Best Practices for Solid Wastes Management


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A presentation on effective solid wastes management for the Lagos Metropolitan Development and Governance Project

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Best Practices for Solid Wastes Management

  1. 1. Regulatory Framework, Theories and Best Practices in Effective Solid Waste Management By Dr.(Mrs.) Felicia Chinwe Mogo Contact me: LinkedIn: Felicia Chinwe Mogo Ph.D(Ecology /Ecotoxicology),M.Sc(Ecotoxicology/Environmental Science and Technology),PGD(Environmental Sciences and Technology) & Head, Oil and Gas Division, Federal Ministry of Environment Lagos Zonal Office Surulere Lagos. At the occasion of the two day workshop on effective solid waste management organised by Tall and Wide Company Limited (coordinating consultants to the Lagos state metropolitan and development governance project (LMDGP) for the officials of LAWMA).
  2. 2. Background Information • Solid waste management is a big challenge all over the world especially in developing countries where there is little or no capacity to manage wastes. With its attendant impact on human health and environment, the need for its effective and efficient control became apparent. • Waste management objectives: • The primordial objective of waste management is to improve public health as it was a response to epidemics assumed to be related to waste disposal • This is evident in Provost of Paris’s Ordinance of 1348 in France, UK Urban Sanitary Act of 1888, the Rivers and Harbours Act of 1899 in the USA, and the Nigerian Public Health Act of 1917. • Waste materials that are transferred to remote locations subsequently manifested that with time they interact with the environmental media and indirectly affects man. • This further necessitated protection of remote environment (from the degrading impact of waste): extending waste management into environmental protection
  3. 3. The concept of Waste management Regulation Waste management regulatory system essentially consists of three components: The legal framework (the law) Enforcement mechanism (implementation instruments & institutions), and Compliance mechanism (infrastructure & measures to ensure their use)
  4. 4. The concept of Waste management Regulation • Waste Law is a social mechanism to ensure that actions in waste management that do not benefit the society are less convenient to undertake. • Statutes are laws made by the law making organs of a Nation; it also includes their derivatives, international agreements, conventions and protocols ratified by the Country.
  5. 5. History Of Some NATIONAL WASTE MANAGEMENT LAWs • The origin of British waste management law has been traced back to 1388 with a Act of • Richard II: removal of refuse on pain of forfeits, however legislators were not particularly active in • environmental law, or in waste management law as a subsidiary of environmental law, up until the mid 19th century. • Germany • Up until the early 1970’s, the responsibility for waste management in Germany rested with the • municipalities, and federal responsibility for the environment rested with the Minister of Health. The • German Constitution prescribed broad legislative roles for the states, with the federal government to • only legislate where explicitly provided for. The management of waste was not one of these roles. • This arrangement became untenable in the 1970’s, and the Constitution was amended in 1972 to • include “garbage collection” as an area of concurrent (shared with the states) legislation. Shortly • thereafter, the federal Waste Disposal Act 1972 was introduced. • Amongst other things, the Act required waste to be treated at large, centralised waste disposal plants, • Netherlands • Whilst the Nuisance Act 1875 is reported to be the first piece of Dutch legislation to deal with the • issues arising from waste management, waste was not explicitly dealt with in legislation until the Waste • Substances Act 1977 (WSA). The WSA was part of a broad suite of legislation developed to cover • discrete sectors of the environment such as surface waters, air, chemical waste and noise. • Environmental regulators soon came to recognise that sectoral environmental legislation served to • inhibit the resolution of increasingly inter-related environmental problems.
  6. 6. History Of Some INTERNATIONAL WASTE MANAGEMENT LAW Cont’d. United States of America • The law around waste management in the US began to slowly crystallise with the litigation between the State of New Jersey and the City of New York in the early 1930s. It wasn’t until the 1960s that the federal legislature decided to get involved in waste management. Rather than centralising waste planning, the federal Solid Waste Disposal Act 1965 provided for “a national research and development program into improved methods of disposal”, and a programme of technical and financial assistance to state and local governments. The real work was to remain with the states. This response was further strengthened in 1970 with the Resource Recovery Act 1970, which required an extensive investigation into resource recovery by the executive branch of government. In a nut shell, there is limited specific action on waste management in international law, with two key sources of international law being suggestive of the international waste management law regime: international custom and treaties.
  7. 7. Inference from the review of Global Development of Waste Management Law • The development of waste management law has followed a number of different paths around the world. • There are clearly a number of reasons for this; one of the reasons considered here is the legal system in the respective States. • The current focus for regulatory discourse surrounding the management of municipal solid waste is one of resource efficiency. • This transition has varied between States. The American experience of state-based approaches to waste legislation can be contrasted with the European supranational legislative coordination, just as common law “bottom up” approaches can be contrasted with civil law “top down” system
  8. 8. History Of Some INTERNATIONAL WASTE MANAGEMENT LAW Cont’d. • The regulation of waste management services demands more than that of normal commercially driven services. • This is because of the associated human and environmental risks: consequently, this industry is among the most controlled sector of most national economies • The functions of waste regulatory system include; allocation of liabilities, roles and responsibilities amongst different levels of government, and the other members of the waste management chain.
  9. 9. Some International Instruments of Intervention • The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal • The prior informed consent (PIC) procedure in the London Guidelines for the Exchange of Information • Bamako Convention on the Ban of the Import Into Africa and the Control of Trans-boundary Movement and Management of Hazardous Wastes Within Africa
  10. 10. Some International Instruments of Intervention THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS(MARPOL 73/78) • This Convention is the main international framework covering prevention of marine pollution(MARPOL) by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978respectively with series of amendments through the years. • The objective of this Convention is to control marine pollution and, ship and port waste management
  11. 11. Environmental regulation in Nigeria • The basis of environmental policy in Nigeria is contained in the 1999 Constitution of the Federal Republic of Nigeria. Pursuant to section 20 of the Constitution, the State is empowered to protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria. In addition to this, section 2 of the Environmental Impact Assessment Act of 1992 (EIA Act) provides that the public or private sector of the economy shall not undertake or embark on or authorise projects or activities without prior consideration of the effect on the environment. • The Federal Government of Nigeria has promulgated various laws and Regulations to safeguard the Nigerian environment. These include: • Federal Environmental Protection Agency Act of 1988 (FEPA Act). The following Regulations were made pursuant to the FEPA Act: – National Environmental Protection (Effluent Limitation) Regulations: • National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations; and • National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations
  12. 12. Environmental regulation in Nigeria • The Harmful Substance Act is only an instrument domesticating Basel Convention and so relates to the importation and export of Hazardous waste in addition to illegal dumping. • Waste management regulations S.I. 15 of 1991: This regulates the collection, treatment and disposal of solid and hazardous waste from municipal and industrial sources and gives the comprehensive list of chemicals and chemical wastes by toxicity categories. • The EIA Act and its derivatives are comprehensive in respect to development of waste management facilities. • Sanitation Laws of the States are more of ensuring public health.
  13. 13. Nigeria and Environmental regulation • NESREA Acts made jurisdiction a complex issue as the States/Local Govt have no specific role in environmental/waste management. In most countries, Federal Government develops framework while the control power (including issuance of non-mandatory guidance) is delegated to the States (e.g. USA, Germany and Japan). In the UK, the Counties are largely responsible.
  14. 14. Nigeria and Environmental regulation • Harmful Wastes (Special Criminal Provisions etc.) Act of 1988. • The Federal Ministry of Environment (FME) administers and enforces environmental laws in Nigeria. It took over this function in 1999 from the Federal Environmental Protection Agency (FEPA), which was created under the FEPA Act. FEPA was absorbed and its functions taken over by the FME in 1999. • Other regulatory agencies with oversight over specific industries have also issued guidelines to regulate the impact of such industries on the environment such as the Environmental Guidelines and Standards for the Petroleum Industry in Nigeria (EGASPIN) 2002, published by the Department of Petroleum Resources (DPR). • However, pursuant to the FEPA Act, each State and local government in the country may set up its own environmental protection body for the protection and improvement of the environment within the State. Each State is also empowered to make laws to protect the environment within its jurisdiction. All the States have environmental agencies and State laws; e.g. Abuja, the Federal Capital Territory has issued the Abuja Environmental Protection Board (Solid Waste Control/Environmental Monitoring) Regulations 2005 ("the Abuja Environmental Protection Board Regulations") which principally governs solid waste control in Abuja. In Lagos State, the Lagos State Environmental Protection Agency Law, was enacted to establish the Lagos State Environmental Protection Agency (LASEPA). The Lagos State Wastes Management Authority (LAWMA) is responsible for solid wastes management.
  15. 15. Nigeria and Environmental regulation • Environmental Permits • The different pieces of legislation on the protection of the environment contain provisions for the issuance of environmental permits. Such permits are required for all potentially environmentally sensitive activities and are typically granted by the FME and the relevant State agencies. Specific legislation on permits include the Radioactive Waste Management Regulations 2006 which provides that any person generating or managing radioactive waste must apply for and obtain a permit from the Nigerian Nuclear Regulatory Authority; the FEPA Act and the regulations made there under. • The National Environment Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations made pursuant to the FEPA Act provide that a permit will be required: • for storage, treatment and transportation of harmful toxic waste within Nigeria; • where effluents with constituents beyond permissible limits will be discharged into public drains, rivers, lakes, sea, or as an underground injection; • when oil in any form shall be discharged into public drains, rivers, lakes, sea, or as an underground injection; and • for an industry or a facility with a new point source of pollution or a new process line with a new point source. Such an industry or facility shall apply to the agency for a discharge permit. • Some permits are industry specific; e.g. in the oil and gas industry, the Directorate of Petroleum Resources (DPR) also regulates environment issues, and operators in the industry are required to obtain the necessary permits.
  16. 16. Nigeria and Environmental regulation • The Environmental Guidelines and Standards for the Petroleum Industry in Nigeria (EGASPIN) 2002, published by the DPR provides that the Director of Petroleum Resources shall issue permits for all aspects of oil-related effluent discharges from point sources (gaseous, liquid and solid), and oil-related project development. • Relevant state permits are also required in some cases. • The permits are typically not transferable as they are project specific. Where such permits are however transferable the consent of the regulator will be required prior to any such transfer
  17. 17. Nigeria and Environmental regulation • Environmental regulators have wide ranging powers in the event of violation of environmental permits and environmental laws in general. The FEPA Act gives authorised officers of the FME and other regulators e.g. state officers powers to: • require to be produced, then examine and take copies of any license or permit, certificate or document required under the Act or regulations made there under; • enter and search any land, building, vehicle, tent, vessel, floating craft or any inland water; • cause to be arrested any person whom they have reason to believe has committed an offence against the Act or any regulations made there under; and • seize any item or substance which they have reason to believe has been used in the commission of such offence or in respect of which the offence has been committed.
  18. 18. Nigeria and Environmental regulation • The laws allow the storage or disposal of waste on site subject to the issuance of relevant permits. Regulation 10 of the National Environment Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations made pursuant to the FEPA Act provides that no person shall engage in the storage, treatment or transportation of harmful toxic waste without a permit issued by FEPA. Where harmful toxic waste is produced on- site, it may only be stored or disposed on-site where a permit has been issued to the producer of such waste. • Where it is environmentally safe to so do, solid waste may be stored or disposed of on-site, subject to the issuance of the requisite permit - Regulation 16 of the National Environment Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations.
  19. 19. Nigeria and Environmental regulation • The FEPA Act provides that the collection, treatment, transportation and final disposal of waste shall be the responsibility of the industry or facility generating the waste. • Regulation 11 of the National Environment Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations provides that the collection, treatment, transportation and final disposal of waste shall be the responsibility of the industry or facility generating the waste. The ultimate responsibility lies with the producer, as under Nigerian law, the "polluter pays" principle applies.
  20. 20. Some International Instruments of Intervention • MARPOL Annex III includes regulations for the prevention of pollution by harmful substances in packaged form and includes general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, storage, quantity limitations, exceptions and notifications for preventing pollution by harmful substances • Annex IV contains a set of regulations regarding the discharge of sewage into the sea, ships' equipment and systems for the control of sewage discharge, the provision of facilities at ports and terminals for the reception of sewage, and requirements for survey and certification. It also includes a model International Sewage Pollution Prevention Certificate to be issued by national shipping administrations to ships under their jurisdiction. • Annex V deals with different types of garbage and specifies keeping of Garbage Record Book and also specifies the distances from land and the manner in which garbage may be disposed of. The Annex imposes a complete ban on the dumping into the sea of all forms of plastic.
  21. 21. Key areas in achieving better practices for solid waste management • Public and private sector actors in solid waste management. • Concept behind effective public private partnership. • Itinerant/stationary waste buyers • Small-scale/large scale recycling industries • CBOs and NGOs • Micro-enterprises • Sociological/Economic/management theories
  22. 22. Overview of some Best practices for Solid Waste Management • Partnerships for solid waste management in developing countries: linking theories to realities • Both public and private sectors are active in management of solid waste in some developing countries. There is an emerging trend in encouraging the private sector to enter into solid waste management (SWM) operations, and attempts are being made to formally link the public and private sector operators. Such linkages may improve the efficiency of the entire sector and create new opportunities for employment. Two pertinent sociological theories, functionalism and general systems, view institutions as composed of interdependent parts that must adapt to survive in a changing world.
  23. 23. Over view of some Theories and Best practices for Solid Waste Management • The economic theory of property rights assigns rights of ownership as the reason for the private sector to excel. • Economists also argue that hybrid organisations composed of both public and private sector hold a great deal of promise. These hybrid sector organisations provide a means to combine the efficiency and expertise of the business world with public interest, accountability and broader planning of government. These new organisations are important as alternatives, not replacing the existing order, but balancing the roles played by the public and private sector agencies. • The competition theory of management science may be adapted to the concept of complementation in place of the traditional view of competition. This theory explores the values of co-operation among organisations to best exploit the comparative advantage of each. • Poorly designed attempts for partnership may actually worsen the situation by opening new avenues of inefficiency and corruption instead of harnessing optimal benefits from the arrangement Other caveats and barriers for integration are also presented. Partnerships will not be effective and sustainable unless proper incentives for both sectors are built into the design.
  24. 24. Overview of some Theories and Best practices for Solid Waste Management • WEIGHT VS. VOLUME Classifying garbage by weight for anything from funding to handling efficiencies can lead to serious misconceptions. For example, the recycling program in Nanaimo was originally ‘sold’ on the basis of tonnage values. More tonnage was equated with better performance. When the province established the glass bottle refund program, the numbers being used to evaluate the program suddenly plummeted, which was construed by some to mean a diminishing or failing program - when all it meant was people were taking their own bottles back. Recycling was just as if not more successful.
  25. 25. Over view of some Theories and Best practices for Solid Waste Management • LANDFILL BANS These are essential for an orderly wind down of resource and landfill waste. Basically, when there is a better practice or recycling option for a certain waste, it is no longer accepted at the landfill. This reduces the landfill burden and at the same time encourages use of the 'new' system. It's the right thing to do.
  26. 26. Over view of some Theories and Best practices for Solid Waste Management • LANDFILL FUTURE Fifteen years ago 50% of landfill garbage was cardboard and paper. Now, there is relatively little. If we take all the wet slop out, the next major landfill gain would be diverting plastic which is 90% by volume and only 17% by weight. Unfortunately, there is no cost effective means for recycling allot or our plastics because they are such a chemical and process mix. (Did you realise PVC is 70% chlorine and not compatible with other plastics such as HDPE?). • METHANE It's best to avoid putting methane producing materials in the landfill in the first place. Composting them is better.
  27. 27. Recommendation for Africa and Nigeria • Recommendations for the Africa Region • To improve the disposal of solid waste in Africa and maximize resources, projects that aim to landfill waste should focus on the following: • 1. Local conditions. The first steps in the gradual process of upgrading to sanitary landfills may include • guidance on technical issues and proper siting of new waste disposal sites. Projects should adjust • landfill design and operation to local conditions (both geographical and economic). A controlled • landfill approach, without compromising public health and environmental impacts, may be an interim • step. • 2. Realistic objectives. The adjusted approach may require accepting relaxed standards for daily • covering of waste. This landfill approach may imply accepting partial collection and treatment of • leachate and partial controlled release for attenuation, dilution, and dispersion
  28. 28. Civic Attitude that the Paper invites • Buy what you need and use what you buy. • Remember that the garbage system has to be run as a business. • Learn how to recycle yard waste • Sort waste generated at home, office etc.
  29. 29. Conclusion • The reforms of the present government and the dictates of the global business environment secure the economy of the 21st century Nigeria in the hands of private sector. This is not only in the productive sectors but includes the waste management industry. Sequel to this, the economy of the 21st century Nigeria shall be based on open-market driven cost recovery system, cost effectiveness and efficient service delivery. The implications of this in the waste management industry are competitiveness, accountability, and separation of service provision and delivery.
  30. 30. Conclusion • In developing strategies to engender the above industry qualities, it must be understood that waste management services is the forth public utilities because of the latent ‘public goods” content and is incapable of absolute alienation from government. This means government implicit participation in the industry (either in moderation of cost recovery mechanism, implementing public enlightenment, enforcing and developing standards) is fundamental. Vertical partnership (amongst all tiers of governments) for political commitment, strategic planning, coherent framework and shot- circuiting of unpopular political decisions is an ingredient of this participation. Also Horizontal partnership between public and private sector (for easy public acceptance of facilities, progressive and long-term cost-recovery programme, shared risks, and commercial drive and for efficiency) is a necessary requirement for speedy industry growth. • These strategic requirements of the industry are meant to create a shift from no control to controlled situation, a shift from process to product, a shift from public conception of service as public goods to private goods and
  31. 31. Conclusion • These strategic requirements of the industry are meant to create a shift from no control to controlled situation, a shift from process to product, a shift from public conception of service as public goods to private goods and • above all development of technical capacity and integration of waste management into national development plan. Practically, this can be initiated by the National Assembly with a Bill of the following content: • • Provision of a more functional, transparent and effective institutional arrangement (defining roles of Federal, States and Local governments including streamlining of the multiple Agencies charged with the responsibilities of Waste Management) • • Establishment of instruments for waste information system management and coordination • • Institutionalizing best practices and high environmental standards, including occupational safety and, • • To put measures in place for continuous performance improvement in waste management through the culture of professionalism
  32. 32. References
  33. 33. Acknowledgement • Thanks are due to the following: • Management of Tall and Wide Company Limited. • Multiple Development services • Lagos State • And you for your kind attention