Ethiopian Federal Laws

A PROCLAMATION TO PROVIDE FOR HAZARDOUS WASTE MANAGEMENT AND DISPOSAL CONTROL

WHEREAS, hazardous waste are among one of the main environmental problems in our country;

WHEREAS, it is important to prevent and control problems of environmental pollution caused by the mismanagement and disposal of hazardous waste;

WHEREAS, creating a system to control the generation, storage, treatment, recycling and reuse, transportation, disposal and movement of hazardous wastes is of paramount importance to prevent harm to human and animal health as well as the environmental due to the mismanagement of hazardous waste;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE
GENERAL PROVISIONS

1. Short Title

This Proclamation may be cited as the “hazardous waste management and disposal control Proclamation No. 1090/2018”.

2. Definition

In this Proclamation:

1. "Bamako Convention" means the Bamako Convention on the Ban of the Import of hazardous waste into Africa and the Control of Trans-boundary Movement and Management of Hazardous Waste within Africa;
2. "Basel Convention" means the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal;
3. “disposal” means any hazardous waste disposal operation specified in Annex Three of this Proclamation;
4. “disposer” means any person who engaged in the disposal of hazardous waste;
5. "environment" means the totality of all materials whether in their natural state or modified or changed by humans, their external spaces and the interactions which affect their quality or quantity and the welfare of human or other living beings, including but not restricted to, land, atmosphere, weather and climate, water, living things, sound, odour, taste, social factors, and aesthetics;
6. “environmentally sound management of wastes” means taking all practicable steps to ensure that hazardous wastes are managed in a manner which shall protect human health and the environment against the adverse effects which may result from such wastes;
7. “exporter” means any person who exports hazardous waste out of Ethiopia;
8. “generator” means any person who generates hazardous wastes or, in case where the generator is not known, a person who knowingly or unknowingly possesses the hazardous wastes;
9. "hazard" means the inherent characteristics of a substance agent, or situation having the potential to cause adverse effects or damage to human or animal health, the environment, biodiversity and property;
10. “hazardous waste” means wastes that belong to any category contained in Annex One of this Proclamation, and possessed any of the characteristic contained in Annex Two; including those wastes that might be categorized as hazardous waste by the directive to be issued by the Ministry;
11. “importer” means any person who import a hazardous waste into Ethiopia;
12. "label" means a written, printed or graphic matter attached boldly to the immediate container of a hazardous and the outside container or wrapper of the immediate container;
13. “Ministry" or "Minister" means the Ministry or Minister of the Environment, Forest and Climate Change, respectively;
14. "person" means any natural or juridical person;
15. "pollution" means any condition which is hazardous or potentially hazardous to human health, safety, or welfare or to living things created by altering any physical, radioactive, thermal, chemical, biological or other property of any part of the environment in contravention of any obligation, limitation or restriction made under any other relevant law;
16. “recycle” means converting of hazardous waste into new materials for its new purpose;
17. "release" means discharging of hazardous wastes to the environment intentionally or negligently;
18. “responsible authority” means the Ministry of Environment, Forest and Climate Change and the responsible regional state or city administration authority;
19. “reuse” means an operation of re-using hazardous waste for its original purpose;
20. “storage facility” means a place designated for the storage of hazardous wastes;
21. “transporter” means a person engaged in the transportation of hazardous waste;
22. “treatment” means action taken to reduce or avoid hazardous impact of wastes;
23. "State" means any state referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia, and includes Addis Ababa and Dire Dawa city administrations;
24. any expression in the masculine gender includes the feminine.

3. Objective

This Proclamation shall have the following objectives:

1. Create a system for the environmentally sound management and disposal of hazardous waste;
2. Prevent the damage to the human or animal health, the environment, biodiversity and property due to the mismanagement of hazardous waste.

4. Scope of Application

This Proclamation shall apply to any:

1. waste that belong to any category contained in Annex One of this Proclamation, and waste possesses any of the characteristic contained in Annex Two; as well as on those wastes that might be categorized as hazardous waste by the directive to be issued by the Ministry;
2. person who generates, reuses, recycles, stores, transports, or disposes hazardous waste at large in nation.

PART TWO
MANAGEMENT OF HAZARDOUS WASTE

5. Cleaner Production Principles

Any producer shall adopt the following clean production principles to minimize hazardous waste:

1. minimize the release of hazardous waste by reducing or eliminating the hazardous substances in the raw materials during the production process;
2. monitoring the production process by:
   1. reducing the wastage in input and product;
   2. creating conditions necessary for the collection and reusability or recyclability of the product after its expiry period.

6. Responsibility of Hazardous Waste Generator

Hazardous waste generator shall have the following responsibilities:

1. collect, segregate and dispose or cause to be collected, recycled or disposed of hazardous waste by authorized body;
2. ensure that the container of hazardous waste are properly packed and conspicuously labeled with Amharic and English languages;
3. keep record on the type and quantity of hazardous waste that exist at the temporary hazardous waste storage facility; and show the record at any time when requested by inspector;
4. not to store a hazardous waste at a temporary storage facility for a period exceeding one month.

7. Labeling of Hazardous Waste

1. Any hazardous waste generator, collector, transporter or importer shall conspicuously label the hazardous waste.
2. The label of hazardous waste shall contain the following information:
   1. full address of the generator;
   2. type, quantity and characteristic of the hazardous waste;
   3. formal management and methods of management.
3. Any hazardous waste generator, collector, transporter or importer shall affix conspicuous warning or caution sign or text on the container in Amharic and English language or other languages of the country as may be necessary.

8. Transportation of Hazardous Waste

1. Any person seeking to engage in the transportation of hazardous wastes shall obtain authorization from the Ministry.
2. Where the applicant fulfills the requirements stipulated in the directives to be issued for this purpose, the Ministry shall issue the authorization within 30 working days; where the applicant fails to fulfill the requirements, he shall, notify in writing within 15 working days, either to submit additional document or the denial of the authorization.
3. When the applicant is dissatisfied with the decision he may submit his complaint to the Minister within 15 working days.
4. Any transporter of hazardous waste shall transport the wastes in a manner that does not affect the human and animal health or the environment or reusability and subsequent treatment of the hazardous waste.
5. Any person engaged in the transportation of hazardous waste shall train his drivers on the transportation and management of hazardous waste.
6. Any institution engaged in the transportation of hazardous wastes shall ensure that the consignment is adequately insured to cover liability ensuing from any harm to human or animal health or the environment that may result from any accidental release.
7. Anybody who infect and damage the environment, human and animal health during transportation, generation, collection, and reusing, recycling, treating as well as disposing process of hazardous waste, shall pay compensation for damage according to the provisions of pollution proclamation issued.
8. The authorization issued to any person pursuant to the provision of sub-article (1) of this Article shall be renewed every year up fulfilling the requirements stipulated in the directives issued for this purpose.

9. Documents Accompanying the Transportation of Hazardous Waste

1. Any transporter of hazardous wastes shall be accompanied by a document issued by the Ministry during transportation:
2. Without prejudice to sub-article (1) of this Article, the transporter shall accompany documents showing the following additional information:
   1. name, date, and full address of the initial and final destination of the consignment;
   2. scientific and common names of the hazardous waste;
   3. number and type of packages as well as the total quantity;
   4. full addresses of the consignor and consignee;
   5. information on safety measures to be taken in case of an accident.
3. The transporter shall have a duty to show the documents mentioned in sub-article (2) of this Article at any time to the inspector assigned by responsible authority.

10. Precautionary Measures to be Taken During Transportation

1. The driver who transports hazardous wastes, upon receiving the documents specified in Article 9, shall ensure that the consignment complies with the description contained in the documentation.
2. Any hazardous wastes being transported shall be secured with load restraint to prevent movement or spilling of the load during travel.
3. In the event of any accident during transportation of waste the driver shall take the following measures:
   1. secure the area around the vehicle and the spill;
   2. call emergency services;
   3. immediately notify the consignor, the consignee, and the responsible authority on the nature of the spill or accident.

11. Hazardous Wastes Storage

1. Any person seeking to engage in the storage of hazardous wastes shall obtain authorization from the Ministry.
2. Upon receipt of any application to secure authorization, the Ministry shall ensure fulfillment of the following requirements:
   1. adequate facilities and other necessary equipments are available for the safe storage of hazardous wastes;
   2. availability of adequate security and health and safety equipments.
3. Without prejudice to the requirements stipulated under sub-article (2) of this Article, the Ministry, as may be necessary:
   1. prepare procedures and other pre-requisites for the licensing of hazardous waste storage;
   2. issue requirements pertaining to the storage facilities of hazardous wastes in collaboration with the competent authority.
4. The applicant to obtain authorization for storage of hazardous waste shall, before commencing operation, enter insurance to cover liability for harm to human or animal health or the environment.
5. Where the applicant fulfills the requirements, the Ministry shall issue the certificate within 30 working days; where the applicant fails to fulfill the requirements, he shall, within 15 working days, be notified in writing either to submit additional document or denial of the authorization.
6. When the applicant is dissatisfied with the decision he may submit his complaint to the Minister within 15 working days.
7. The authorization issued to any person pursuant to the provision of sub-article (1) of this Article shall be renewed every two years up fulfilling the requirements.

12. Precautionary Measures During Storage

Any owner or administrator of a storage facility shall:

1. prevent the storage facility against unauthorised access;
2. ensure that all hazardous wastes stored on the premises are packed, labeled and segregated;
3. maintain data on the type, character and amount of any hazardous waste stored in the premise and ensure that the data are readily accessible to the inspectors;
4. ensure that emergency equipments are readily available to contain an accidents;
5. conduct daily inspection of the hazardous wastes stored on the premises by trained personnel to control the accidental release;
6. place an indicator to the boundary of hazardous waste storage facility;
7. ensure that the employees engaged in hazardous waste management has obtained appropriate training in the field.

13. Reuse of Hazardous Wastes

Hazardous wastes may be reused where it is proved that it does not cause harm to the human and animal health and environment.

14. Treating and Recycling of Hazardous Wastes

1. Any person seeking to engage in the treating and recycling of hazardous wastes shall apply to the Ministry and obtain authorization.
2. Any person submitted application to the Ministry pursuant to sub-article (1) of this Article shall be granted authorization when the fulfillment of the following preconditions are verified:
   1. complies with the requirements of registration set in the directives of the Ministry;
   2. that the recycling facility and its processes are acquiescent in accordance with the requirements set by the Ministry; and
   3. put in place a process that disposes the hazardous wastes generated during the treating or recycling process in an environmentally sound manner.
3. Where the applicant fulfills the requirements, the Ministry shall issue the authorization within 30 working days; where the applicant fails to fulfill the requirements, he shall, within 15 working days, be notified in writing either to submit additional document or denial of the authorization.
4. When the applicant is dissatisfied with the decision, he may submit his complaint to the Minister within 15 working days.
5. The authorization issued to any person pursuant to the provision of sub-article (1) of this Article shall be renewed every two years up fulfilling the requirements.

15. Treatment and Handling before Recycling and Disposal of Hazardous Wastes

1. During storage of hazardous waste, appropriate measures shall be taken to prevent the risks of breakage and potential exposure of substances of concern from improper handling.
2. To prevent or minimize potential risks, the recycling facility shall ensure that employees engaged in hazardous waste recycling duty has obtained appropriate training in the field.
3. Appropriate safety materials have to be fulfilled to ensure prevention of recycling and disposal facility employees.
4. Any person who engaged in the treatment of hazardous waste must inform to the Minister, the type, quantity and way of treatment of hazardous waste.

16. Disposal of Hazardous Wastes

1. The hazardous wastes must be discharged, if it proved recycling of the waste is impossible even after treatment.
2. Hazardous waste disposal activity shall be carried out according to Annex 3 description of this proclamation.

PART THREE
TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES

17. Trans-Boundary Movement of Hazardous Wastes

1. Any person seeking to engage in the trans-boundary transaction of hazardous wastes shall apply to the Ministry and obtain authorization.
2. Where the applicant fulfills the requirements prescribed in the directives of the Ministry, the Ministry shall issue authorization within 30 working days; where the applicant fails to fulfill the requirements, he shall, within 15 working days, be notified in writing either to submit additional document or denial of the authorization.
3. When the applicant is dissatisfied with the decision he may submit his complaint to the Minister within 15 working days.
4. The importation of any hazardous wastes shall be prohibited.
5. Without prejudice to the provision of sub-article (4) of this Article, the Ministry shall issue Directive for importation of hazardous waste only for identified purpose.
6. The Ministry shall ensure that the exportation of hazardous wastes from Ethiopia is in accordance with prior informed consent as stated in the Basel or Bamako conventions.
7. The authorization issued to any person pursuant to the provision of sub-article (1) of this Article shall be renewed every year up fulfilling the requirements.

18. Illegal Transaction of Hazardous Waste

1. In accordance with this Proclamation, the transaction of hazardous waste deemed to be illegal if:
   1. the transaction is conducted without authorization of the Ministry;
   2. the authorization has been obtained through fraud, presenting false document, or misrepresents the hazardous waste; or
   3. the transaction does not comply to the details provided in the movement documents; or
   4. contravenes the Basel Convention, international agreements ratified by Ethiopia, or other national laws relating to hazardous waste transaction.
2. In the case of illegal import of the hazardous wastes, the importer shall re-export the hazardous waste at his own cost within ninety days from the date of its arrival.
3. The Ministry, in collaboration with appropriate government organs, shall follow up and implement the provision of sub-article (2) of this Article.

PART FOUR
MISCELLANEOUS PROVISIONS

19. Inter-State Movement of Hazardous Wastes

1. Each Regional State shall minimize shipment and disposal of hazardous waste to other Regional State to the minimum possible.
2. The Ministry may authorize any inter-state transportation of hazardous waste when the responsible Regional Environmental Protection Authority in the destination Regional State has agreed on the transfer of the waste in writing.
3. Hazardous waste may be transported from one regional state or urban administration to another regional state or urban administration only if the recipient Regional State or Urban Administration has notified its consent to the sender in writing of its capacity to recycle or dispose of the waste in an environmentally sound manner.

20. Power to Suspend or Cancel an Authorization

1. The Ministry may suspend authorization of any person until realization of preconditions and requirements within 15 working days where the authorized person fails to comply with requirements and conditions of transportation, storage, recycling facility and its processes or trans-boundary movement of hazardous wastes or violates any provision of this Proclamation.
2. The Ministry may cancel the authorization or order immediate termination of authorization; if the person whose authorization is suspended pursuant to sub-article (1) of this Article fails to rectify the requirements and conditions within the suspension period.
3. Any person whose authorization has been suspended or canceled has the responsibility to manage the hazardous wastes properly.

21. Penalty

Unless it requires higher penalty under Criminal law, Whosoever:-

1. imports hazardous waste without the authorization of the Ministry shall be punished with rigorous imprisonment not exceeding five years, and with a fine not less than 500,000 Birr;
2. fails to re-export the hazardous waste imported without the authorization of the Ministry within 90 days shall be punished with rigorous imprisonment not exceeding five years, and with fine not less than 500,000 Birr;
3. pollutes the environment by illegally importing hazardous waste shall be punished with rigorous imprisonment not exceeding ten years, and with fine not less than Five Million Birr;
4. pollutes the environment by illegally importing hazardous waste, and fails to rehabilitate the environment shall be punished with rigorous imprisonment not exceeding 20 years, and with a fine not less than Ten Million Birr;
5. transports, stores or recycles hazardous waste without obtaining authorization from the Ministry and unrenewed authorization shall be punished with rigorous imprisonment not exceeding five years, and with a fine not less than 500,000 Birr;
6. discharges or dispose of a hazardous waste into the environment without treating shall, without prejudice to his obligation to treat the environment, be punished with rigorous imprisonment not less than five years and with a fine not less than 500,000 Birr;
7. provides incorrect information or in any other way impedes the activities of inspector shall be punished with rigorous imprisonment not exceeding five years and with a fine of not less than 50,000 Birr.

22. Transitory Provisions

Any person who has been engaged in the transaction of hazardous wastes before the coming into force of this Proclamation, shall comply with the preconditions and requirements provided in this Proclamation within six month from the date of coming into force of this Proclamation.

23. Power to Issue Regulations and Directive

1. The Council of Ministers may issue Regulation necessary for the implementation of this Proclamation.
2. The Ministry may issue Directive for the proper implementation of the provisions this Proclamation and Regulation issued under sub-article (1) of this Article.

24. Effective Date

This Proclamation shall enter into force upon the date of publication in the Federal Negarit Gazette.

Done at Addis Ababa, this 7th day of September, 2018
MULATU TESHOME (D.r)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

ANNEX I
CATEGORIES OF WASTES TO BE CONTROLLED

• wastes from medical care in hospitals, medical centers and clinics other institutions
• Wastes from the production and preparation of pharmaceutical products
• Waste pharmaceuticals, drugs and medicines
• Wastes from the production, formulation and use of biocides and phytopharmaceuticals
• Wastes from the manufacture, formulation and use of wood preserving chemicals
• Wastes from the production, formulation and use of organic solvents
• Wastes from heat treatment and tempering operations containing cyanides
• Waste mineral oils unfit for their originally intended use
• Waste oils/water, hydrocarbons/water mixtures, emulsions
• Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs)
• Waste tarry residues arising from refining, distillation and any pyrolytic treatment
• Wastes from production, formulation and use of inks, dyes,pigments, paints, lacquers, varnish
• Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives
• Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known
• Wastes of an explosive nature not subject to other legislation
• Wastes from production, formulation and use of photographic chemicals and processing materials
• Wastes resulting from surface treatment of metals and plastics
• Residues arising from industrial waste disposal operations
• Wastes having as constituents
• Metal Carbonyls
• Beryllium; beryllium compounds
• Hexavalent chromium compounds
• Copper compounds
• Zinc compounds
• Arsenic; arsenic compounds
• Selenium; selenium compounds
• Cadmium; cadmium compounds
• Antimony; antimony compounds
• Tellurium; tellurium compounds
• Mercury; mercury compounds
• Thallium; thallium compounds
• Lead; lead compounds
• Inorganic fluorine compounds excluding calcium fluoride
• Inorganic cyanides
• Acidic solutions or acids in solid form
• Basic solutions or bases in solid form
• Asbestos (dust and fibres)
• Organic phosphorus compounds
• Organic cyanides
• Phenols; phenol compounds including chlorophenols
• Ethers
• Halogenated organic solvents
• Organic solvents excluding halogenated solvents
• Any congenor of polychlorinated dibenzo-furan
• Any congenor of polychlorinated dibenzo-p-dioxin
• Organohalogen compounds other than substances referred to in this Annex

ANNEX II
LIST OF HAZARDOUS CHARACTERISTICS

• Explosives

  An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings.

• Flammable liquids

  The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5ºC, closed-cup test, or not more than 65.6ºC, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this definition.)

• Flammable solid

  Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction.

• Substances or wastes liable to spontaneous combustion

  Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire.

• Substances or wastes which, in contact with water emit flammable gases

  Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities

• Oxidizing

  Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials.

• Organic Peroxides

  Organic substances or wastes which contain the bivalent-o-o-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition

• Poisonous (Acute)

  Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact

• Infectious substances

  Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans.

• Corrosives

  Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards.

• Liberation of toxic gases in contact with air or water

  Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities.

• Toxic (Delayed or chronic)

  Substances or wastes, which if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity.

• Ecotoxic

  Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems.

• Capable, by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above

ANNEX III
DISPOSAL OPERATIONS

1. Operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses

   Section A encompasses all such disposal operations which occur in practice.

   • Deposit into or onto land, (e.g., landfill, etc.)
   • Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc.)
   • Deep injection, (e.g., injection of pumpable discards into wells, salt domes of naturally occurring repositories, etc.)
   • Surface impoundment, (e.g., placement of liquid or sludge discards into pits, ponds or lagoons, etc.)
   • Specially engineered landfill, (e.g., placement into lined discrete cells which are capped and isolated from one another and the environment, etc.)
   • Release into a water body except seas/oceans
   • Release into seas/oceans including sea-bed insertion
   • Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A
   • Physico chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A, (e.g., evaporation, drying, calcination, neutralization, precipitation, etc.)
   • Incineration on land
2. Operations which may lead to resource recovery, recycling reclamation, direct re-use or alternative uses

   Section B encompasses all such operations with respect to materials legally defined as or considered to be hazardous wastes and which otherwise would have been destined for operations included in Section A

   • Use as a fuel (other than in direct incineration) or other means to generate energy
   • Solvent reclamation/regeneration
   • Recycling/reclamation of organic substances which are not used as solvents
   • Recycling/reclamation of metals and metal compounds
   • Recycling/reclamation of other inorganic materials
   • Regeneration of acids or bases
   • Recovery of components used for pollution abatement
   • Recovery of components from catalysts