The Environmental Management (Hazardous Waste Control and Management) Notice, 2021

6. Citation. Application. Interpretation. PART II GENERAL PRINCIPLES Principles. Cleaner production principle. Right and duty to safeguard environment from adverse effects of hazardous waste. PART III ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT

11. Functions of Minister. Functions of Director of Environment. Functions of Council. Powers of Environmental Inspector. Duty of Local Government Authority. 1 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) PART IV HAZARDOUS WASTE MANAGEMENT AND HANDLING

7. The Minister shall be assisted in the discharge of his duties under these Regulations by the Director of Environment, the Council, local government authorities and Environmental Inspectors. Functions of Director of Environment

8. The Director of Environment shall- (a) serve as the National Focal Point and the competent authority for the operation of the for Informed Consent Procedure Prior transboundary movement of hazardous waste under the Basel Convention; (b) enhance sectoral coordination, monitoring, and mobilization of stakeholders for control and 8 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (c) promote management of hazardous waste; institutional capacity to effectively support environmentally sound management of hazardous waste; (d) oversee in-country and movements of hazardous waste; the transboundary Functions of Council (e) coordinate and promote public awareness on the control and management of hazardous waste; and (f) develop guidelines for handling of hazardous wastes.

9. The Council shall- (a) receive and process Notification and Movement Documents for export of hazardous waste; (b) receive and process in-country applications involving control and management of hazardous waste; (c) establish and maintain information register and data related to the control and management of hazardous waste; (d) inspect and monitor hazardous waste management facilities; (e) advising the Minister for issuance of consent and permits; and (f) submit the dully filled Tracking Forms to the Director. Powers of environmenta l inspector

10. An Environmental Inspector may, in addition to the powers conferred under the Act or any other written law- (a) stop and inspect any vehicle used for the transportation of hazardous waste; and (b) enter upon any premises where hazardous waste is stored, processed or disposed of. Duty of local government authority

11.-(1) Each local government authority shall, with respect to its area of jurisdiction- (a) receive and scrutinize the applications for a permit to collect and transport up to five tonnes or up to one thousand litres of hazardous waste; (b) inspect and monitor hazardous waste 9 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) management facilities; and (c) establish and maintain information register and data related to the control and management of hazardous waste. (2) Without prejudice the provisions of subregulation (1), each local government authority shall, with respect to its area of jurisdiction, ensure that- to (a) standards prescribed for the hazardous waste management are in place and operational at all the time; (b) premises producing hazardous wastes are adequately ventilated and fitted with air polluting control facilities and are in compliance with prescribed standards; (c) waste effluents are treated or are so modified as to comply with prescribed standards before final disposal; and (d) hazardous standards at factory or on site before their discharge or municipal oxidation ponds or in an open land or into receiving water bodies. public sewers into (3) Any standards, bylaws and guidelines set by the the purpose of these local government authority for Regulations, shall conform to standards set under these Regulations and the Act. PART IV HAZARDOUS WASTE MANAGEMENT AND HANDLING Classificatio n of hazardous wastes

14. Classification of hazardous wastes. Packaging of hazardous wastes. Labelling of hazardous wastes. PART V IN-COUNTRY MOVEMENT OF HAZARDOUS WASTE Permits for in-country management of hazardous waste. Application for permit to manage hazardous waste. Application requirements for permit to collect and transport up to five tonnes of hazardous waste Permit for collection and transportation of hazardous waste up to five tonnes Condition for permit to collect and transport hazardous waste up to five tonnes Application requirements for permit to collect and transport up one thousand litres of hazardous waste Permit for collection and transportation of hazardous waste up to one thousand litres Condition for permit to collect and transport hazardous waste up to one thousand litres Application requirements for permit to collect hazardous waste. Permit for collection of hazardous waste. Conditions for permit to collect hazardous waste. Application requirements to store hazardous waste. Permit for storage of hazardous waste. Conditions for permit to store hazardous waste. Application requirements of permit to transport hazardous waste. Permit for transportation of hazardous waste. Conditions for permit to transport hazardous waste. Labelling of vehicle or other means of conveyance. Application requirements of permit to own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste. Permit to own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste.

12. The hazardous waste shall include waste set out in the First Schedule, Second Schedule and Third Schedule were it possesses any of the characteristics in the Fourth Schedule. Packaging of hazardous wastes

34. 2 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.)

51. Conditions for permit to own or operate operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste. Validity of permits for in-country movement of hazardous waste. Offences relating to in-country movement of hazardous waste. PART VI TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE Focal point and competent authority. Application requirements of export permit of hazardous waste. Export permit. Conditions for export permit of hazardous waste. Restricted importation of hazardous waste Application requirements for import permit of hazardous waste. Import permit of hazardous waste. Conditions for import permit of hazardous waste. Application requirements for transit permit of hazardous waste. Transit permit of hazardous waste. Conditions for transit permit of hazardous waste. Notification to Commmissioner of Customs and Exports Controller. Validity of permits for transboundary movement of hazardous waste. Illegal traffic of hazardous waste. PART VII HEALTH CARE WASTE Segregation of health care waste. Securing and packaging of health care waste. Treatment of health care waste. Storage of health care waste. Transportation of health care waste. Transfer stations.

15. The Minister may issue permits for in-country management of hazardous waste for the following activities- (a) collection of hazardous waste; (b) storage of hazardous waste; (c) transportation of hazardous waste; (d) collection and transportation up to five tonnes of hazardous waste; (e) collection and transportation up to one thousand litres of hazardous waste; (f) owning or operating a plant, facility or site for recycling or recovery or re-use or treatment or disposal of hazardous waste.

16.-(1) A person who intends to collect and transport hazardous waste up to five tonnes or one thousand litres shall apply for a permit to the Minister by filling Form No. 1 prescribed in the Fifth Schedule and submit it to the City, Municipal, District or Town Council Environmental Officer for scrutiny. (2) A person who intends to collect, store or transport hazardous waste shall apply for a permit to the Minister by filling Form No. 1 prescribed in the Fifth Schedule and submit it to the Council for consideration. (3) A person who intends to own or operate a plant or facility or site for recycling or recovery or re-use or treatment or disposal of hazardous waste shall apply for a permit to the Minister by filling Form No. 3 prescribed in the Fifth Schedule and submit it to the Council for consideration. Application

17.-(1) Subject to regulation 16(1), a person 13 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) requirement s for permit to collect and transport up to five tonnes of hazardous waste Cap. 297 applying for a permit to collect and transport up to five tonnes of hazardous waste shall submit the following attachments- (a) business licence; (b) introductory letter from the ward or sub-ward executive officer; (c) Tax Identification Number (TIN) Certificate; (d) inspection report conducted by an Environmental Officer; (e) upon renewal of perm it, medical report of fitness for personnel involved in collection of waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (f) proof of payment of application fee; and (g) any other document which the City, Municipal, District Town Council Environmental Officer may require according to law. the or (2) Where the requirements for application under sub- regulation the Applicant shall submit the application package to the Council for processing. (1) have been complied with, (3) Where the requirements for application under this regulation have been complied with, the Council shall- (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection and transportation of hazardous waste up to 5 tonnes

18. Subject to Regulation 17, the Minister may transportation of issue a permit for collection and hazardous waste up to 5 tonnes in Form No. 2 specified in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect and transport hazardous waste up to 5 tonnes without causing significant damage to public health and the environment. Condition for permit to collect and transport hazardous waste up to

19. A person granted with permit to collect and transport hazardous waste up to five tonnes shall- (a) use appropriate waste collection equipment taking into account the type of hazardous waste; 14 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) five tonnes (b) ensure that the collection of hazardous waste from generation or transfer station is conducted in a manner that shall not cause scattering of waste, leaks or spillage; (c) ensure that waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (d) ensure that at all times the waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (e) provide adequate protective and safety gears to personnel involved in handling of hazardous waste; (f) provide safe and secure seating facilities for for in vehicles used personnel involved collection of waste; (g) provide basic training and information to personnel involved in the collection and handling of the hazardous waste at the waste transfer station; (h) ensure that the waste - (i) is stored properly; and (ii) is not exposed to direct sunlight, rain and wind; and Cap. 297 (i) provide annual medical in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; check-up (j) ensure that the waste is transported in a transport facility that is covered or a closed container at all times depending on the type of waste; (k) provide biannual reports of the conduct of the collection activity to the Council; in (l) submit Tracking Form the Fifth Schedule in Form No. 5 prescribed these Regulations, to the Council immediately upon completion of the collection and transportation operation; to 15 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (m) se of appropriate means of transport taking into account the type of hazardous waste in order to avoid the waste spreading or noxious releases during transportation; (n) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste carried; (o) ensure that at all time the waste consignment is accompanied by certified copy of the collection and transport permit of hazardous waste up to five tonnes, copy of the Tracking form and all necessary transport documents at all times together with permits and licences from other relevant Authorities; (p) use the shortest routes or routes presenting the lowest risk for the public and environment; (q) provide safe and secure seating facilities in the during cabin involved transportation of hazardous waste; and personnel for Application requirement s for permit to collect and transport up one thousand litres of hazardous waste Cap. 297 (r) comply with any condition which the Minister may impose.

20.-(1) Subject to regulation 16(1), a person applying for a permit to collect and transport up to one thousand the following attachments- litres of hazardous waste shall submit (a) business licence; (b) Introductory letter from the ward or sub-ward; (c) Tax Identification Number (TIN) Certificate; (d) business or company profile; (e) inspection report conducted by an Environmental Officer; (f) upon renewal of permit, medical report of fitness for personnel involved in collection of waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (g) proof of payment of application fee; and (h) any other document which the City, Municipal, 16 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) District or Town Council Environmental Officer may require according to law. (2) Where the requirements for application under this regulation have been complied with, the Council shall- (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection and transportation of hazardous waste up to one thousand litres

21. Subject to regulation 20, the Minister may issue a permit for collection and transportation of hazardous waste up to one thousand litres in Form No. 2 specified in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect and transport hazardous waste up to one thousand litres without causing significant damage to public health and the environment. Condition for permit to collect and transport hazardous waste up to one thousand litres

22. A person granted with permit to collect and transport hazardous waste up to one thousand litres shall- (a) use appropriate waste collection equipment taking into account the type of hazardous waste; (b) ensure that the collection of hazardous waste from generation or transfer station is conducted in a manner that shall not cause scattering of waste, leaks or spillage; (c) ensure that waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (d) ensure that at all times the waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (e) provide adequate protective and safety gears to personnel involved in handling of hazardous waste; (f) provide safe and secure seating facilities for personnel involved in vehicles used for collection of waste; (g) provide basic training and information to 17 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) in involved the collection and personnel handling of the hazardous waste at the waste transfer station; (h) ensure that the waste - (i) is stored properly; (ii) is not exposed to direct sunlight, rain and wind; and (iii)which is waste oil and other is liquid in closed stored hazardous waste containers; (i) provide annual medical in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; check-up (j) ensure that the waste is transported in a transport facility that is covered or a closed container at all times depending on the type of waste; (k) provide biannual reports of the conduct of the collection activity to the Council; in (l) submit Tracking Form the Fifth Schedule in Form No. 5 prescribed these Regulations, to the Council immediately upon completion of the collection and transportation operation; to (m) use appropriate means of transport to avoid the waste spreading or noxious releases during transportation; (n) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste carried; (o) ensure that at all time the waste consignment is accompanied by certified copy of the collection and transport permit of hazardous waste up to one thousand litres , copy of the Tracking form and all necessary transport documents at all times together with permits and licences from other relevant Authorities; (p) use the shortest routes or routes presenting the lowest risk for the public and environment; 18 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (q) provide safe and secure seating facilities in involved during the cabin transportation of hazardous waste; for personnel (r) ensure the waste is transported in a covered transport facility or closed container at all times depending on the type of waste; (s) provide annual medical check-up and submit medical report of fitness to the Council; and (t) comply with any condition which the Minister may impose. Application requirement s for permit to collect hazardous waste

23.-(1) Subject to regulation 16(2), a person who intends to collect hazardous waste shall submit to the Council the following attachments: (a) business licence; (b) Certificate of Incorporation and Memorandum and Articles of Association in case of company; Cap. 297 (c) Tax Identification Number (TIN) certificate; (d) business or company profile; (e) inspection report conducted by the Council; (f) upon renewal of permit, medical report of fitness for personnel involved in collection of waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (g) proof of payment of application fee; and (h) any other document which the Council may require according to law. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Council shall– (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection of hazardous waste

24. Subject to regulation 23, the Minister may issue a permit for collection of hazardous waste in Form No. 2 specified in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect hazardous waste without causing significant damage to public health and the environment. Conditions

25. A person issued with permit to collect hazardous 19 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) for permit to collect hazardous waste waste shall- (a) use appropriate waste collection equipment taking into account the type of hazardous waste; (b) ensure that the collection of hazardous waste from generation or transfer station is conducted in a manner that shall not cause scattering of waste, leaks or spillage; (c) ensure that waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; (d) ensure that at all times the waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (e) provide adequate protective and safety gears to personnel involved in handling of hazardous waste; (f) provide safe and secure seating facilities for personnel involved in vehicles used for collection of waste; (g) provide basic to training and personnel involved in the collection and handling of the hazardous waste at the waste transfer station; information (h) ensure that the waste- (i) is stored properly; (ii) is not exposed to direct sunlight, rain and wind; and (iii) which is waste oil and other is liquid in closed stored hazardous waste containers; Cap.297 (i) provide annual in medical accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; check-up (j) ensure that the waste is transported in a transport facility that is covered or a closed container at all times depending on the type of waste; (k) provide biannual reports of the conduct of the collection activity to the Council; 20 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (l) submit a Tracking Form in Form No. 5 prescribed in these Regulations, to the Council immediately upon completion of the collection operation; and (m) comply with any condition which the Minister the Fifth Schedule to may impose. Application requirements for permit to store hazardous waste

26.-(1) Subject to regulation 16(2), a person who intends to store hazardous waste shall submit to the Council the following attachments- (a) Environmental Impact Assessment (EIA) or Environmental Audit Certificate; (b) inspection report of the storage facility or site conducted by the Council; (c) business licence; (d) Certificate of Incorporation and Memorandum and Articles of Association where the applicant is a company; (e) Tax Identification Number (TIN) certificate; (f) business or company profile; (g) Emergency Response Plan; (h) any relevant permit from other Authorities; (i) upon renewal, a medical report of fitness for personnel involved in storage of waste in accordance with the Occupational Safety and Health Act, and Tracking Form Form No. 5 prescribed in the Fifth Schedule; (j) proof of payment of application fee; and (k) any other documents which the Council may require according to law. (2) Where the requirements for application under sub- regulation (1) have been complied with, the Council shall- (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for storage of hazardous waste

27. Suject to regulation 26, the Minister may issue a permit for storage of hazardous waste in Form No. 2 prescribed in the Fifth Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and to store hazardous waste without causing equipment significant damage to public health and the environment. 21 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Conditions for a permit to store hazardous waste

28. A person issued with a permit to store hazardous waste shall- (a) provide biannual reports of the conduct of the storage activity; (b) use an appropriate storage facility or site; (c) where handling liquid hazardous waste, use closed containers of not less than twenty litres for packaging; (d) ensure that storage facility is labeled with appropriate symbols, provided with First Aid equipment and fire extinguisher according to the type of waste stored; and visible hazard (e) ensure that the storage facility is affixed with all necessary licences and permits from other relevant Authorities at all times; (f) provide adequate protective and safety gears to personnel involved in handling the hazardous waste at the storage facility; (g) ensure the waste- (i) (ii) is stored properly is not exposed to direct sunlight, rain and wind; and (iii) which is waste oil and other liquid hazardous waste should be stored in closed containers; (h) provide annual medical check-up in accordance with the Occupational Safety and Health Act and submit medical report of fitness to the Council; (i) provide basic training to staff on safe waste storage and handling of emergency cases or accidents; (j) avoid underground and underground piping of hazardous waste, where possible; storage tanks (k) ensure that during storage, height of stacked containers should be limited to ensure safety; 22 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (l) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to these Regulations, to the Council immediately upon completion of the storage operation; and (m) comply with any condition which the Minister may impose. Application requirements for permit to transport hazardous waste

29.-(1) Subject to regulation 16(2), a person who intends to transport hazardous waste shall submit to the Council the following attachments- (a) business licence; (b) Certificate of incorporation and Memorandum in case of (TIN) Identification Number and Article of Associations company; (c) Taxpayer certificate; (d) business or company profile; (e) details on the mode of transportation and specifications; (f) inspection report conducted by the Council; (g) upon renewal, Tracking Form in Form No. 5 prescribed in the Fifth Schedule and a medical report of fitness for personnel involved in transportation of waste; (h) proof of payment of application fee; and (i) any other document which the Council may require according to law. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Council shall- (a) direct the Applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for transportation of hazardous waste

30. Subject to Regulation 29, the Minister may issue a permit for transportation of hazardous waste in Form No. 2 prescribed in the Fifth Schedule where he is satisfied that the applicant has adequate and appropriate facilities and equipment to transport hazardous waste without causing significant damage to public health and the 23 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) environment. Conditions for permit to transport hazardous waste

31. A person who has been granted a permit to transport hazardous waste shall- (a) use of appropriate means of transport taking into account the type of hazardous waste in order to avoid the waste spreading or noxious releases during transportation; (b) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of waste carried; (c) ensure that at all times the waste consignment is accompanied by certified copy of transportation permit of hazardous waste, copy of the Tracking form and all necessary transport documents together with permits and licences from other authorities; (d) use the shortest routes or routes presenting the lowest risk for the public and environment; (e) provide adequate protective and safety gears to personnel involved in handling the hazardous waste; (f) provide safe and secure seating facilities in the during cabin transportation of hazardous waste; personnel involved for (g) ensure the waste is transported in a covered transport facility or closed container at all times depending on the type of waste ; (h) provide annual medical check-up and submit medical report of fitness to the Council; (i) provide basic training to staff on safe waste transport and handling of emergency cases or accidents; (j) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to the Council upon completion of the collection operations; and (k) comply with any condition which the Minister may impose. 24 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Labelling of vehicle or other means of conveyance

32. A motor vehicle or other means of conveyance that has been permited to transport hazardous waste shall be labelled at the back and on both sides with the warning or caution statements in accordance with international the Council including- requirements approved by (a) the words “WARNING” or “CAUTION”; (b) the words “DANGER! Keep away from unauthorized persons”; (c) the words “POISON” marked indelibly in red or white background; and (d) a pictogram of a skull and crossbones. Application requirements for permit to own or operate a plant or facility or site

33.-(1) Subject to regulation 16(3), a person who intends to own or operate a plant or facility or site for recycling or disposal of treatment, hazardous waste shall submit to the Council the following attachments: recovery, reuse, (a) Environmental Impact Assessment (EIA) of Environmental Audit Certificate (b) business licence; (c) Certificate of Incorporation and Memorandum in case of a and Articles of Association, company; (d) Taxpayer Identification Number (TIN) certificate ; (e) business or company profile; (f) proof of land ownership or lease agreement and land use plan; (g) energy plan of the treatment plant, disposal facility or site; (h) detailed description of the treatment plant disposal facility or site; relevant permits from other Authorities; (i) (j) Emergency Response Plan; (k) inspection report of the plant or site conducted by the Council; (l) upon renewal, Tracking Document in Form No. 5 prescribed in the Fifth Schedule and a medical report of fitness for personnel involved 25 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) in transportation of waste; (m) proof of payment of application fees; and (n) any other document which the Council may require according to law. (2) Where the Council has received an application made pursuant to this regulation and is satisfied that all requirements have been complied with, the Council shall- (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit to own or operate plant or facility or site

34. Subject to regulation 33, the Minister may issue a permit to own or operate a plant or facility or site for treatment, recovery, recycling, reuse, or disposal of hazardous waste in Form No. 4 prescribed in the Fourth Schedule where he is satisfied that the operation of the plant, facility or site is conducted in a relevant zoned site and in an environmentally sound manner. Conditions for permit to own or operate plant or facility or site

58. Monitoring. PART VIII 3 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) PESTICIDES, RADIOACTIVE AND CHEMICAL WASTE

52. A person who generates health care waste shall at the point of generation and at all stages thereafter segregate the waste in accordance wi t h the categories provi de d under the Sixth Schedule. Securing and packaging of health care waste

53. Health care waste shall be securely packaged in containers approved by the Ministry responsible for health which shall be labelled with symbols and colour codes set out in Seventh Schedule. Treatment of health care waste

54. A person who generates health care waste shall treat or cause to be treated all health care waste in the manner set out in the Eighth Schedule, before such health care waste is stored or disposed of. Storage of health care waste

55. Storage of health care waste shall be in accordance with relevant law governing the operation of health care facilities. Transportatio n of health care waste

56. A person shall not transport health care waste without a permit issued by the Ministry responsible for health or the relevant local government authority. Transfer stations

57. The provisions of these Regulations relating to storage and transportation of health care waste shall apply to owners or operators of transfer stations. Monitoring

58.-(1) The responsible department or unit in the the for health shall monitor responsible Ministry 33 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) management of all health care waste to ensure such health waste is managed in a manner that may not adversely affect the environment and human health. (2) Nothwithstanding the provision of subregulation these the Council shall ensure compliance of (1), Regulations in the management of health care waste. PART VIII PESTICIDES, RADIOACTIVE AND CHEMICAL WASTE Management of pesticides waste Caps. 133, 161, 319 and 99 Management of radioactive waste Cap. 188

61. Management of industrial and consumer chemicals waste. PART IX COMPLIANCE AND ENFORCEMENT

59. The management of pesticides waste shall be in accordance with the Plant Protection Act, the Tanzania Pesticides Research Institute Act, the Veterinary Act and the Public Health Act.

60.-(1) Management of radioactive waste shall be conducted at designated sites or facilities in manner approved by the Tanzania Atomic Energy Agency. (2) The Atomic Energy Act and Regulations made thereunder shall apply in relation to the classification, registrations, transportation, importation, exportations, waste disposal and health and safety requirements with regard to radioactive waste. packaging, labelling, Management of industrial, consumer and chemical waste Cap.182

61. Subject to the provisions of the Act, the management of industrial and consumer and chemical waste shall be conducted at designated sites or plant in accordance with the Industrial and Consumer Chemicals (Management and Control) Act. PART IX COMPLIANCE AND ENFORCEMENT Powers of Environmenta l Inspectors to serve prevention orders

64. Powers of Environmental Inspectors to serve prevention orders. Hazardous waste compliance orders. Cancellation of permits. PART X GENERAL PROVISIONS

62.-(1) Where the Council or an Environmental Inspector or an officer of the Council has reasonable grounds to believe that, a person is or will be conducting an activity, or is or will be in possession or control of substances or anything that may result in violation of the provisions of these Regulations, he may serve a prevention order on that person. 34 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Power to serve compliance orders (2) A person on whom a prevention order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is that person shall comply with specified, the order immediately. (3) A person who contravenes a prevention order commits an offence and shall on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence is continued.

63.-(1) Where an Environmental Inspector has reasonable grounds to believe that any condition of a permit issued under these Regulations has been breached, he may serve a compliance order requiring that person to remedy the breach within a reasonable period stipulated in the order. (2) A person on whom a compliance order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is that person shall comply with specified, the order immediately. (3) person who contravenes a compliance order commits an offence and shall on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence is continued. Cancellation of permit

64. The Minister may suspend or revoke a permit issued under these Regulations where he is satisfied that- (a) the conditions of the grant of the permit have not 35 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) been complied with; (b) the continued operation of the activity is or is likely to be injurious to the environment and human health; (c) the activities are against the public interest; or (d) there was misrepresentation of information in the application process. PART X GENERAL PROVISIONS Duty to keep records

75. Duty to keep records. Reporting procedures. Liability. Insurance. Non-transferability of permit. Self-environmental audit. Disposal of hazardous waste for generator of waste. Offences and penalties. Register. Appeals. Revocation. __________ SCHEDULES __________ 4 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) ________ REGULATIONS ________ (Made under sections 133(4) and (5), 135(1) and 230(2)(f)) THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 PART I PRELIMINARY PROVISIONS Citation the

65. A permit holder under these Regulations shall- (a) keep record of permited activity and all transactions related to it in Form No. 11 prescribed in the Fifth Schedule; and (b) submit the record made under this regulation to the Council at interval of six months. Reporting procedures

66.-(1) A person permitted to carry out any activity under these Regulations shall submit bi-annual reports on the conduct of the permitted activity to the Council in the manner set out in Form No. 12 prescribed in the Fifth Schedule. (2) Where special reporting procedures are made the condition of a permit granted under these Regulations, those procedures the submission of bi-annual reports. take precedence over shall Liability Insurance

1. These Regulations may be cited as Environmental Management (Hazardous Waste Control and Management) Regulations, 2021. Application Interpretatio n Cap. 191

2.-(1) These Regulations shall apply to all categories of hazardous waste and to the generation, collection, storage, transportation, treatment, recycling, reuse, recovery and disposal of hazardous waste and their movements in, into and out of Mainland Tanzania. (2) Without prejudice to sub-regulation (1), these Regulations shall also apply to all other wastes destined for transboundary movement.

3. In these Regulations, unless the context requires otherwise- “Act” means the Environmental Management Act; “Bamako Convention” means the Bamako Convention on the ban of the import into Africa and the control of trans-boundary movement and management of hazardous waste within Africa, 1991; “Basel Convention” means the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal, 1989; “certified copy” means a document certified by the Council; “Council” means the National Environment Management 5 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Council referred to under section 16 of the Act; "Director of Environment" means a Director of Environment appointed pursuant to section 14 of the Act; “environment” has the meaning ascribed to it under the Act; "Environmental Inspector" means an inspector appointed under or designated pursuant to section 182 of the Act; “harm” means interference with ecological systems of which living organisms form part and in case of living person includes harm, distress or annoyance to any of his senses and damage to his property; “hazardous substance” means any gaseous, liquid, solid, chemical, waste, medicine, drug, plant, animal or micro organism which is likely to be injurious to human health, life or the environment; “hazardous substance” has the meaning ascribed to it under the Act; "hazardous waste transfer station" means temporary storage facility for collecting hazardous waste from various sources before transportation for further treatment, recycling, reuse, recovery or disposal; “Minister” means the Minister responsible for matters relating to the environment; “permit” means a permit to collect or transport or store or own or operate treatment, recycling or reuse or recovery or disposal plant or facility or site export or import or transit hazardous waste; “polluter-pays principal” has the meaning ascribed to it under the Act; "precautionary principle" means a risk management approach which requires that where there is risk of serious irreversible adverse effects occurring, a lack of scientific certainty should not prevent or impair the taking of precautionary measures to protect the environment; “storage facility” means a place authorized to store hazardous waste pending transportation, recycling, treatment, disposal or exportation; “waste disposal site” means a site, used to dispose of or treat 6 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) waste and includes a mobile or immobile waste treatment plant, waste storage or transfer facility; “waste management” means the collection, transport deposit, treatment and final transport, interim storage, disposal of waste; “waste management facility” means any site or premises recycling, the purpose of recovery, used treatment or disposal of wastes; and for Principles “waste producer’ means a person who creates or produces waste. PART II GENERAL PRINCIPLES

4.-(1) Any person generating, collecting, storing, transporting, treating, recycling, reusing, recovering and disposing of hazardous waste or any person exercising jurisdiction under these Regulations shall, in relation to any decision, order, exercise of any power or performance of any the following principles of function, be guided by environment and sustainable development relevant to hazardous waste management- (a) the precautionary principle; (b) polluter pays principle; and (c) the producer extended responsibility. (2) For the purpose of this regulation “producer extended responsibility” means a policy approach which requires that any person producing or importing a product should internalize environmental costs in the production of the products and in whole life cycle of such product. Cleaner production principle

5. A person who owns or operates a facility or premises which generate hazardous and toxic waste shall minimize the waste generated by adopting the following cleaner production principles- (a) improvement of production process conserving raw materials and energy by- (i) eliminating the use of hazardous and toxic raw materials within such times as may be prescribed by the Minister; and through (ii) reducing 7 toxic emissions and hazardous Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) wastes to a level prescribed in the applicable national environmental quality standards. (b) monitoring the product cycle from beginning to end by- (i) identifying and eliminating potential negative impacts of the product; (ii) enabling the recovery and re-use of the product where possible; and (iii) reclamation and recycling. Right and duty to safeguard the environmen t from adverse effects of hazardous waste

6.-(1) Every person living in Tanzania shall- (a) have a to clean, safe and healthy right environment; and (b) have a stake and a duty to safeguard the environment from adverse effects of hazardous wastes and to inform the relevant authority on any activity or phenomenon resulting from hazardous waste that is likely to adversely affect the environment and human health. (2) A generator of hazardous waste shall be responsible for the sound management and disposal of such waste and shall be liable for damage to the environment and injury to human health arising thereby. PART III ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT Functions of Minister

13.-(1) A person shall not pack or store hazardous waste in a container or package, unless the container or package in which that waste is to be contained, packed or stored meets international requirements approved by the Council. 10 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (2) A container or packaging material provided for under sub-regulation (1) shall be suitable for storage of hazardous waste for which an application for storage has been made and shall- (a) not be reactive with the waste in question; (b) be free from the possibility of leakage; and (c) be capable of protecting the health of persons involved in handling the waste, the neighbouring community and the environment in general. (3) A container or packaging materials provided for under this regulation shall be- (a) labelled; (b) punctured after its lifespan or after use; and (c) disposed of in accordance with these Regulations. (4) A person who- (a) packs or stores wastes contrary to these Regulations; or (b) sells or offers for sale a container which has been used for the storage of hazardous wastes to be used for any purpose other than storage of wastes, commits an offence and shall be liable on conviction to a fine of not less than five million shillings but not exceeding ten billion or to imprisonment for a term not exceeding twelve years or to both. Labelling of hazardous wastes

14.-(1) A person shall not sell, offer for sale, use, pack, store or transport hazardous waste in a container or package, unless the container has been affiexd with labels written in English or Kiswahili language specifying the following: (a) identity of the hazardous waste; (b) name and address of the generator of waste; (c) net contents; (d) normal storage stability and methods for safe storage; (e) name and percentage by weight of other ingredients or half-life of radioactive material; (f) warning or caution statements which may 11 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) include all, some or any of the following as appropriate- (i) the word “WARNING” or “CAUTION”; (ii) the word “DANGER! Keep away from unauthorized persons”; (iii) the word “POISON” marked indelibly in red on white background; and (iv) a pictogram of a skull and crossbones; (g) a statement of First Aid measures to be taken when hazardous waste is inhaled or ingested to including the antidote be taken and direction that a physician must be contacted immediately; (h) adequate directions for handling should be included including safety precautions in transporting, storage, and disposal of hazardous waste and measures for cleaning any equipment used; and in accompanying leaflets (i) directions for the disposal of the container and hazardous waste in accordance with the Act and these Regulations. (2) Without prejudice to the provisions of sub- regulation (1), the Minister may in giving effect to this regulation, require a person to comply with international requirements approved by the Council. (3) The label referred to in sub-regulation (1) shall- (a) be written in characters that are easily legible; and (b) not contain warranties, guarantees and liability exclusion clauses inconsistent with the provisions of the Act or these Regulations. (4) A person shall not use a vehicle or other conveyance as means for carrying hazardous waste unless such vehicle or conveyance is labelled in accordance with sub-regulation (1)(f). (5) A person who- (a) sells, offers for sale, uses, packs, stores or transports waste in a container or package that is not this regulation; or in accordance with labelled 12 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (b) uses a vehicle or conveyance that is not labelled in accordance with these Regulations, commits an offence and shall be liable on conviction to a fine of not less than shillings five million but not exceeding ten billion or for imprisonment for a term not exceeding twelve years or to both. PART V IN-COUNTRY MOVEMENTS OF HAZARDOUS WASTE Permits for in-country management of hazardous waste Application for permit to manage hazardous waste

41. A person issued with an export permit shall ensure that- (a) the export cargo only pass through the customs point of exit in accordance with the schedule of the Movement Document; shipments declared in (b) the export cargo is packaged in accordance with international requirements approved by the Council; (c) the export cargo is labeled in accordance with international requirements approved by the Council; (d) the export cargo is not transported by inland waters except where it is generated from islands within the territorial jurisdiction of Tanzania; and (e) the export permit is surrendered to the Custom Authorities at the point of exit.

45. A person who has been granted an import permit shall ensure that- (a) the imported cargo of hazardous waste is transported from the point of entry to the final destination using valid transport permit for hazardous waste these Regulations; issued under (b) the import cargo shall be packaged accordance with approved by the Council; international in requirements (c) the import cargo shall be labeled in requirements international accordance with approved by the Council; (d) import cargo shall not be transported by inland waters save for hazardous waste generated from islands within the territorial jurisdiction of 30 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Tanzania; (e) he holds other relevant permits from other authorities; and (f) any condition which the Minister may impose is complied with. Application requirements for transit permit of hazardous waste

46. The State of Export shall notify the Minister through the Director by submitting dulty filled Notification Document in Form 6 and Movement Document in Form 7 both prescribed in the Fifth Schedule, with the following attachments: (a) a contract between exporter anmd iporter specifying environmentally sound management of the wastes in question; (b) a schedule of intended shipment of the hazardous waste; (c) Emergency Response Plan; and (d) any other document as may be required by the competent authority. Transit permit of hazardous waste

47. Where the Minister receives a notification from the competent authorities of the State of Export and the consent from the State of Import, and being duly satisfied by the advice of the Director, the Minister shall issue the consent through the Movement Document; and transit permit in Form No. 10 prescribed in the Fifth Schedule. Conditions for transit permit of hazardous waste

48.-(1) A person who has been granted a transit permit shall ensure that: (a) transit cargo that passes through the United Republic shall not be unloaded for repackaging; (b) transit cargo shall only be transported through the customs point of entry and exit stipulated in the declared schedule of shipments; (c) the permit is surrendered Authorities at the point of exit; to the Custom (d) transit cargo shall not be transported by inland waters; (e) transit cargo shall be packaged in accordance with international requirements approved by the 31 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Council; (f) transit cargo shall be labeled in accordance with international requirements approved by the Council; and (g) he shall cover escort expenses for the transit cargo. (2) Subject to subregulation (1)(g), the Director shall determine the escort charges of the transit cargo. Notification to Commissione r of Customs and Exports Controller Validity of permits for transboundar y movement of hazardous waste Illegal traffic of hazardous waste to shall submit

49.-(1) The Council the Commissioner of Customs a copy of the permits for import, export and transit of hazardous waste together with the Notification Document and Movement Document. (2) The Council shall submit to the Exports Controller a copy of the permits for export of hazardous waste together with the Notification Document and Movement Document.

50. Any permit for transboundary movement of hazardous waste issued under these Regulations shall relate to the specific transaction and shall not be valid for any subsequent transaction.

51.-(1) For the purpose of these Regulations, any transboundary movement of hazardous waste or other waste- (a) without notification to all States concerned; (b) without the consent of a State concerned; (c) with consent obtained from a State concerned falsification, through misrepresentation or fraud; (d) that does not conform in a material way with the documents; or (e) that results in deliberate disposal including dumping of hazardous waste or other waste in contravention of these Regulations and of general principles of international law, shall be deemed to be illegal traffic of hazardous waste. (2) Any illegal traffic of hazardous waste shall be taken back to the State of Export by the exporter, the generator or, where necessary, by itself into the State of 32 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Export. (3) Notwithstanding t h e provisions of sub- regulation (2), any person who contravenes this regulation commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both. PART VII HEALTH CARE WASTE Segregation of health care waste

67. Where any damage is caused by hazardous waste which has been deposited into the environment, a person who deposited, caused or permitted a waste to be deposited, is liable for the damage to the environment and human health.

68.-(1) The Director may, in a fitting case, require an applicant for a permit to subscribe to an insurance policy covering the risks likely to arise out of the activity for which the permit is required. (2) Without prejudice to sub-regulation (2), an importer, exporter and transporter of hazardous waste shall 36 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Non- transferability of permit Self- environmenta l audit Disposal of hazardous waste for generator of waste Offences and penalties Register Appeals subscribe to an insurance policy to cover risks likely to be caused to the environment and human health.

69. A permit issued under these Regulations shall not be transferable.

70. The owner or operator of a hazardous waste treatment plant, recycling, recovery, reuse or disposal facility or site shall carry out annual self-environmental audit of the environmental performance of the plant or facility or site and shall submit a report to the Council.

71. Any person who generates hazardous waste shall ensure that the hazardous waste generated is- (a) disposed in environmentally sound manner; or (b) taken persons with by collection issued under and these transportation permits Regulations.

72. Any person who contravenes these Regulations commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both.

73. The Council shall maintain a register of all permits issued under these Regulations.

74. A person aggrieved by any decision made under these Regulations may appeal in accordance with the provisions of the Act. Revocation of GN No. 676 of 2019

75. The Environmental Management (Hazardous Waste Control and Management) Regulations, 2019 are hereby revoked. ___________ SCHEDULES ___________ 37 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) _________ FIRST SCHEDULE ________ (Made under Regulation 12) WASTES STREAMS This schedule list the categories of wastes to be controlled under these Regulations, including both specific waste categories (Y1 to Y18) and wastes having specific constituents (Y19 to Y45). Y1 Y2 Y3 Y4 Y5 Y6 Y7 Y8 Y9 Y10 Y11 Y12 Y13 Y14 Y15 Y16 Y17 Y18 Clinical wastes from medical care in hospitals, medical centers and clinics 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 Waste 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: Y19 Y20 Y21 Y22 Y23 Y24 Y25 Y26 Y27 Metal carbonyls Beryllium; beryllium compounds Hexavalent chromium compounds Copper compounds Zinc compounds Arsenic; arsenic compounds Selenium; selenium compounds Cadmium; cadmium compounds Antimony; antimony compounds 38 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Y28 Y29 Y30 Y31 Y32 Y33 Y34 Y35 Y36 Y37 Y38 Y39 Y40 Y41 Y42 Y43 Y44 Y45 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 (e.g. Y39, Y41, Y42, Y43, Y44) CATEGORIES OF WASTES REQUIRING SPECIAL CONSIDERATION Y46 Y47 Wastes collected from households Residues arising from the incineration of household wastes 39 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) ________ SECOND SCHEDULE _________ (Made under Regulation 12) ___________ A1 Metal and metal-bearing wastes A1010 Metal wastes and waste consisting of alloys of any of the following:  Antimony  Arsenic  Beryllium  Cadmium  Lead  Mercury  Selenium  Tellurium  Thallium but excluding such wastes specifically listed on list B. A1020 Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following:  Antimony; antimony compounds  Beryllium; beryllium compounds  Cadmium; cadmium compounds  Lead; lead compounds  Selenium; selenium compounds  Tellurium; tellurium compounds A1030 Wastes having as constituents or contaminants any of the following:  Arsenic; arsenic compounds  Mercury; mercury compounds  Thallium; thallium compounds A1040 Wastes having as constituents any of the following:  Metal carbonyls  Hexavalent chromium compounds A1050 A1060 A1070 A1080 A1090 A1100 A1110 A1120 A1130 A1140 Galvanic sludges Waste liquors from the pickling of metals Leaching residues from zinc processing, dust and sludge such as jarosite, hematite, etc. Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit Annex III characteristics Ashes from the incineration of insulated copper wire Dusts and residues from gas cleaning systems of copper smelters Spent electrolytic solutions from copper electro refining and electro winning operations Waste sludge, excluding anode slimes, from electrolyte purification systems in copper electrorefining and electrowinning operations Spent etching solutions containing dissolved copper Waste cupric chloride and copper cyanide catalysts 40 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) A1150 A1160 A1170 A1180 A1190 Precious metal ash from incineration of printed circuit boards not included on list B Waste lead-acid batteries, whole or crushed Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing Annex I constituents to an extent to render them hazardous Waste electrical and electronic assemblies or scrap1 containing components such as accumulators and other batteries included on list A, mercury- switches, glass from cathode-ray tubes and other activated glass and PCB- capacitors, or contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B B1110)2 Waste metal cables coated or insulated with plastics containing or contaminated with coal tar, PCB3, lead, cadmium, other organohalogen compounds or other Annex I constituents to an extent that they exhibit Annex III characteristics. A2 Wastes containing principally inorganic constituents, which may contain metals and organic materials A2010 A2020 A2030 A2040 A2050 A2060 Glass waste from cathode-ray tubes and other activated glasses Waste inorganic fluorine compounds in the form of liquids or sludge but excluding such wastes specified on list B Waste catalysts but excluding such wastes specified on list B Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on list B B2080) Waste asbestos (dusts and fibres) Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on list B B2050) A3 Wastes containing principally organic constituents, which may contain metals and inorganic materials A3010 A3020 A3030 Waste from the production or processing of petroleum coke and bitumen Waste mineral oils unfit for their originally intended use Wastes that contain, consist of or are contaminated with leaded anti- 41 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) A3040 A3050 A3060 A3070 A3080 A3090 A3100 A3110 A3120 A3130 A3140 A3150 A3160 A3170 A3180 A3190 A3200 A4010 A4020 knock compound sludge Waste thermal (heat transfer) fluids Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes specified on list B (note the related entry on list B B4020) Waste nitrocellulose Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludge Waste ethers not including those specified on list B Waste leather dust, ash, sludge and flours when containing hexavalent chromium compounds or biocides (note the related entry on list B B3100) Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides (note the related entry on list B B3090) Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list B B3110) Fluff - light fraction from shredding Waste organic phosphorous compounds Waste non-halogenated organic solvents but excluding such wastes specified on list B Waste halogenated organic solvents Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations Wastes arising the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin) Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more4 Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials Bituminous material (asphalt waste) from road construction and maintenance, containing tar (note the related entry on list B, B2130) from A4 Wastes which may contain either inorganic or organic constituents Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes specified on list B Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects 42 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) A4030 A4040 A4050 A4060 A4070 A4080 A4090 A4100 A4110 A4120 A4130 A4140 A4150 A4160 Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides which are off-specification, outdated,5 or unfit for their originally intended use Wastes from the manufacture, formulation and use of wood-preserving chemicals6 Wastes that contain, consist of or are contaminated with any of the following:  Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic cyanides  Organic cyanides Waste oils/water, hydrocarbons/water mixtures, emulsions Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list B (note the related entry on list B B4010) Wastes of an explosive nature (but excluding such wastes specified on list B) Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related entry on list B B2120) Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes specified on list B Wastes that contain, consist of or are contaminated with any of the following:  Any congenor of polychlorinated dibenzo-furan  Any congenor of polychlorinated dibenzo-dioxin Wastes that contain, consist of or are contaminated with peroxides Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III hazard characteristics Waste consisting of or containing off specification or outdated7 chemicals corresponding to Annex I categories and exhibiting Annex III hazard characteristics Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known Spent activated carbon not included on list B (note the related entry on list B B2060) 5 “Outdated” means unused within the period recommended by the manufacturer. 6 This entry does not include wood treated with wood preserving chemicals. 43 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) ___________ THIRD SCHEDULE _________ (Made under Regulation 12) __________ B1 Metal and metal-bearing wastes B1010 Metal and metal-alloy wastes in metallic, non-dispersible form: Precious metals (gold, silver, the platinum group, but not mercury) Iron and steel scrap    Copper scrap  Nickel scrap  Aluminium scrap  Zinc scrap  Tin scrap  Tungsten scrap  Molybdenum scrap  Tantalum scrap  Magnesium scrap  Cobalt scrap  Bismuth scrap  Titanium scrap  Zirconium scrap  Manganese scrap  Germanium scrap  Vanadium scrap  Scrap of hafnium, indium, niobium, rhenium and gallium  Thorium scrap  Rare earths scrap  Chromium scrap B1020 Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc), of:  Antimony scrap  Beryllium scrap  Cadmium scrap    Lead scrap (but excluding lead-acid batteries) Selenium scrap Tellurium scrap Refractory metals containing residues Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder), excluding such wastes as specified in list A under entry A1050, Galvanic sludge Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics8 B1030 B1031 B1040 B1050 44 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) B1060 B1070 B1080 B1090 B1100 Waste selenium and tellurium in metallic elemental form including powder Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they exhibit Annex III characteristics Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics or exhibiting hazard characteristic H4.39 Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury Metal-bearing wastes arising from melting, smelting and refining of metals:  Hard zinc spelter  Zinc-containing drosses: ­ Galvanizing slab zinc top dross (>90% Zn) ­ Galvanizing slab zinc bottom dross (>92% Zn) ­ Zinc die casting dross (>85% Zn) ­ Hot dip galvanizers slab zinc dross (batch)(>92% Zn) ­ Zinc skimmings  Aluminium skimmings (or skims) excluding salt slag  Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an extent that they exhibit Annex III hazard characteristics  Wastes of refractory linings, including crucibles, originating from copper smelting Slags from precious metals processing for further refining Tantalum-bearing tin slags with less than 0.5% tin   B1110 Electrical and electronic assemblies: Electronic assemblies consisting only of metals or alloys   Waste electrical and electronic assemblies or scrap10 (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury- switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or not contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A A1180) Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse,11 and not for recycling or final disposal12  45 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) B1115 B1120 Waste metal cables coated or insulated with plastics, not included in list A1190, excluding those destined for Annex IVA operations or any other disposal operations involving, at any stage, uncontrolled thermal processes, such as open-burning. Spent catalysts excluding liquids used as catalysts, containing any of: Transition metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A: Lanthanides (rare earth metals): Scandium Vanadium Manganese Cobalt Copper Yttrium Niobium Hafnium Tungsten Lanthanum Praseodymium Samarium Gadolinium Dysprosium Erbium Ytterbium Titanium Chromium Iron Nickel Zinc Zirconium Molybdenum Tantalum Rhenium Cerium Neody Europium Terbium Holmium Thulium Lutetium B1130 B1140 B1150 B1160 B1170 B1180 B1190 B1200 B1210 B1220 B1230 B1240 B1250 Cleaned spent precious-metal-bearing catalysts Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid form with appropriate packaging and labelling Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A A1150) Precious-metal ash from the incineration of photographic film Waste photographic film containing silver halides and metallic silver Waste photographic paper containing silver halides and metallic silver Granulated slag arising from the manufacture of iron and steel Slag arising from the manufacture of iron and steel including slags as a source of TiO2 and vanadium Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g., DIN 4301) mainly for construction Mill scaling arising from the manufacture of iron and steel Copper oxide mill-scale Waste end-of-life motor vehicles, containing neither liquids nor other hazardous components B2 Wastes containing principally inorganic constituents, which may contain metals and organic materials B2010 Wastes from mining operations in non-dispersible form:  Natural graphite waste  Slate waste, whether or not roughly trimmed or merely cut, by 46 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) sawing or otherwise  Mica waste     Leucite, nepheline and nepheline syenite waste Feldspar waste Fluorspar waste Silica wastes in solid form excluding those used in foundry operations B2020 Glass waste in non-dispersible form:  Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses B2030 Ceramic wastes in non-dispersible form:  Cermet wastes and scrap (metal ceramic composites)  Ceramic based fibres not elsewhere specified or included B2040 Other wastes containing principally inorganic constituents:  Partially refined calcium sulphate produced from flue-gas desulphurization (FGD)  Waste gypsum wallboard or plasterboard arising from the    demolition of buildings Slag from copper production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g., DIN 4301 and DIN 8201) mainly for construction and abrasive applications Sulphur in solid form Limestone from the production of calcium cyanamide (having a pH less than 9) Sodium, potassium, calcium chlorides   Carborundum (silicon carbide)  Broken concrete  Lithium-tantalum and lithium-niobium containing glass scraps B2050 B2060 B2070 B2080 B2090 B2100 B2110 B2120 B2130 Coal-fired power plant fly-ash, not included on list A (note the related entry on list A A2060) Spent activated carbon not containing any Annex I constituents to an extent they exhibit Annex III characteristics, for example, carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list A, A4160) Calcium fluoride sludge Waste gypsum arising from chemical industry processes not included on list A (note the related entry on list A A2040) Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry) Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials used for gas cleaning, flocculation or filtration processes Bauxite residue (“red mud”) (pH moderated to less than 11.5) Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A A4090) Bituminous material (asphalt waste) from road construction and maintenance, not containing tar13 (note the related entry on list A, A3200) 13 The concentration level of Benzol (a) pyrene should not be 50mg/kg or more. 47 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) B3 Wastes containing principally organic constituents, which may contain metals and inorganic materials B3010 B3020 Scrap plastic of non-halogenated polymers and co-polymers, ethylene styrene polypropylene polyethylene terephthalate acrylonitrile butadiene polyacetals polyamides polybutylene terephthalate polycarbonates polyethers polyphenylene sulphides acrylic polymers alkanes C10-C13 (plasticiser) polyurethane (not containing CFCs) polysiloxanes polymethyl methacrylate polyvinyl alcohol polyvinyl butyral polyvinyl acetate Cured waste resins or condensation products including the Solid plastic waste: The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification: • including but not limited to the following14 - - - - - - - - - - - - - - - - - - - - • following: - - - - - - • - - - tetrafluoroethylene/per fluoro vinyl ether (PFA) - tetrafluoroethylene/per fluoro methylvinyl ether (MFA) - - Paper, paperboard and paper product wastes urea formaldehyde resins phenol formaldehyde resins melamine formaldehyde resins epoxy resins alkyd resins polyamides The following fluorinated polymer wastes15 perfluoroethylene/propylene (FEP) perfluoro alkoxyl alkane polyvinylfluoride (PVF) polyvinylidenefluoride (PVDF) 14 It is understood that such scraps are completely polymerized. 15 Post-consumer wastes are excluded from this entry: - Wastes shall not be mixed - Problems arising from open-burning practices to be considered 48 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) The following materials, provided they are not mixed with hazardous wastes: B3030 other paper or paperboard, made mainly of bleached chemical Waste and scrap of paper or paperboard of: unbleached paper or paperboard or of corrugated paper or • paperboard • pulp, not coloured in the mass • example, newspapers, journals and similar printed matter) • unsorted scrap Textile wastes paper or paperboard made mainly of mechanical pulp (for other, including but not limited to 1) laminated paperboard 2) The following materials, provided they are not mixed with Silk waste (including cocoons unsuitable for reeling, yarn not carded or combed other Waste of wool or of fine or coarse animal hair, including yarn noils of wool or of fine animal hair other waste of wool or of fine animal hair waste of coarse animal hair Cotton waste (including yarn waste and garnetted stock) yarn waste (including thread waste) garnetted stock other Flax tow and waste Tow and waste (including yarn waste and garnetted stock) of other wastes and are prepared to a specification: • waste and garnetted stock) - - • waste but excluding garnetted stock - - - • - - - • • true hemp (Cannabis sativa L.) • Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie) • Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave • stock) of coconut • stock) of abaca (Manila hemp or Musa textilis Nee) • stock) of ramie and other vegetable textile fibres, not elsewhere specified or included • man-made fibres - - • • articles of twine, cordage, rope or cables of textile materials - of synthetic fibres of artificial fibres Worn clothing and other worn textile articles Used rags, scrap twine, cordage, rope and cables and worn out Waste (including noils, yarn waste and garnetted stock) of Tow, noils and waste (including yarn waste and garnetted Tow, noils and waste (including yarn waste and garnetted Tow, noils and waste (including yarn waste and garnetted sorted 49 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) B3035 B3040 other - Waste textile floor coverings, carpets Rubber wastes The following materials, provided they are not mixed with B3050 B3060 B3065 B3070 B3080 B3090 B3100 B3110 B3120 B3130 B3140 Cork waste: crushed, granulated or ground cork Degras: residues resulting from the treatment of fatty Waste of bones and horn-cores, unworked, defatted, simply Wood waste and scrap, whether or not agglomerated in logs, Waste and scrap of hard rubber (e.g., ebonite) Other rubber wastes (excluding such wastes specified Wine lees Dried and sterilized vegetable waste, residues and by-products, other wastes: • • elsewhere) Untreated cork and wood waste: • briquettes, pellets or similar forms • Wastes arising from agro-food industries provided it is not infectious: • • whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included • substances or animal or vegetable waxes • prepared (but not cut to shape), treated with acid or degelatinised Fish waste • Cocoa shells, husks, skins and other cocoa waste • • Other wastes from the agro-food industry excluding by- products which meet national and international requirements and standards for human or animal consumption Waste edible fats and oils of animal or vegetable origin (e.g. frying oils), provided they do not exhibit an Annex III characteristic The following wastes: • • • used as animal feed Waste parings and scrap of rubber Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A A3100) Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the related entry on list A A3090) Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list A A3110) Wastes consisting of food dyes Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides Waste pneumatic tyres, excluding those destined for Annex IVA operations Waste of human hair Waste straw Deactivated fungus mycelium from penicillin production to be 50 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) B4 Wastes which may contain either inorganic or organic constituents B4010 B4020 B4030 Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A A4070) Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g., water-based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A A3050) Used single-use cameras, with batteries not included on list A 51 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) __________ FOURTH SCHEDULE ___________ (Made under Regulation 12) ___________ LIST OF HAZARDOUS CHARACTERISTICS UN Class 1 Code H1 Characteristics Explosive 3 H3

35. A person who has been granted a permit on own or operate a plant or facility or site for treatment, recovery, reuse, recycling or disposal of hazardous waste shall- (a) ensure the that treatment plant, disposal facility or site operation is conducted in a relevant zoned site; (b) ensure that treatment plant, disposal facility or site is labeled with appropriate and visible hazard and safety signs, provided with First Aid kit and fire extinguisher; (c) ensure that treatment or disposal of appropriate is compatible with the treatment plant or disposal facility or site; type of hazardous waste (d) ensure that there is proper handling and management of the treatment or disposal and in a manner that does not pose risk to the public and environment; (e) provide adequate protective and safety gears to personnel involved in handling the hazardous waste; 26 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (f) ensure the waste is stored properly and is not exposed to direct sunlight, rain and wind prior to the treatment or disposal operation; (g) carry an out the annual environmental performance of the plant, facility or site and submit a report to the Council; audit of annual medical (h) provide check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (i) provide basic training handling and disposal of hazardous waste; involve staff in to Validity of permit for in- country movement of hazardous waste Offences relating to in- country movement of hazardous waste (j) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to the Council upon completion of the treatment operation; and (k) comply with any condition which the Minister may impose.

36.-(1) A permit issued under this Part shall be valid for three years and may, upon application, be renewed by the Minister: Provided that, the permit holder shall pay annual inspection fee. (2) Notwithstanding the provisions of subreguration (1), the Minister may limit the validity of a permit issued under this regulation to a specific number of transactions.

37. Any person who deals with- (a) collection of hazardous waste; (b) storage of hazardous waste; (c) transportation of hazardous waste; (d) collection and transportation up to five tonnes of hazardous waste; (e) collection and transportation up to one thousand litres of hazardous waste; (f) owning or operating facility, plant or site for treatment, recycling, reuse, recovery or disposal of hazardous waste without a permit issued under these Regulations, 27 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both. PART VI TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE Focal point and competent authority the operation of

38.-(1) The Director shall be the Focal Point and Competent Authority for the Prior Informed Consent procedure for the export, transit or other transboundary movement of hazardous waste in accordance with the provisions of the Basel Convention, 1989. (2) The Director shall closely the designated national authorities of other states under any international convention or arrangement to which the United Republic is a party. liase with (3) The Director shall disseminate information on management of hazardous waste to the public. Application requirements for export permit of hazardous waste

39.-(1) A person who intends to export hazardous waste shall fill in triplicate Notification Document in Form 6 and Movement Document in Form 7 prescribed in the Fifth Schedule to these Regulations and submit it to the Council with the following attachments- (a) a contract between the exporter and the importer specifying environmentally sound management of the wastes in question; (b) a permit for collection or storage of hazardous waste or proof of acquisition of hazardous waste from a person with a permit to collect and store hazardous waste issued under these Regulations; (c) schedule of intended shipment of the hazardous waste; (d) a proof of payment of application fees; and (e) any other document as may be required by the competent authority. (2) Upon satisfaction that the requirements of the subregulation (1) have been complied with, the Director shall notify the competent authority of the country of import and the country of transit if any, for consent. 28 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) (3) Upon receipt of the consent from the competent authority of the country of import or transit, the Council shall cause the inspection of the consignment to be exported and thereafter require the applicant to pay the export charges. Export permit

40. Where the procedure under regulation 39 has been completed, the Minister shall issue a hazardous waste export permit in Form No. 8 as prescribed in the Fifth Schedule. Conditions for export permit of hazardous waste Restricted importation of hazardous waste Application requirement s for import

42.-(1) Subject to Bamako Convention, 1991, no person shall import hazardous waste into the United Republic. (2) Without prejudice to the provisions of sub- regulation (1), the Minister after consultation with other relevant Ministries and for public interest, may allow the importation of hazardous waste into the United Republic.

43. The State of export shall notify the Minister Notification through Document in Form 6 and Movement Document in Form the Director submitting by 29 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) permit of hazardous waste Import permit of hazardous waste Conditions for import permit of hazardous waste 7 a s presribed in the Fifth Schedule, attached with the following- (a) a contract between Exporter and Importer specifying environmentally sound management of the wastes in question; (b) a schedule of hazardous waste; intended shipment of the (c) Certificate of incorporation; (d) Taxpayer Identification Number; (e) Business licence; (f) Company profile; (g) proof that the hazardous waste is generated from the State of Export; (h) proof of payment of application fees; and (i) any other document as may be required by the competent authority.

44. Upon receiving the notification from the c o m p e t e n t authorities of the state of export, and being dully satisfied by the advice of the Director, the Minister may issue consent through the movement document; and import permit in Form No. 9 prescribed in the Fifth Schedule.

6.1 H6.1 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 solids 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 52 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.)

6.2 H6.2 8 H8 9 9 9 9 H10 H11 H12 H13 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. 53 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) ________ FIFTH SCHEDULE _________ FORMS (Made under regulation 16(1)) (To be completed in Triplicate) THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE Form No. 1 APPLICATION/RENEWAL FOR A PERMIT FOR ………………OF HAZARDOUS WASTE* I hereby apply for a permit to collect/store/transport hazardous waste. The particulars of the application are given below: Name and physical address of Applicant…………................................………………… TIN Number …………………………............................................................................... Type of hazardous waste ...............................................…………………......................... Source of hazardous waste................................................................................................... Mode of hazardous waste collection....................................………………...................... Location(s) and size any…....…..........……………............................ (in square meters) of transfer storage the waste facility, if If handling liquid hazardous waste, specify type and size of containers to be used........... Collection schedule …………………………………………....................…………… Intended Recipient(s) of the hazardous waste …………………………………………… Any other relevant information………………………..........................…………………. Is Application for: Initial permit Renewal 54 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Previous Permit Number ………………………..............................……………………………….......................... Date: ……………………….............….................. Signature: ………….....................…........…............................... Designation/Title: …………………………………….……………............................………......................... FOR OFFICIAL USE ONLY Application received by ………..................on ……………..........................20………… Application Fee paid Tsh……(in words)............................................................................ *Please fill the intended activity for which the permit is sought. This includes collection or storage or transportation of hazardous waste. 55 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 Form No. 2 PERMIT TO ………………………. HAZARDOUS WASTE* (Made under regulation 18, 21 and 24) Permit No...................……. This is to certify that ………………..................................……of P.O Box………....……………… has been granted a permit to collect................................................................…….(type of hazardous waste) in Mainland Tanzania. This permit is valid for a period of thirty six starting from ………………….to…………….. unless revoked or suspended. Terms and conditions for this permit are set out overleaf. Name…………………………. Signature……………….. Date……………………… Minister Responsible for Environment *Please fill the intended activity for which the permit is granted.This includes collection or storage or transportation of hazardous waste. 56 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE Form No. 3 APPLICATION/RENEWAL FOR A PERMIT FOR OWNING, OPERATING PLANT, FACILITY OR SITE FOR HAZARDOUS WASTE (Made under regulation 16(3)) I hereby apply for a permit to own/operate treatment plant or disposal facility or site for hazardous waste. The particulars of the application are given below: Name and physical address of Applicant…………............................................................. TIN Number …………………………………………………………………………… Location and district of plant/facility/site………………………………………………… Approval of Town/Country Planning Authority………………………………………… Description of types of hazardous waste to be treated/disposed of a plant/facility/site……….. Capacity of the treatment or disposal facility per annum (tonnes)…….....……….....…… Type of treatment option to be used for: (a) Recovery and reclamation....……….....................................................……… (b) Recycling................................................................................................................ Type of hazardous waste disposal option: (a) Containment in impermeable layers.................................. ………………………… (b) Solidification .............................................................................................................. (c) Sanitary land filling ................................................................................................... (d) Land filling.................................................................................................................. (e) Decontamination....................................................................................................... (f) Incineration ………………………………….........................…..................................... Other (specify) ………………………......................................................………………… 57 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Estimated life span of plant/site (include plan or designs)……................................................. Approved energy plan (dated) ..........................................................................(Attached copy) Executive summary of Environmental Impact Statement or Environmental Audit (please attach) Is Application for: Initial permit Renewal Previous Permit Number (for renewal) ……...........................................................…… E.I.A or Environmental Audit Certificate Number………............................…..............… Any other information …………….........................................………….........................… Date: ………………Signature:…....................................................……………………….. Designation/Title:……………..............……………………....................................…… FOR OFFICIAL USE ONLY Application received by ………………….......................................…………..on……............………….20……………. Fee paid TShs……………....……(in words) ………........................................................… *Please fill the intended activity for which the permit is sought.This includes treatment or recovery or re-use or recycling or disposal of hazardous waste. 58 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA THE ENVIROMENMEANTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 Form No. 4 PERMIT TO OWN/OPERATE PLANT/FACILITY/SITE FOR HAZARDOUS WASTE (Made under regulation 34) This is to certify that Permit No...................……. ………………..................................……of P.O Box………....………………has been granted a permit to own/operate a plant/facility/site for..........................................................of hazardous waste at…………………..(Plot No., town, ward, district, region) in Mainland Tanzania. This permit is valid for a period of thirty six starting from ………………….to…………….. unless revoked or suspended. Terms and conditions for this permit are set out overleaf. Name………………….. Date……………………… Signature……………….. Minister Responsible for Environment *Please fill in the intended activity for which the permit is granted. This includes treatment or recovery or recycling or disposal of hazardous waste. 59 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE Form No. 5 THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 TRACKING DOCUMENT FOR TRANSPORT, TREATMENT, RECYCLING, REUSE, RECOVERY OR DISPOSAL OF HAZARDOUS WASTE (To be completed in Five Copies)* (Made under regulations 17(1)(e), 19(l), 20(1)(f), 22(l), 23(1)(f), 26(1)(i), 29(1)(g), 31(j) and 33 (l)) A (i) Name of holder of transport permit ............................ Transporter (ii) Transport Permit Number …………...... (iii) Municipality/District of operation................................... CONSIGNMENT NOTE FOR THE TRANSPORT AND TREATMENT/DISPOSAL OF HAZARDOUS WASTE B (i) Source of the hazardous waste....................................................... Description of the hazardous waste (ii) Location of generated hazardous waste………………………..... (iii) Type of hazardous waste............................................................... (iv) Quantity of hazardous waste......................................................... (v) Size and number of Containers, if any…….............................…. C Generator or Collector D Treatment, Recycling, Reuse, Recovery, Storage or Disposal Facility (i) Name of hazardous waste generator or collector………………. (ii) Physical location of hazardous waste generator or collector……… (iii) Name:......................................................................... (iv) Position:..................................................................... (v) Signature………………………………………… (vi) Date: .......................................................................... I certify that I have received ……………(quantity of hazardous waste) as described in A, B and C. The hazardous waste was delivered in vehicle or other means of transportation...................................................…...(Registration No.) at............................(time) on…..........…………….….(date) and the 60 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Owner/Operator’s Certification carrier gave his/her name as…................……………...on behalf of collector or transporter..........…….............................................……… The hazardous waste shall be stored or treated or disposed as per Owner/Operator Permit No. or EIA/EA Certificate No....................... Name: ..................................................................................... Position:.................................................................................... Signature:................................................................................. Date: .................................................................................................. On behalf of (in case the Recipient is not the facility owner):….......... (In case the hazardous waste is to be delivered to another facility) I certify that I have received ……………(quantity of hazardous waste) as described in A, B and C. The hazardous waste was delivered in vehicle or other means of transportation...................................................…...(Registration No.) at............................(time) on…..........…………….….(date) and the carrier gave his/her name as…................……………...on behalf of collector or transporter..........…….............................................……… The hazardous waste shall be stored or treated or disposed as per Owner/Operator Permit No. or EIA/EA Certificate No....................... Name: ..................................................................................... Position:.................................................................................... Signature:................................................................................. Date: .................................................................................................. On behalf of (in case the Recipient is not the facility owner):….......... *Original (Yellow) – Director of Environment: Copy 1. (Pink) – Local Government Authority:Copy

2. (Blue) – Source of Hazardous Waste:Copy 3. (Green) – Recycler/Re – User/Disposer/Storer of Hazardous Waste: Copy 4. (Brown) - Transporter 61 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Form No. 6 _______ NOTIFICATION DOCUMENT ________ (Made under regulation 39(1), 43 and 46) ___________

1. Exporter - notifier Registration No: Name : Addre ss: Contact person: Tel: Fax: E- mail:

2. Importer - consignee Registration No: Name : Addre ss: Fax: Contact person: Tel: E- mail:

8. Intended carrier(s) Registration No: Name (7): Addre ss: Fax: Contact person: Tel: E- mail: Means of transport (5):

9. Waste generator(s) - producer(s) (1;7;8) Registration No:

3. Notification No: Notification concerning A.(i ) B.(i ) Individual shipment:  (ii) Multiple shipments:  Disposal (1):  (ii) Recovery :  Pre-consented recovery facility (2;3) Yes  No  C.

5. Total intended quantity (4): Tonnes (Mg): m3:

6. Intended period of time for shipment(s) (4): Last departure: Yes:  No:  First departure:

7. Packaging type(s) (5): Special handling requirements (6):

11. Disposal / recovery operation(s) (2) D-code / R- code (5): Technology employed (6): Reason for export (1;6):

12. Designation and composition of the waste (6): 62 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.)

14. Waste identification (fill in relevant codes) Nam e: Addre ss: Contact person: Tel : E-mail: Site and process of generation (6)

10. Disposal facility (2): Registratio n No: Name : Addres s: Contact person: Tel: E-mail: or recovery facility (2):   Fax : (i) Basel Annex VIII (or IX if applicable): (ii) OECD code (if different from (i)): (iii) EC list of wastes: (iv) National code in country of export: (v) National code in country of import: (vi) Other (specify): (vii) Y-code: (viii) H-code (5): (ix) UN class (5): (x) UN Number: (xi) UN Shipping name: (xii) Customs code(s) (HS): Actual site of disposal/recovery:

15. (a) Countries/States concerned, (b) Code no. of competent authorities where applicable, (c) Specific points of exit or entry (border crossing or port) State of export - dispatch State(s) of transit (entry and exit) State of import - destination (a) (b) (c)

16.Customs offices of entry and/or exit and/or export (European Community): Exp Exi Entr y: ort: t:

17. Exporter's - notifier's / generator's - producer's (1) declaration: I certify that the information is complete and correct to my best knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement. Exporter's - notifier's name: Generator's - producer's name: Signatur e: Signatur e: Date: Date:

18. Number of annexes attached FOR USE BY COMPETENT AUTHORITIES 63 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.)

19. Acknowledgement from the relevant competent authority of countries of import - destination / transit (1) / export - dispatch (9): Country : Notification received on: Acknowledgement sent on: Name of competent authority: Stamp and/or signature:

20. Written consent (1;8) to the movement provided by the competent authority of (country): Consent given on: Consent valid from: Specific conditions: Name of competent authority: Stamp and/or signature: If Yes, see block 21 (6): until : No:  

21. Specific conditions on consenting to the movement document or reasons for objecting (1) Required by the Basel Convention (2) In the case of an R12/R13 or D13-D15 operation, also attach corresponding information on any subsequent R12/R13 or D13-D15 facilities and on the subsequent R1-R11 or D1-D12 facilit(y)ies when required (3) To be completed for movements within the OECD area and only if B(ii) applies (4) Attach detailed list if multiple shipments (5) See list of abbreviations and codes on the next page (6) Attach details if necessary (7) Attach list if more than one (8) If required by national legislation (9) If applicable under the OECD Decision 64 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) DISPOSAL OPERATIONS (block 11) D1 D2 D3 D4 D5 D6 D7 D8 D9 D10 D11 D12 D13 D14 D15 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 or 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 list which results in final compounds or mixtures which are discarded by means of any of the operations in this list Physico-chemical treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations in this list (e.g., evaporation, drying, calcination, etc.) Incineration on land Incineration at sea Permanent storage, (e.g., emplacement of containers in a mine, etc.) Blending or mixing prior to submission to any of the operations in this list Repackaging prior to submission to any of the operations in this list Storage pending any of the operations in this list List of abbreviations and codes used in the notification document RECOVERY OPERATIONS (block 11) R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12 R13 Use as a fuel (other than in direct incineration) or other means to generate energy (Basel/OECD) - Use principally as a fuel or other means to generate energy (EU) 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 Used oil re-refining or other reuses of previously used oil Land treatment resulting in benefit to agriculture or ecological improvement Uses of residual materials obtained from any of the operations numbered R1-R10 Exchange of wastes for submission to any of the operations numbered R1-R11 Accumulation of material intended for any operation in this list. 65 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) PACKAGING TYPES (block 7) H-CODE AND UN CLASS (block 14)

9. Other (specify) MEANS OF TRANSPORT (block 8) R = Road T = Train/rail S = Sea A = Air W = Inland waterways PHYSICAL CHARACTERISTICS (block 13)

7. Other (specify) UN Class H-code Characteristics 1 3

6.2 8 9 9 9 9 H1 H3 H4.1 H4.2 H4.3 H5.1 H5.2 H6.1 H6.2 H8 H10 H11 H12 H13 Explosive Flammable liquids Flammable solids Substances or wastes liable to spontaneous combustion Substances or wastes which, in contact with water, emit flammable gases Oxidizing Organic peroxides Poisonous (acute) Infectious substances Corrosives Liberation of toxic gases in contact with air or water Toxic (delayed or chronic) Ecotoxic Capable, by any means, after disposal of yielding another material, e. g., leachate, which possesses any of the characteristics listed above 66 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Formno.7 _________ MOVEMENT DOCUMENT _______ (Made Under Regulation 39(1), 43 And 46) _______ 1 i) Exporter (name, address) Contact person: Tel: Fax/T elex: Waste generator (name, address) (1) 1 ii) Contact person: Tel: Fax/T elex: Site of generation:

2. Importer (name, address) Contact person:

5. 1st Carrier (name, address): Tel: Fax/T elex: 6 . 3 Correspon ding to Notificati on: Movement subject of (1)

4. Serial number of shipment single notification general notification

8. Disposal (name, address) Contact person: Actual site of disposal: Tel: Fax/T elex: Method(s) of disposal: 9 . D code / R code (3): Technology Employed *: *(Attach details if necessary) 2nd Carrier (name, address) (4):

7. Last carrier (name, address): Registra tion No: T el: Fax/T elex: Registrat ion No: Te l: Registrat ion No: Te l: Fax/T elex: Fax/ Telex :

10. Identity of means of transport (3) 1 1 . Identity of means of transport (3) 1

2. Identity of means of transport (3) Date of transfer: Date of transfer: 67 Date of transfer: Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Signature of Carrier’s Representative Signature of Carrier’s Representative Signature of Carrier’s Representative

13. Designation and chemical composition of the waste

15. Waste identification code in country of export: in country of import: Custom s code (H.S.): IWIC: EWC: Other (specify):

20. Special handling instructions (including in 2

2. re d and number Exporter’s declaration: Physical characteristics (3) 1

8. Packages (2) kg Type: litr es Number: UN Classification 1

9. UN Shipping Name: UN Identification: UN class (3): H Number (3): Y Number: case of accidents) I certify that the information in blocks 1 to 9 and 13 to 21 above is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are in force covering the transboundary movement, and that all necessary authorizations have been received from the competent authorities of the States concerned.

21. Actual date of shipment Name Date: Signature: TO BE COMPLETED BY IMPORTER/DISPOSER

23. Shipment received by Importer on (if not Disposer): Quantity received: Date: kg/litres Signature: Name: 24 Shipment received at Disposer on: Quantity received: Date: kg/litres accepted rejected(5 ) accepted rejected(5 ) 68 I certify that the disposal/recovery of the waste 2 5 . described above has been completed. Date: Name: Signature and Stamp: Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Name: Approximate date of disposal: Method of disposal: Signature: (1) Attach list, if more than one (2) Enter X in appropriate boxes (3) See codes on the reversed in (4) If more than three carriers attach information as require blocks 6 and 11 (5) Immediately contact Competent Authority LIST OF ABBREVIATIONS USED IN THE MOVEMENT DOCUMENT DISPOSAL (NO RECOVERY) (Block 9) RECOVERY OPERATIONS (Block 9) D1 D2 D3 D4 D5 D6 D7 D8 D9 D10 D11 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 or 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 onto lined discrete cells which are capped and isolated from one another and the environment, etc...) Release into water body except seas/oceans Release into seas/oceans including sea- bed insertion Biological treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any operations number D1 to D12 Physico-chemical treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any operations D1 to numbered D12, (e.g., evaporation, drying, calcination etc.) Incineration on land Incineration at sea R1 Use as a fuel (other than in direct incineration) or other means to generate energy R2 Solvent reclamation/regeneration R3 Recycling/reclamation of organic substances which are not used as solvents R4 Recycling/reclamation of metal compounds R5 Recycling/reclamation of other inorganic materials R6 Regeneration of acid or bases R7 Recovery of components from used for pollution abatement R8 Recovery of components from catalysts R9 Used oil re-refining or other reuses of previously used oil R1 0 R1 1 Land treatment resulting in benefit to agricultural or eco- logical improvement Uses of residual material obtained from any of the operations numbered R1 to R10 Exchange of wastes for submission to any of the operations numbered Accumulation of material intended for any operations numbered R1 to R2 R1 2 R1 to R11 R1 3 69 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) D12 Permanent Storage, (e.g., emplacement in containers in a mine, etc.) D13 Blending or mixing prior to submission H NUMBER AND UN CLASS (Block 19) S = Sea

5.2 H5.2 Organic peroxides to any of the operations numbered D1 to D12 D14 Repackaging prior to submission to any of the operations number D1 to D12. Storage pending any of the operations D1 to D12. D15 MODES OF TRANSPORT (Blocks 10 – 12) R = T = Train/Rail Road PACKAGING TYPES (Block 18) 6Composite Packaging 7Pressure receptacle Dru m Woo den Barr el Jerri can Box 9Other 8Bulk (Specify) A = W = Bag Inland Waterways PHYSICAL CHARACTERISTICS (Block 14) Powdery/powd er Solid 6 Gaseous 5 Liquid Viscous/paste 7 Other (specify) Sludgy 1 2 3 4 5 1 2 3 4 UN Class/ 1 H Numbe r H1 Explosive 3 H3 Inflammable liquids

4.2 H4.1 Inflammable solids H4.2 Substances or wastes liable to spontaneous combustion

4.3 H4.3 Substances or waste which, in contact with water, emit inflammable gases

6.2 H6.2 Infectious substances 8 9 9 9 9 H8 Corrosives H10 Liberation of toxic gases in contact with air or water Toxic (delayed or chronic) Ecotoxic H11 H12 H13 Capable, after disposal, of yielding another material, e.g. leachate, which possesses any of the characteristics listed above. STAMPS OF CUSTOM OFFICES OF TRANSIT COUNTRIES FOR USE BY CUSTOMS OFFICERS

26. COUNTRY OF EXPORT/DISPATCH OR CUSTOMS OFFICE OF EXIT 2

8. The waste described overleaf has left the country on: Stamp: Name of Country (2): Name of Country (2): Entry Departure Entry Departure 70 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Sig natu re:

27. COUNTRY OF IMPORT/DESTINATION The waste described overleaf has entered the country on: Stamp: Signature: Name of Country (2): Name of Country (2): Entry Departure Entry Departure 71 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA Form No. 8 THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 __________ PERMIT FOR EXPORT OF HAZARDOUS WASTE _________ (Made under regulation 40) _________ This is to certify that Permit No...................……. ………………..................................……of P. O. Box………....……………… has been granted a permit to export...................................................................…….(type of hazardous waste) to..........................................................(name of the country of import) with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific export transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent export transaction. Terms and conditions for this permit are set out overleaf. Name……………………. Signature ……………….. Date……………………… Minister responsible for Environment 72 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA Form No. 9 THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 __________ PERMIT FOR IMPORT OF HAZARDOUS WASTE _________ (Made under regulation 44) __________ This is to certify that Permit No...................……. ………………..................................……of P. O. Box………....……………… has been granted a permit to import...................................................................…….(type of hazardous waste) to Mainland Tanzania with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific import transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent import transaction. Terms and conditions for this permit are set out overleaf. Name…………………… Signature……………….. Date……………………… Minister responsible for Environment 73 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) THE UNITED REPUBLIC OF TANZANIA Form No. 10 THE ENVIRONMENTAL MANAGEMENT (HAZARDOUS WASTE CONTROL AND MANAGEMENT) REGULATIONS, 2021 ____________ PERMIT FOR TRANSIT OF HAZARDOUS WASTE _____________ (Made under regulation 47) __________ Permit No...................……. This is to certify that ………………..................................……of P. O. Box………....……………… has been granted a permit to transit...................................................................…….(type of hazardous point) waste) of and....................................... ...........................................(tonnes or litres). at.....................................(entry quantity through Mainland point) with Tanzania volume (exit or a This permit shall relate to the specific transit transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent transit transaction. Terms and conditions for this permit are set out overleaf. Name………………………. Signature ……………………… Date ……………………………. Minister responsible for Environment 74 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Form No. 11 ___________ FORM OF RECORDS __________ (Made under regulation 65(a)) Type of activity:.......................................................................................................... Date Type of waste Source of waste Amount of waste 75 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) Form No. 12 FORMAT OF THE BI-ANNUAL REPORT ___________ (Made under regulation 66(1)) ___________ (1) Introduction  This Chapter shall provide general profile of the business or company including location, main activities, employees, annual turnover, and permits and lincenses. (2) Hazardous waste management   This Chapter shall describe the type and amount of hazardous waste being handled, source and recipient of waste. It may also indicate trend in amount of hazardous waste handled over the past years since the operation of the business or company. (3) Challenges  This Chapter shall highlight challenges being encountered in the permitted activity. (4) Comments or Recommendations, if any (5) Attachments  The permit holder shall attach the following documents: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) business licence; certificate of incorporation and Memorandum and Articles of Association, in case of a company; Tax clearance form; relevant contract agreements; relevant permit(s) from other Authorities; Emergency Response Plan; Tracking Document; Form of records. 76 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) __________ SIXTH SCHEDULE _________ CATEGORIES OF HEALTH CARE WASTE _________ (Made under regulation 52)

3. Sharps Waste suspected to contain pathogens e.g. laboratory culture, waste from isolation wards, tissues (swabs), materials, or equipment that have been in contact with tubings, catheters, IGS toxins, live or attenuated vaccines, soiled plaster costs and other materials contaminated with blood infected patients, excreta. Human and animal tissues or fluds, e.g. body parts blood and other body fluds, fetuses, animal carcasses. Sharp waste e.g. needles, infusion sets, scalpels, knives blades, broken glass that may cause puncture and cuts. This includes both used and unused sharps.

4. Pharmaceutical waste Waste containing pharmaceutical e.g. pharmaceuticals that are expired or no longer needed; items contaminated by or containing pharmaceuticals (bottles, boxes).

6. Chemical waste Waste containing substances with genotoxic properties, e.g. waste containing cytostatice drug (often used in cancer therapy), genotoxic chemicals. Waste containing chemical substances e.g. laboratory reagents; film developer, disinfectants, (disinfectants) that are expired or no longer needed solvents.

7. Wast with high content of heavy metals. Batteries, broken thermometers, blood-pressures gauges, etc.

9. Pressurizes containers Gas cylinders, gas cartridges, aerosol cans. Reldioactive waste Walste containing radioactive substances e.g. unused liquids from radiotherapy or laboratory research, contaminated glassware, packages, or absorbent paper, urine and excreta from patients treated or tested with unsealed radionuclides, sealed sources.

10. General solid waste Waste generated from offices, kitchens, packaging material from stores.

11. Microorganisms Any biological entity, cellular or non-cellular capable or replication or of transferring genetic material. 77 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) _________ SEVENTH SCHEDULE _________ (Made under regulation 53) COLOUR CODE FOR HEALTH CARE WASTE ADOPTED FROM THE WHO COLOUR CODE Type Colour of Container and markings Type of Container

2. Pathological Yellow Strong leak proof-plastic gag with biohazard symbol Strong leak proof-plastic bag with biohazard symbol.

5. Sharps Yellow-(marked sharps) Puncture proof Chemical and Pharmaceutical Non-infectious/non Hazardous (non- clinical) Brown Black Plastic bag or container Plastic bag or container

6. Radioactive waste Any, but with radiation hazard symbol Lead box, labelled with radioactive symbol

7. General healthcare waste Black Plastic bag or container Infectious, Pathological and Sharp waste should also be marked with the international biohazard symbol. Chemicals should also be marked with the appropriate international chemical hazard symbol Radioactive must be labelled with the appropriate warning symbol as in Schedule Eight Part II. Note: 1) Colour coding of waste categories with multiple treatment options as defined in Schedule Nine, shall be selected depending on treatment option chosen, which shall be as specified in Schedule Nine. 2) Collection bags for waste types needing incineration shall not be made of chlorinated plastics. 78 Environmental Management (Hazardous Waste Control and Management) GN. NO. 389 (Contd.) ________ EIGHTH SCHEDULE __________ TREATMENT METHODS OF HEALTH CARE WASTES __________ (Made under regulation 54) WASTE CATEGORY Contaminated animal carcasses Cultures and stock Contaminated bedding/patient care waste Contaminated small equipment Contaminated large equipment Waste Biological Surgery waste Human blood Autopsy waste Human blood products Contaminated laboratory waste Pathological waste Dialysis unit waste Contaminated and unused sharps Pharmaceutical waste Anti-neoplastic drug waste Low level radioactive waste Note: TREATMENT METHOD Incineration Steam sterilization Steam sterilization or Incineration Steam sterilization or incineration Formaldehyde decontamination Steam sterilization or incineration Steam sterilization or incineration Steam sterilization or incineration Incineration Steam sterilization or Incineration Steam sterilization Steam sterilization or Incineration/Grinding Steam sterilization Steam sterilization and incineration/grinding See separate Pharmaceutical waste guidelines Incineration Consult Tanzania Atomic Energy Agency

1. Chemical treatment using at least 1% hypochlorite solution or any other equivalent chemical reagent. It must be ensured that the chemical treatment.

2. Mutilation or shredding must be such so as to prevent unauthorized reuse.

3. There will be no chemical pre-treatment before incineration.

4. Chlorinated plastics shall not be incinerated.

5. Deep burial shall be an option available only in towns with population less than five hundred thousand and in rural areas. Dodoma, 7th May, 2021 SELEMANI SAIDI JAFO Minister of State, Vice President’s Office (Union Affairs and Environment) 79