Circular No. 13/2007/TT-BXD guiding certain provisions of Government Decree No. 59/2007/NĐ-CP dated April 9, 2007 on solid waste management

CIRCULAR

Guidelines for some provisions of Decree No. 59/2007/NĐ-CP

dated April 9, 2007 of the Government on solid waste management

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management.

This Circular guides certain contents regarding planning for solid waste management, planning for construction of solid waste treatment facilities, restoration and reuse of solid waste treatment facilities after completion of operations, establishment and management of budgets for solid waste treatment as prescribed in Articles 7, 8, 9, 10, 34, 35, and 37 of Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management as follows:

I. PLANNING FOR SOLID WASTE MANAGEMENT

1. Planning for solid waste management as provided in Clause 1, Article 7 of Decree No. 59/2007/NĐ-CP shall be understood as follows:

a) Planning for solid waste management is a specialized construction planning, including: detailed investigation, survey, and forecasting of sources and total quantities of general and hazardous solid waste emissions; determination of locations and scales of transfer stations, collection and transportation areas; determination of locations and scales of solid waste treatment facilities based on proposed appropriate treatment technologies; development of plans and resources for comprehensive collection and treatment of solid waste;

b) Planning for solid waste management includes: inter-provincial regional planning; provincial regional planning. Inter-provincial regional planning for solid waste management only considers cities, industrial zones, economic zones, tourist areas, historical-cultural sites with regional significance, which are driving forces for regional development;

c) Planning for solid waste management is established for periods of 10, 20 years or longer depending on the period of construction planning;

2. The dossier for planning solid waste management shall be implemented according to the contents prescribed in Clause 2, Article 7, including:

2.1. Explanatory section:

a) Evaluation of current status, including the following contents:

- Current status of sources and quantities of solid waste generated from cities, industrial production facilities, craft villages, business and service establishments, historical-cultural relics, tourist areas; components, characteristics, and total volume of general and hazardous solid waste;

- Current status of collection and sorting rates of solid waste; collection equipment and methods; locations and scales of transfer stations and solid waste treatment facilities; evaluation of solid waste treatment technology;

- Current status of technical infrastructure related to collection, transportation, and treatment of solid waste;

b) Calculation and forecast explanation about sources and volumes of general and hazardous solid waste based on current status, construction planning, and other relevant sectoral planning;

c) Evaluation of the ability to sort, recycle, and reuse general solid waste emitted from daily life, industrial production, and services;

d) Explanation of selection, locations, and scales of transfer stations for solid waste; locations, scales, and reception ranges of solid waste treatment facilities; methods of collecting solid waste (by mechanical equipment, other rudimentary means...). When determining the locations and scales of transfer stations and solid waste treatment facilities, it is necessary to explain their suitability with approved construction planning (if any). For solid waste treatment facilities, it is necessary to explain the potential for future scale expansion;

đ) Proposal for selecting appropriate technology to treat various types of general and hazardous solid waste to ensure thorough solid waste treatment, minimize landfilling, and meet environmental hygiene requirements;

e) Development of implementation plans and resources to ensure comprehensive statistics and thorough treatment of all types of solid waste. When determining implementation resources for the plan, it must explain the sources from local and central government budgets and other investment funds from socialization of solid waste management activities;

g) Conclusions and recommendations.

2.2. Drawing section:

a) Current status of emission sources, statistics of volumes of general and hazardous solid waste;

b) Current status of collection range; current status of locations and scales of transfer stations; current status of locations, scales, and technology of solid waste treatment facilities;

c) Emission areas (residential areas, concentrated industrial zones, commercial-service areas, tourist areas,...) accompanied by statistics of volumes of general and hazardous solid waste forecasted over the planning period;

d) Planning for locations, scales of transfer stations, solid waste treatment facilities, and proposed treatment technology; reception ranges and treatment of general and hazardous solid waste for solid waste treatment facilities.

II. PLANNING FOR CONSTRUCTION OF SOLID WASTE TREATMENT FACILITIES

Planning for construction of solid waste treatment facilities as prescribed in Articles 8 and 9 of Decree No. 59/2007/NĐ-CP is guided as follows:

1. Requirements for overall site planning for construction of solid waste treatment facilities:

a) Locations and scales of solid waste treatment facilities must be consistent with approved solid waste management planning;

b) Land area standards, construction area standards; electricity and water usage quotas are determined according to selected treatment technology and overall site planning design standards for industrial plants and solid waste treatment facility planning design standards;

c) Ensure operation of the plant at designed capacity and safety for workers during operation;

d) Implement isolation measures for areas that may cause pollution or have fire/explosion risks (landfill sites, wastewater treatment ponds, temporary storage areas for sorted hazardous waste awaiting treatment);

đ) Must arrange locations for environmental monitoring points (water, air) to track environmental changes during operation and after closure of the solid waste treatment facility;

e) Must anticipate landscape restoration and land reuse plans for the solid waste treatment facility after cessation of operations.

2. The overall layout planning for construction shall be carried out by the investor when establishing the investment project for solid waste treatment facilities. The items of works of the solid waste treatment facility include:

a) Main works (solid waste reception, sorting, treatment; storage areas for recycled and reused products...);

b) Auxiliary works to serve the management and operation of the solid waste treatment facility (management, control, laboratory, dining area, sanitary facilities...);

c) Locations for solid waste compaction or landfilling remaining after treatment (recycling, reuse, incineration, etc.) and the area for permanent isolation of hazardous solid waste;

d) Infrastructure technical works system of the solid waste treatment facility (road system, water supply and drainage, lighting and production electricity systems, wastewater treatment system, parking lots, green spaces) and the locations for connecting points with external infrastructure technical systems outside the solid waste treatment facility fence.

3. Documents for the overall layout planning for construction of solid waste treatment facilities:

a) Explanatory part;

b) Drawings section: scale 1/500. The drawings include:

- Current status of the land, boundaries of the area allocated for the solid waste treatment facility;

- Overall layout plan, positioning of the works of the solid waste treatment facility; summary of technical indicators of the planning solution;

- Overall layout plan for arranging infrastructure technical works items; elevation; connection points with external infrastructure technical works outside the land; locations of environmental monitoring points for surface water, groundwater, air (smoke, dust, exhaust gases...).

III. RESTORATION AND REUSE OF THE AREA OF SOLID WASTE TREATMENT FACILITIES AFTER TERMINATION OF OPERATIONS

1. Restoration and reuse of the area of solid waste treatment facilities after termination of operations are regulated in Article 34 of Decree No. 59/2007/NĐ-CP.

2. Closure of landfill sites and termination of operations at solid waste treatment facilities shall be implemented when: the amount of waste buried reaches the maximum capacity according to the technical design; the landfill site is unsanitary and must be closed according to the requirements of competent state authorities.

3. Solutions for restoration and reuse of the area of solid waste treatment facilities may include:

a) Demolishing and relocating factory buildings; restoring the environmental landscape of the area by planting grass and trees;

b) After implementing tasks as required under Clause 1, Article 34 of Decree No. 59/2007/NĐ-CP, the land of the solid waste treatment facility can be reused for recreational, entertainment, sports fields, parking lots, etc. No construction of residential buildings on the waste landfill site. When reusing the solid waste treatment facility for other purposes, it is necessary to establish a project and construction planning in accordance with the laws on investment and construction.

IV. ESTABLISHMENT AND MANAGEMENT OF THE BUDGET FOR PUBLIC SERVICES FOR SOLID WASTE TREATMENT

1. The budget for public service costs for solid waste treatment mentioned in Article 35 of Decree No. 59/2007/NĐ-CP shall be determined based on the principle of accurately calculating all factors of costs for collection, transportation, and treatment of solid waste according to different technologies, ensuring the ability to recover capital and development of the investor of the solid waste treatment facility; encouraging socialization of public services for solid waste treatment.

2. Construction investment costs for solid waste treatment facilities shall be implemented in accordance with Decree No. 99/2007/NĐ-CP dated June 13, 2007 of the Government on managing construction investment costs and related guiding documents; including costs such as: construction costs; equipment costs; compensation and land clearance costs, resettlement costs; project management costs during the construction investment process, construction consultancy costs; other costs and contingency costs.

3. The budget for public service costs for solid waste treatment is the necessary cost to complete the volume of service products according to the specified technical procedures; including: raw material costs for solid waste treatment; labor costs for solid waste treatment, machine and equipment depreciation costs, factory building costs; general management costs and standard profit. The budget price, unit prices for each type of solid waste treatment work, general management costs and standard profit are determined as the unit prices for each type of public service work, general management costs and standard profit prescribed in Circular No. 17/2005/TT-BXD dated November 1, 2005 of the Ministry of Construction guiding methods for establishing and managing budget prices for urban public services.

4. The Chairman of the People's Committee of the province shall approve the budget for public service costs for solid waste treatment. The approved budget serves as the basis for selecting organizations and individuals to implement public service for solid waste treatment through bidding or ordering.

For industrial solid waste and hazardous solid waste, the waste generator and the solid waste treatment facility operator shall enter into a contract based on the solid waste treatment service budget as stipulated in Article 37 of Decree No. 59/2007/NĐ-CP.

V. IMPLEMENTATION

1. Ministries, sectors, provincial People's Committees, and centrally governed cities shall organize the establishment, review, and approval of solid waste management planning in accordance with Article 10 of Decree No. 59/2007/NĐ-CP.

2. Provincial People's Committees and centrally governed cities shall be responsible for organizing the review and approval of construction planning for solid waste treatment facilities within their provinces and inter-provincial regions.

3. For existing unsanitary solid waste landfill sites listed in Decision No. 64/2003/QĐ-TTg of the Prime Minister, the provincial People's Committee shall be responsible for organizing the establishment and implementation of projects to improve the landfill sites to meet environmental standards.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. During the implementation period, if there are any difficulties, please report to the Ministry of Construction for guidance and resolution./.