Joint Circular No. 05/2016/TTLT-BNNPTNT-BTNMT guides the collection, transportation, and disposal of pesticide packaging after use.

 

JOINT CIRCULAR

GUIDELINES FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF PESTICIDE PACKAGES AFTER USE

1. List of products changing information related to trade name and information related to organizations and individuals registering, Appendix I issued together with this Circular:

Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing the implementation of certain Articles of the Law on Environmental Protection; The Minister of Agriculture and Rural Development and the Minister of Natural Resources and Environment issue this Joint Circular guiding the collection, transportation and disposal of pesticide packages after use.

Pursuant to Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

This Joint Circular guides the collection, transportation and disposal of pesticide packages after use.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular applies to organizations and individuals involved in the activities related to the collection, transportation and disposal of pesticide packages after use.

Article 2. Applicability

COLLECTION, TRANSPORTATION AND DISPOSAL OF PESTICIDE PACKAGES AFTER USE

Chapter II

Article 3. Collection of pesticide packages after use

1. Pesticide packages after use must be collected into storage tanks. OF NATIONAL

2. Storage tanks must meet the following requirements:

a) Located at appropriate positions along roads, internal traffic routes within fields, large field edges; not prone to flooding, close to mixing points before spraying for easy collection of pesticide packages after use; not affecting sources of drinking water, residential areas, traffic, and rural aesthetics;

b) Made of durable materials resistant to corrosion, without leakage, and not chemically reactive with the waste inside; capable of preventing seepage, ensuring that waste does not leak out; ensuring they are not moved by wind or water;

c) Shaped as cylinders or rectangular blocks suitable for the location, facilitating movement. The capacity of the storage tank is approximately 0.5 - 1 m3, with a tightly sealed lid. The lid must be sturdy, not moved by wind or rain, wider than the tank walls by at least 5 cm to prevent rainwater from entering; the vertical side of the storage tank has a small door near the lid that can be easily opened and closed; the tank height should be appropriate to prevent floodwaters from entering;

d) Outside the storage tank, there must be the inscription "

Storage tank for pesticide packages after use" and warning symbols according to Vietnam Standard TCVN 6707:2009 on Hazardous Waste - Warning Signs;e) Depending on the characteristics of crops and the extent of pesticide use, the number of storage tanks must ensure sufficient capacity for all pesticide packages after use in the cultivated area. However, there must be at least one storage tank for every 3 hectares of annual crop cultivation or 10 hectares of perennial crop cultivation using pesticides.

3. Pesticide packages after use are collected into storage tanks for transportation to disposal. In necessary cases, areas for temporary storage of pesticide packages from the storage tanks can be established for transportation to disposal.

4. Temporary storage areas must meet the following requirements:

a) Located far from residential areas, water sources, markets, hospitals, schools, and other environmental protection requirements. The temporary storage area must be enclosed, preventing odors from spreading outside, with a ground level high enough to avoid flooding, designed to prevent rainwater from flowing in, covered entirely by non-flammable materials to shield from sun and rain, with measures or designs to limit direct wind entry, and with drainage channels leading to a lower sump to prevent liquid overflow during cleaning, firefighting, or leaks. The floor and sump in the temporary storage area must be made of waterproof material;

b) Outside the temporary storage area, there must be the inscription "

Temporary storage area for pesticide packages after use (local name)c) Pesticide packages after use in the temporary storage area must be carefully packed in specialized packaging capable of withstanding impact, resisting corrosion, rust, chemical reactions with the pesticides inside, preventing seepage or leakage; they must be placed at least 50 cm away from the surrounding wall of the temporary storage area, not exceeding 300 cm in height, with a main aisle straight and at least 150 cm wide;e) Depending on the characteristics of crops and the extent of pesticide use, the number of storage tanks must ensure sufficient capacity for all pesticide packages after use in the cultivated area. However, there must be at least one storage tank for every 3 hectares of annual crop cultivation or 10 hectares of perennial crop cultivation using pesticides.

d) Ensure that pesticide packages after use do not fall off, spread during the consolidation process from the storage tanks to the temporary storage area.

d) Ensure that the packaging of plant protection products does not fall, leak, or spread during the consolidation process from storage tanks to the storage area.

Article 4. Transporting and handling empty pesticide packages after use use

1. Empty pesticide packages after use collected from storage tanks or storage areas shall be transported to the designated disposal site in accordance with Circular No. 36/2015/TT-BTNMT dated June 30, 2015 issued by the Minister of Natural Resources and Environment on the management of hazardous waste (hereinafter referred to as Circular No. 36/2015/TT-BTNMT).

2. Empty pesticide packages after use stored in storage tanks or storage areas must be transferred for disposal within twelve months.

3. Empty pesticide packages after use stored in storage tanks or storage areas must be handed over to units with appropriate functions and capabilities for disposal in accordance with regulations on the management of hazardous waste.

Chapter III

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS INVOLVED

Article 5. Responsibilities of pesticide users and enterprises directly investing in agricultural and forestry crop production that generate empty pesticide packages after use

1. Pesticide users shall be responsible for:

a) After mixing and spraying pesticides, collecting empty pesticide packages after use and placing them in storage tanks as stipulated in Article 3 of this Joint Circular;

b) Separating empty pesticide packages after use from household waste and field sanitation waste;

c) Not using empty pesticide packages after use for other purposes;

d) Not burning or burying empty pesticide packages after use at will.

2. Enterprises directly investing in agricultural and forestry crop production that generate empty pesticide packages after use shall be responsible for:

a) Organizing the collection of empty pesticide packages after use within their managed area;

b) Signing contracts to transfer empty pesticide packages after use to units with permits to handle hazardous waste for disposal;

c) Fulfilling the responsibilities of waste generators as prescribed in Circular No. 36/2015/TT-BTNMT;

d) Paying costs for constructing storage tanks, collecting, transporting, and disposing of empty pesticide packages after use.

Article 6. Responsibilities of organizations and individuals collecting, transporting, and disposing of empty pesticide packages after use

1. Individuals collecting empty pesticide packages after use shall be responsible for:

a) Implementing safety measures during the collection of empty pesticide packages after use;

b) Equipping personal protective equipment such as gloves, masks, protective clothing, rubber boots, and other necessary tools and materials for the collection of empty pesticide packages after use;

c) Signing contracts and being paid according to the contract or agreement with the employer for the collection of empty pesticide packages after use.

a) Based on the actual conditions of each locality, the People's Committee of districts, towns, cities under provinces (hereinafter collectively referred to as the District People's Committee), the People's Committee of communes, wards, towns (hereinafter collectively referred to as the Commune People's Committee) select units to manage storage tanks and storage areas.

b) Units managing storage tanks and storage areas shall directly collect, or sign contracts, or mobilize the support of organizations and individuals to collect empty pesticide packages after use from storage tanks to storage areas and ensure that empty pesticide packages after use are not left in unauthorized locations within their management area.

c) Units managing storage tanks and storage areas shall sign contracts with units having appropriate functions and capabilities to dispose of empty pesticide packages after use and register as the generator of hazardous waste in the Hazardous Waste Generator Register or report on hazardous waste management regularly; declare invoices and transfer empty pesticide packages after use in accordance with Circular No. 36/2015/TT-BTNMT.

3. Organizations and individuals transporting and disposing of empty pesticide packages after use shall comply with the provisions of Circular No. 36/2015/TT-BTNMT.

Article 7. Responsibilities of People's Committees at all levels

1. The People's Committee of provinces and centrally governed cities (hereinafter collectively referred to as the Provincial People's Committee) shall be responsible for:

b) Directing functional units in the locality to organize, publicize, guide, and inspect the work of collecting empty pesticide packages after use;

c) Annually compiling the situation of the generation, collection, and disposal of empty pesticide packages after use and reporting to the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment.

a) Organizing and guiding the Commune People's Committees to collect empty pesticide packages after use in their areas; managing the collection of empty pesticide packages in their areas;

b) Managing the transfer of empty pesticide packages after use from the Commune People's Committees to units with appropriate functions and capabilities in accordance with regulations on the management of hazardous waste for transportation and disposal of empty pesticide packages after use;

c) Inspecting and guiding the collection of empty pesticide packages after use in accordance with the law;

d) Annually compiling the situation of the generation, collection, and disposal of empty pesticide packages after use in their management area and reporting to the Provincial People's Committee.

a) Specifying the location for setting up storage tanks and implementing construction to meet requirements as stipulated in Article 3 of this Circular;

b) Specifying the location for setting up storage areas (if any) and implementing construction in accordance with the provisions of Article 3 of this Circular;

c) Publicizing and guiding pesticide users in their area to collect empty packages and place them in storage tanks and comply with relevant legal regulations;

d) Inspecting and guiding the collection of empty pesticide packages after use in accordance with the law;

đ) Annually compiling the situation of the generation, collection, and disposal of empty pesticide packages after use in their management area and reporting to the District People's Committee.

1. The Department of Agriculture and Rural Development shall guide the collection and packaging of plant protection chemicals within its jurisdiction; provide guidance and disseminate information to organizations and individuals on the use of plant protection chemicals and the collection of their packaging after use.

2. The Department of Natural Resources and Environment shall guide the transportation and disposal of plant protection chemical packaging after use within its jurisdiction.

3. The Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Agriculture and Rural Development to advise the People's Committee at the provincial level on guiding the collection, transportation, and disposal of plant protection chemical packaging after use.

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from June 30, 2016.

Article 10. Responsibility for Implementation

The Plant Protection Agency under the Ministry of Agriculture and Rural Development and the General Environment Administration under the Ministry of Natural Resources and Environment shall be responsible for organizing guidance and monitoring the implementation of this Joint Circular. During the implementation of this Joint Circular, if there are difficulties, agencies, organizations, and individuals shall report them to the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment for study and appropriate amendments and supplements.

During the implementation of this Joint Circular, if there are difficulties, agencies, organizations, and individuals shall report them to the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment for study and appropriate amendments and supplements./.