Translation

LAW NO. (21) OF 2005 FOR WASTE MANAGEMENT IN THE EMIRATE OF ABU DHABI

We Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Emirate, After having perused Law No. (1) of 1974 concerning the reorganization of the governmental body in Abu Dhabi Emirate and its amendments, and Law No. (2) of 1971 concerning the National Consultative Council and its amendments, and Law No. (4) of 1998 concerning Medical Wastes of Health Care Facilities in the Emirate of Abu Dhabi, and Law No. (6) of 2004 concerning the Reorganization of the Financial Audit body, and Law No. (16) of 2005 concerning the Restructuring of the Environment Agency - Abu Dhabi, and Federal Law No. (35) of 1992 concerning the Issuance of Penalty Procedures Law, and Federal Law No. (7) of 1993 concerning the Establishment of the Federal Environmental Agency and its amendments, and Federal Law No. (24) of 1999 concerning the Protection and Development of the Environment, and Based on what was presented to and approved by the Executive Council, we hereby issued the following law:

Law No. (21) of 2005 for Waste Management in the Emirate of Abu Dhabi

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CHAPTER I
DEFINITIONS ARTICLE 1 In implementation of the provisions this law, the following words and phrases shall bear the meanings given opposite each, unless the context otherwise requires. Emirate: Government: Competent Authority: Concerned Parties: The Emirate of Abu Dhabi. Government of Abu Dhabi. Environment Agency Abu Dhabi. The governmental or private authorities which have facilities for waste treatment and disposal or those authorities whose activities generate waste.

Environmental service providers: The parties operating in the field of collection, transport, storage, recycling, processing and disposal of wastes. Wastes: Includes the ordinary, medical, industrial, hazardous and other types of waste.

CHAPTER II
RESPONSIBILITIES OF THE COMPETENT AUTHORITY ARTICLE 2 The Competent Authority shall assume enhancement of waste management within the Emirate, through reduction of the generated waste, recycling and reuse of the same and providing solutions for the treatment of different types of waste as well as setting out the priorities and best practices for disposal thereof, in coordination with the concerned parties if necessary, particularly to carry out the following: 1. 2. Environmental permitting of facilities and activities relevant to waste and permitting of Environmental Services Providers. Review and approval of the methods, mechanisms and technologies of handling, storage, treatment, and disposal of waste which are proposed by the concerned parties. Assessment of the existing facilities with the relevant concerned
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3.

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parties, permitting of such facilities and modifying their situations if necessary. 4. 5. Revision and approval of environmental operation, maintenance and emergency plans of waste storage, treatment and disposal facilities. Specify the general requirements for waste management and handling at the Emirate's level through co-ordination with the concerned parties if necessary. The Competent Authority shall identify the regulations, codes of practice and guidelines that cover all the necessary and required procedures for waste management and handling. Review and approval of the regulations, codes of practice and guidelines prepared by the concerned parties, and ensure compliance with all of the regulations and guidelines. Monitoring compliance with relevant laws, bylaws and regulations through inspection of the public and private concerned facilities and auditing of relevant regulations and procedures set out by the concerned parties. Follow up implementation of this law, in coordination with concerned parties through: a. Proposal and follow up the execution of necessary measures to encourage the private sector to execute waste management projects b. Review of the environmental issues relating to waste and finding appropriate solutions. c. Educating the public on health and environmental risks of waste and hazardous wastes. d. Forming technical and administrative committees as required for waste management at the level of the Emirate.

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CHAPTEER III
RESPONSIBILITIES OF THE CONCERNED PARTIES ARTICLE 3 The concerned parties shall endeavor to enhance waste management within its waste generating or recipient sectors through provision of efficient and integrated systems and solutions for management, storage, treatment and disposal of all types of waste, in order to achieve requirements of approved systems, codes of practice and guidelines through the following:

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1. Study of their sector requirements in order to select appropriate means, technologies, installations, and facilities along with the preparation of economic feasibility studies if necessary. 2. Provide adequate facilities for storage, treatment, and disposal through their own capabilities or through the private sector. 3. Enforce their waste generating facilities to abide by the implementation of the obligations stipulated in Article (5) of this Law. 4. Enforce their facilities and affiliated parties that transport waste to abide by the codes of practice and guidelines related to licensing of waste transport vehicles and the regulation and monitoring of transport operations. 5. Enforce their storage, treatment and disposal facilities to abide by the implementation of stipulations of Article (6) of this law. 6. Restrict waste collection contracts to Environmental Service Providers permitted by the Competent Authority. 7. Prepare any additional necessary regulations, code of practice, or guidelines and approve them from the Competent Authority. 8. Submit periodical reports to the Competent Authority on extent of progress in waste management 9. Provide organizational structures, workforce and necessary financial capability to achieve sound waste management. ARTICLE 4 The concerned parties must coordinate with the Competent Authority on matters related to waste management for which no provision is provided herein. The concerned parties may establish a waste management system approved and subject to review by the Competent Authority.

CHPATER IV
RESPONSIBILITIES OF WASTE GENERATORS ARTICLE 5 Waste generators must comply with the following: 1. Reduce the generated waste by means of implementing the regulations, methods, techniques and alternatives approved in the Emirate for classifying, sorting, reusing or recycling of waste.
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2. Classify the generated waste to hazardous and non-hazardous waste as indicated in the approved relevant guidelines. 3. Enforce its waste generating facilities with the occupational health and safety requirements, with all relevant regulations, guidelines and codes of practice, and to comply with the regulations set out by the Competent Authority in this regard. 4. In case of transporting waste, must comply with the codes of practice and guidelines for licensing of waste transport vehicles and the regulation and monitoring of transport operations. 5. In case of establishing facilities for storage, treatment or disposal of waste, the provisions of Article (6) of this law must be complied with. 6. In case of contract with the private sector for transporting, storage, treatment or disposal of waste, the following must be carried out: a. Restrict waste contracts to Environmental Service Providers permitted by the Competent Authority. b. Inform parties interested in contracting of all wastes that are classified as hazardous wastes, and furnish such parties with all the data available therewith on the description and specifications of such wastes. c. Medical or hazardous waste must not be delivered to any party interested in contracting unless such parties specify the means that they shall apply on such waste and provide the approval of the Competent Authority. d. Complete delivery and transport of wastes as per the approved regulations and guidelines.

CHPATER V
RESPONSIBILITIES OF THE STORAGE, TREATMENT AND DISPOSAL FACILITIES ARTICLE 6 1. The concerned and private parties desirous of providing facilities for waste treatment and disposal must comply with the following: a. Obtain preliminary approval from the Competent Authority on the methods, installations and facilities.

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b. Draw up a design report for each new facility or existing facility that is modified or closed, whereby such report shall cover all design aspects and their extent of coverage of requirements of the related laws, and obtain the competent authority approval thereon. c. Provide a study for the environmental impact assessment of the new installations and facilities and obtain an environmental permit therefore, including approval of the Competent Authority on the sites selected for construction. 2. 3. Storage, processing and disposal facilities must comply with the approved regulations, codes of practice and guidelines. Storage, treatment and/or disposal facilities must not receive any hazardous waste shipment except after obtaining the approval of the competent authority on the site and methods to be used. The competent authority may issue an annual approval for disposal of recurrent shipments of the same kind of hazardous wastes through regulations laid down for such purpose. Parties that possess environmental systems approved by the Competent Authority may undertake the execution of clauses (3) and (4) of this Article provided that the Competent Authority obtain periodical reports on such activities.

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CHPATER VI
RESPONSIBILITIES OF ENVIRONMENTAL SERVICE PROVIDERS ARTICLE 7 Environmental Service Providers in the Emirate of Abu Dhabi must abide by the following: 1. Obtain a permit from the Competent Authority prior to practicing such activity. 2. Refrain from handling any kind of wastes without obtaining a permit for it. 3. Provide the material capabilities and human resources requisite to deal appropriately with the permitted wastes.
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4. Work to reduce generated waste and seek systems, techniques and methods to sort out, re-use and recycle wastes, monitoring progress in this regard. 5. In practicing waste collection and transportation, abide by the codes of practice and guidelines related to licensing of waste transport vehicles and regulation and monitoring of transport operations. 6. Prepare and apply plans for the provision of occupational health and safety requirements, and for confronting pollution, spill, accidents and environmental emergency situations. 7. Train employees on the sound handling of wastes, especially in emergency cases. 8. The requirements of Article (6) hereof must be complied with in the event of establishing facilities for the storage, and/or treatment, and / or disposal of wastes. 9. Keep records showing kinds of wastes that are handled, their sources and quantities, any treatment operations carried out thereon, analysis results prior to and following the treatment, and waste recipient for disposal, and furnish the Competent Authority with periodical reports. 10. Abide by the requirements of relevant codes of practice and guidelines.

CHAPTER VII
CONTROL, INSPECTION AND PENALTIES ARTICLE 8 1. The Minister of Justice in agreement with the chairman of the competent authority or his deputy, shall issue a resolution to determine authoritys staff who are authorized to act as Judicial Enforcement Officers for the inspection of facilities, sites, projects etc.. to ascertain their compliance with laws provisions. 2. Inspectors of the Competent Authority who are authorized to act as Judicial Enforcement Officers shall have the right to access all sites and facilities that generate, handle, treat and dispose waste of all kinds at any time, and to prepare inspection reports and issue violations. Facility owner shall cooperate with inspectors

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and facilitate their access to all facility divisions or projects, and provide them with all the required information. 3. Concerned parties that have approved environmental system duly verified by the Competent Authority may inspect its sites and facilities that generate, handle, treat and dispose waste and hazardous waste. 4. Competent Authority inspectors shall have the right to cease activity of any facility or to prohibit usage of any material, tool or machine if continuation of such activity or usage results in negative impacts on health and safety of human beings and the environment. ARTICLE 9 1. Without prejudice to any severer penalty stipulated by any other law, anyone violating provisions of this law shall be penalized by imprisonment and a fine not less than five thousand dirhams but not exceeding ten thousand, or one of these said penalties. A judgment on forfeiting the violating materials, equipment and machines stipulated in article (8) herein, may be issued. Upon repetition of violations, the penalty shall be doubled. 2. At all cases, violator must remove the effects of the violation at the date determined by the Competent Authority, and in case violator failed to do so, the Competent Authority shall remove the same at the cost of the offender. 3. Any party causing damage to the environment due to its act or negligence, shall bear the costs required for rectifying the same.

CHAPTER VIII
FINAL PROVISIONS ARTICLE 10 1. The Chairman of the Board of the Competent Authority or his deputy shall issue the regulations, rules, guidelines, codes of practice and executive resolutions required for implementing this Law. 2. The Competent Authority shall propose a schedule of fees prescribed on activities subject to this law and present them to the Executive Council for approval.

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ARTICLE 11 Law No. (4) of 1998 concerning Medical Waste of Healthcare Facilities in the Emirate of Abu Dhabi shall be cancelled as well as any provision in contravention of the provisions of this law. ARTICLE 12 This law shall be published in the official gazette and shall be effective as of date of publication.

(Signed) Sheikh Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Emirate

Passed by us in Abu Dhabi on 10 September 2005 (Shaban 6, 1426).

IMPORTANT NOTE THIS IS AN ENGLISH TRANSLATION OF THE ORIGINAL ARABIC TEXT OF THE LAW. IN CASE OF ANY DISCREPANCY, THE ARABIC VERSION SHALL PREVAIL.

Law No. (21) of 2005 for Waste Management in the Emirate of Abu Dhabi