSAC with the removal of vendors. 6.1.4 Licencing disposal facilities The Authority will licence collection vehicles, disposal sites and recycling facilities. Once licences have been granted, the Authority is obliged to carry out the necessary inspections from time to time to ascertain if the conditions of the licence are being met. Under the Act the Licensee will be required to keep a log book that is also subject to inspection from time to time by NSWMA Inspectors. It will take at least 6 months for the licensing system to be established as the drafting instructions for this regulation are still being prepared. 6.2 Enforcement The municipal police force, an amalgamation of the environmental wardens and the Island Special Constabulary Force (ISCF), is to be the principal enforcement body for the solid waste legislation. The Authority itself will have a relatively small inspectorate that will oversee the general status of zones within each wasteshed as it relates to the collection of waste, operation of licenced disposal facilities and any solid waste activity that is in breach of the legislation. There will also be a small team of Investigators within the Authority specially trained to: investigate complaints, identify the source of waste associated with illegal dumping audit/monitor the operations of disposal facilities such as landfills and recycling facilities based on the requirements of their licence 6.3 Collaboration with NEPA and other Ministries Discussions have already begun with NEPA on the need to collaborate on a number on issues related to solid waste management to prevent unnecessary overlap in the
execution of our respective mandates. Areas for collaboration include but are not necessarily limited to: Enforcement NEPA s Permit and Licence system and NSWMA s Licencing system to be introduced Site visits in respect of complaints or associated with the processing of applications The Authority also will work closely with NEPA and the Local Authorities to coalesce physical planning activities to ensure optimal collection zones that will facilitate efficient and effective garbage collection and the appropriate siting of disposal facilities and transfer stations. Close interaction will take place with the Ministry of Environment and the Ministry of Health on policy and operational matters related to the hazardous waste and medical waste respectively. 7.0 Conclusion The National Solid Waste Management Act, 2001 and the new institutional arrangements have provided us with an opportunity to improve solid waste management in Jamaica. Some of the changes will not be instantaneous but will instead evolve over time. It is known that clean and aesthetically pleasing environs have the effect of increasing people s well-being and reducing conflict and crime. To this end we look forward to your support in meeting the challenge of cleaning up the country as this may actually make your work easier in other areas. We view you as our partners in making sure that our country is a clean and healthy place for not only us but for future generations. May 11, 2003 Ianthe Smith Consultant National Solid Waste Management Authority 61 Half Way Tree Road Kingston 5
Appendix 1 SUMMARY OF THE NATIONAL SOLID WASTE MANAGEMENT AUTHORITY ACT, 2001 1. This Act establishes the National Solid Waste Management Authority which will be responsible for: 6.0 Taking all necessary steps to ensure effective management of solid waste in Jamaica in order to safeguard public health. This includes the proper collection, transportation, storage, recycling, reuse and disposal of solid waste 7.0 Promoting public awareness 8.0 Advising the Minister on matters of general policy 2. Authority has the powers to: Convert existing dumps into sanitary landfills Define, develop and manage new sanitary landfills and other solid waste disposal operations Provide facilities for the collection, treatment and disposal of solid waste Institute measures to encourage waste reduction and resource recovery Introduce cost recovery measures for services provided by or on behalf of the Authority Establish procedures and develop, implement and monitor a national plan and other plans and programmes related to solid waste management Formulate standards, guidelines and codes of practice relating to solid waste management and monitor compliance with such standards, guidelines and codes Initiate, carry out or support, by financial means or otherwise, research which in its opinion is relevant to any of its functions Conduct seminars and provide appropriate training programmes and consulting services and gather and disseminate information related to solid waste management Define the minimum specifications of equipment used for solid waste management Designate authorized officers 3. In order to facilitate the close working relationship that will be required with Local Authorities, the Authority may designate any of its functions under the Act to any Local Authority, member, officer or agent of the Authority, except the powers to make regulations. 4. Other persons or organizations that have responsibilities related to solid waste management will need to consult with the Authority before taking a final decision on their matter. 5. The Authority will be headed by an Executive Director
6. The expenses of the Authority, including remuneration for employees, are to be paid out of the funds of the Authority. The Authority may invest funds not immediately required to meet expenses upon the approval of the Minister. 7. Annual audits of the accounts are required 8. The Authority may appoint inspectors from time to time to facilitate the enforcement of the provisions of the Act and associated regulations. 9. A licence will be required to operate a disposal facility and to provide collection and transfer services. The licence can be revoked if the licensee fails to comply with the provisions of the Act or associated regulations 10. The licensee will need to provide financial assurance in the form of a bank guarantee, trust fund, bond, line of credit, management escrow account or other acceptable form in the event of damage that may occur as a result of the operation of a disposal facility. This damage may include environmental damage and associated cleanup costs. 11. If the licensee fails to carry out the cleanup activity, the Authority may do so and recover funds by making a claim on the financial assurance provided. 12. The Authority may provide receptacles for the purposes of recycling, either free of charge or with a cost and subject to specific conditions as to how they are to be used. 13. The Authority shall provide and maintain receptacles in public places for litter 14. Unlawful removal of waste from a disposal facility or tampering with any disposal facility or place where solid waste is stored results in summary conviction before a Resident Magistrate to a fine not exceeding $500,000 or for a term not exceeding 6 months in prison. 15. Disposal of solid waste in a manner not approved of by the Authority or operating an unlicenced disposal facility will result in summary conviction before a Resident Magistrate to a fine not exceeding $1,000,000 or for a term not exceeding 9 months in prison. 16. Littering including graffiti or the sticking of posters and bills in public places will result in the person being ticketed and he/she will have to pay a fine in accordance with the sum indicated on the ticket. The person who employed/recruited the person to stick the bills or posters also commits an offence and is subject to similar penalties. 17. Proceedings can be taken against Directors, Managers, Secretaries or other officers of a Corporate Body, if the Corporate Body is found to have committed an offence under this Act or associated regulations.
18. If the Authority is of the opinion that a solid waste disposal facility is likely to have an adverse impact on the environment, it shall refer the matter to the National Environment & Planning Agency. 19. Enforcement notices may be issued against non-conforming activities. 20. There is a process of appeal to an Appeals Tribunal appointed by the Minister regarding Enforcement Notices 21. There is a process of appeal to the Minister if licences are not granted or if they have been suspended or revoked. 22. Authorized officers may enter premises where solid waste operations are carried out and inspect the facility and any relevant records and may seize and detain any equipment that is being used in contravention of the Act or associated regulations. 23. An authorized officer, with a warrant issued by a Resident Magistrate, may search a vehicle, aircraft or vessel if it is suspected of being used to commit an offence under this Act or associated regulations by an authorized officer. 24. The National Solid Waste Management Authority can make regulations under this Act in relation to the following matters: The carrying into effect of standards and recommended practices for solid waste management and solid waste disposal facilities Minimum design standards for solid waste disposal facilities Licences Waste minimization and recycling Procedures for measuring, frequency of collection and disposal, analysis and extraction of solid waste The establishment of zones and boundaries Fees and other charges payable in respect of any licence or for any service provided by the Authority. Keeping records Closure and post closure operation for solid waste disposal facilities Any other matter under the Act required to be prescribed 25. The Act binds the Crown. 26. The Litter Act is repealed.