Legislation improvement to reduce UPOPs emissions in Cambodia


Under the implementation of Outcome 1: Strengthened legislative capacity for introducing BAT/BEP in waste open burning source category of the regional project of “Demonstration of BAT and BEP in Open Burning Activities in Response to the Stockholm Convention on POPs”.

The annual total generation of MSW in Cambodia is estimated to be around 4.09 million tonnes per annum and the waste generation rate is estimated to be 0.50 kg/cap/day in Cambodia based on the population of 15,391,058 in 2015 (Provincial Departments of Planning, 2016)[1] However, waste generation rate in Phnom Penh in 2015 is estimated 1kg/cap/day due to the life style change in city[2]. The amount of MSW taken to the landfill was about 2.57 million tonnes in 2015. The collection service is only limited to some urban areas such as Phnom Penh city. Local municipalities made a great effort to improve the waste collection. As a result, the amount of MSW disposed to landfill sites has increased 136% from 2014 to 2015 (Ministry of Environment Cambodia, 2016).

Solid waste collection in

some key urban areas have improved recently through decentralization and delegation of functions and a timely transfer of much needed resources to sub-national level. Much more effort is required to further improve the waste management in all municipalities and localities, especially in addressing hazardous waste, persistent organic pollutants (POPs) and newly emerging electronic and electrical wastes, as well as plastic waste.

It is extremely critical to take further immediate actions to manage (sort, treat, and dispose) solid waste generated by households, industrial centres, manufacturers, enterprises, and hospitals and so on. It is important to construct sanitary land-fills so that these wastes are collected and treated instead of being disposed at open dumping sites or burned without proper control measures. Actions must be undertaken to achieve modernization and decentralization of integrated solid waste management through promoting three Rs – reduce, reuse, and recycle, as well as waste dumping fee based on volume to encourage recycle.

The component 1, legislation improvement to reduce UPOPs emissions in Cambodia of the “Demonstration of BAT and BEP in open burning activities in response to the Stockholm Convention on POPs” which is very responsive to the current situation of legislation development and improvement as well as law enforcement in the country.

Cambodia does not have yet a specific legislation aims at POP management by sectors so far, for example, a regulation targeting unintentional by-products management (Dioxins and Furans) at generating and potential generating sources, especially waste incinerators which do not have appropriate devices to control temperature and pollutants absorbance. It therefore causes the gaps within the POP related sectoral management in terms of both the legal and institutional frameworks. Relevant competent authorities and government line agencies try to translate the existing legislations to engage its management to ensure the green environment and public health protection and prevention from POP and related matters.  

Under this national umbrella law, numbers of legal instrument related to environmental protection and conservation have been developed and adopted, of which environmental pollutants release into atmosphere, i.e. dioxins and furan substances, have been addressed in national regulations, decrees, sub-decrees, and so on. The greatest numbers of regulations concerning the direct management of dioxins and furans substances were specified in sub-decree No. 27 on Water Pollution Control issued on April 06, 1999 and under sub-decree No. 36 on Solid Waste Management, issued on April 27, 1999. Other regulations also address the management of chemicals and particles that have linked to the prevention of dioxin and furan release.

In late August 2015, the Royal Government of Cambodia (RGC) adopted the sub-decree No. 113 on “solid waste management in urban areas”. The intention of the sub-decree is to improve garbage and solid waste management in an effective, transparent, and accountable manner in order to ensure safety, public health protection, beauty and quality of environment. Under this Sub-Decree, provincial administration is only given the roles to provide support, coordination and encouragement to the operation of garbage and solid waste management as directly implemented by the town/municipality and district administrations. This means that M/D administrations would have clear roles once this Sub‐Decree is implemented. One key component of the sub-decree is the fee system, which the fee setting procedures, the fee collection mechanisms and the fee management in Cambodia was also mentioned.

Currently, the Ministry of Environment as is mandated by the RGC to act as a leading agency to formulate environmental and natural resources Code, this is a big legal improvement which are trying to combine all existing environmental and natural resources management related legislation frameworks into on Code. The purpose of the Environmental and Natural Resources Code is to promote the sustainable development of Cambodia through the conservation of the environment and sustainable use of natural resources and the Code will also provide a clear direction for solid waste management in Cambodia.

 


[1] JICA and MPP (2005) estimated the amount to be around 0.487 kg per capita per day.

[2] According to the Phnom Penh Department of Planning, 2015, the pfficial Population of Phnom Penh city is 1,445,902 however, there are number of unregistered residents and tourism. Therefore, waste generation per capita is relatively high

 

 

It is extremely critical to take further immediate actions to manage (sort, treat, and dispose) solid waste generated by households, industrial centres, manufacturers, enterprises, and hospitals and so on. It is important to construct sanitary land-fills so that these wastes are collected and treated instead of being disposed at open dumping sites or burned without proper control measures. Actions must be undertaken to achieve modernization and decentralization of integrated solid waste management through promoting three Rs – reduce, reuse, and recycle, as well as waste dumping fee based on volume to encourage recycle.

The component 1, legislation improvement to reduce UPOPs emissions in Cambodia of the “Demonstration of BAT and BEP in open burning activities in response to the Stockholm Convention on POPs” which is very responsive to the current situation of legislation development and improvement as well as law enforcement in the country.

Cambodia does not have yet a specific legislation aims at POP management by sectors so far, for example, a regulation targeting unintentional by-products management (Dioxins and Furans) at generating and potential generating sources, especially waste incinerators which do not have appropriate devices to control temperature and pollutants absorbance. It therefore causes the gaps within the POP related sectoral management in terms of both the legal and institutional frameworks. Relevant competent authorities and government line agencies try to translate the existing legislations to engage its management to ensure the green environment and public health protection and prevention from POP and related matters.  

Under this national umbrella law, numbers of legal instrument related to environmental protection and conservation have been developed and adopted, of which environmental pollutants release into atmosphere, i.e. dioxins and furan substances, have been addressed in national regulations, decrees, sub-decrees, and so on. The greatest numbers of regulations concerning the direct management of dioxins and furans substances were specified in sub-decree No. 27 on Water Pollution Control issued on April 06, 1999 and under sub-decree No. 36 on Solid Waste Management, issued on April 27, 1999. Other regulations also address the management of chemicals and particles that have linked to the prevention of dioxin and furan release.

In late August 2015, the Royal Government of Cambodia (RGC) adopted the sub-decree No. 113 on “solid waste management in urban areas”. The intention of the sub-decree is to improve garbage and solid waste management in an effective, transparent, and accountable manner in order to ensure safety, public health protection, beauty and quality of environment. Under this Sub-Decree, provincial administration is only given the roles to provide support, coordination and encouragement to the operation of garbage and solid waste management as directly implemented by the town/municipality and district administrations. This means that M/D administrations would have clear roles once this Sub‐Decree is implemented. One key component of the sub-decree is the fee system, which the fee setting procedures, the fee collection mechanisms and the fee management in Cambodia was also mentioned.

Currently, the Ministry of Environment as is mandated by the RGC to act as a leading agency to formulate environmental and natural resources Code, this is a big legal improvement which are trying to combine all existing environmental and natural resources management related legislation frameworks into on Code. The purpose of the Environmental and Natural Resources Code is to promote the sustainable development of Cambodia through the conservation of the environment and sustainable use of natural resources and the Code will also provide a clear direction for solid waste management in Cambodia.