Circular No. 14/2009/TT-BNN guiding environmental management in seafood processing

 

CIRCULAR

Guidelines for Environmental Management in Aquatic Product Processing

______________________

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Environmental Protection dated November 29, 2005;

Pursuant to Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain provisions of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Circular No. 05/2008/TT-BTNMT dated December 8, 2008 of the Ministry of Natural Resources and Environment guiding strategic environmental assessment, environmental impact assessment, and environmental commitment;

The Ministry of Agriculture and Rural Development hereby guides environmental management in aquatic product processing as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of application

These regulations stipulate certain contents regarding environmental management at aquatic product processing facilities; responsibilities of organizations and individuals engaged in aquatic product processing and state agencies responsible for environmental management related to aquatic product processing facilities.

Article 2. Applicability

These regulations apply to organizations and individuals operating in the field of aquatic product processing, whether their processing plants are located outside or within centralized aquatic product processing zones, and state agencies responsible for environmental management in aquatic product processing. If the processing plant is located within industrial zones, in addition to complying with the provisions of these regulations, the facility owner must also comply with environmental regulations of the industrial zone management boards.

Article 3. Definitions

In these regulations, the following terms shall be understood as follows:

1. Aquatic product processing facility means a facility where organizations and individuals carry out activities in the fields of preliminary processing of aquatic raw materials; processing aquatic products in forms such as frozen, canned, dried, salted, smoked; fish sauce, shrimp paste, and other types of seafood pastes; agar and products from other types of seaweed; processing fish meal and other animal-based aquatic products.

2. Centralized aquatic product processing zone means areas planned and constructed specifically for aquatic product processing facilities to operate.

3. Owner of wastewater treatment system means an organization or individual owning the wastewater treatment system. The owner may be the facility owner, the industrial zone management board, the centralized aquatic product processing zone management board, or a service provider managing the wastewater treatment system for the processing facility.

Chapter 2.

ENVIRONMENTAL MANAGEMENT OF AQUATIC PRODUCT PROCESSING FACILITIES

Article 4. Requirements for planning and technology

1. Organizations and individuals who are owners of aquatic product processing facilities (hereinafter referred to as facility owners) when constructing new or expanding their processing facilities must:

a) Select construction sites that are consistent with the approved plans for the development of the aquaculture industry by the Government or People's Committees of provinces and centrally-administered cities;

b) Implement design and layout of factory premises and equipment, including the wastewater treatment system, to ensure that the facility's operations meet the prescribed environmental standards;

c) Choose advanced and clean technologies to reduce the level of environmental pollution caused by the facility and its surrounding area.

2. Owners of operating facilities causing environmental pollution must implement one or more necessary measures, which may include: relocating to a new site according to the plan, upgrading the factory, improving technology, applying cleaner production technology, treating wastewater... to ensure compliance with mandatory environmental standards and national technical regulations on the environment related to aquatic product processing facilities.

Article 5. Preparation, review, and approval of environmental impact assessment reports; implementation, inspection, and confirmation of the implementation of contents in the environmental impact assessment report.

1. Facility owners implementing investment projects for new construction or expansion of facilities with a capacity of 1,000 tons of products per year or more must prepare an environmental impact assessment report for the project.

2. The preparation, review, and approval of the environmental impact assessment report; implementation, inspection, and confirmation of the implementation of contents in the environmental impact assessment report shall be carried out in accordance with the procedures specified in Section III of Circular No. 05/2008/TT-BTNMT dated December 8, 2008 of the Ministry of Natural Resources and Environment guiding strategic environmental assessment, environmental impact assessment, and environmental commitment (hereinafter referred to as Circular No. 05/2008/TT-BTNMT).

Article 6. Preparation, registration, and confirmation of environmental protection commitments.

1. Facility owners implementing investment projects for new construction or expansion of facilities with a capacity of less than 1,000 tons of products per year must prepare an environmental protection commitment.

2. The preparation, registration, and confirmation of the environmental protection commitment shall be carried out in accordance with the procedures specified in Section IV of Circular No. 05/2008/TT-BTNMT.

Article 7. Solid waste management

1. Facility owners must collect and sort solid waste at the source into groups: reusable by-products, production solid waste, domestic solid waste, and solid waste that must be contained in sealed containers to ensure hygiene, regularly transferred to subsequent processing facilities; or disposed of, buried at locations designated by provincial or centrally-administered city People's Committees.

2. Solid waste must be transported in groups sorted at the source, using appropriate equipment, without spillage or odor dispersion during transportation.

Article 8. Wastewater management

1. Collection and treatment of wastewater

Facility owners must have measures to collect wastewater and treat it at the facility's wastewater treatment system or in industrial zones, centralized aquatic product processing zones, ensuring that the wastewater discharged into the environment meets the minimum standards set by mandatory environmental standards and national technical regulations on wastewater from aquatic product processing. The facility's wastewater collection and treatment system must ensure that it does not pollute soil, groundwater, ponds, lakes, and rivers around the facility.

2. The wastewater treatment system must meet the following requirements:

a) Use appropriate technological processes suitable for the type of wastewater being treated;

b) Have sufficient capacity to treat all wastewater generated by the facility;

c) Treated wastewater must meet permissible environmental standards.

d) The outlet for wastewater discharge into the drainage system must be located at a position that is easy to inspect and monitor in accordance with regulations on wastewater discharge;

đ) Operate immediately when the facility begins operation.

3. Waste sludge from the wastewater treatment system shall be managed in accordance with regulations on solid waste management.

4. The manager of the wastewater treatment system must conduct regular monitoring of wastewater before and after treatment. Monitoring data shall be retained as a basis for inspecting and supervising the operation of the wastewater treatment system.

5. A permit for discharging pollutants into the environment must be obtained.

Article 9. Management and control of dust, emissions, noise, vibration, and light

1. Management and control of dust and emissions

a) Organizations and individuals engaged in seafood processing that emit dust and emissions must be responsible for controlling and treating dust and emissions to meet the prescribed standards according to the National Technical Regulations on Dust and Emissions;

b) Construction projects or transportation vehicles, machines, and equipment using fuels or raw materials that emit dust and emissions must have shielding devices or emission reduction systems for harmful substances or use other measures to ensure compliance with mandatory environmental standards and national technical regulations on dust and emissions.

2. Management of greenhouse gas emissions and ozone-depleting emissions

Organizations and individuals engaged in seafood processing that use cold agents belonging to the Chlorofluorocarbon (CFCs) group must have plans to replace and eventually eliminate their use according to the schedule set out in Appendix 1 of this Regulation; they may not import refrigeration equipment that uses CFC-based cold agents.

3. Limitation of noise, vibration, and light

Organizations and individuals engaged in seafood processing that cause noise, vibration, and light levels exceeding the prescribed limits under mandatory standards and national technical regulations on noise, vibration, and light must take responsibility for controlling and treating them to meet requirements as stipulated.

Article 10. Environmental monitoring, statistics, and data storage

1. The owner of the facility or the manager of centralized seafood processing zones shall be responsible for conducting environmental monitoring and assessing environmental impacts caused by the facility's or centralized zone's operations. Environmental monitoring at the facility or centralized zone includes:

a) Regularly collecting samples for analysis and forecasting changes in the quality of wastewater before and after treatment, and air in predetermined production areas;

b) Tracking the quantity, status, and changes in solid waste sources, wastewater, and emissions from the facility or centralized zone;

2. The owner of the facility or the manager of centralized seafood processing zones shall be responsible for compiling and storing data on solid waste, wastewater, and emissions from the facility or centralized zone;

Article 11. Publicizing and providing environmental information

1. Annually or upon request, the owner of facilities specified in Article 6 of this Regulation shall be responsible for reporting environmental information within their scope of responsibility to provincial or centrally-administered city specialized agencies for environmental protection;

2. The owner of facilities specified in Article 7 of this Regulation shall be responsible for providing environmental information related to their activities to district-level specialized agencies for environmental protection or village environmental protection officers where the facility operates, and posting public notices about environmental information related to the project at the construction site so that the community can be informed prior to construction commencement.

Article 12. Implementing grassroots democracy in environmental protection

1. Managers of centralized seafood processing zones, owners of facilities; specialized agencies, and environmental protection officers shall be responsible for publicly informing residents and workers at the facility about environmental conditions, preventive measures, restrictions on negative impacts on the environment, and remediation measures for pollution and degradation through one of the following methods:

a) Informing residents living in surrounding communities at a village meeting when requested by the People's Committee of the commune or ward and organizing a meeting for the manager of the centralized seafood processing zone or the owner of the facility to present; organizing meetings to inform workers at the facility;

b) Notifying and disseminating information in writing to workers.

2. In the following cases, the owner of the facility must organize environmental dialogues:

a) At the request of the party seeking dialogue, which is the representative of the workers' collective or the local government representative at the commune or ward level;

b) At the request of environmental protection administrative agencies at various levels.

3. Responsibilities for explaining and engaging in environmental dialogues are defined as follows:

a) The party requesting dialogue must send the party being requested a document outlining the issues requiring explanation or dialogue;

b) Within no more than five working days from the date of receipt of the request, the recipient must prepare the contents for response, explanation, and dialogue;

c) If an environmental protection administrative agency requests the organization of a dialogue, the relevant parties must comply with the provisions of the requesting agency.

4. Environmental dialogues must be conducted based on legal provisions and under the chairmanship of the People's Committee or specialized agencies for environmental protection at various levels.

5. Dialogue outcomes must be recorded in minutes noting opinions, agreements, serving as a basis for relevant responsible parties to implement, or for considering legal violations and compensation for environmental damage.

Article 13. Environmental protection for centralized seafood processing zones

1. Planning, constructing new, renovating, or expanding centralized seafood processing zones must be linked to environmental protection content.

2. The management board of centralized seafood processing zones shall be responsible for addressing environmental pollution in the zones through the following measures:

a) Renovating, upgrading, or building new centralized wastewater collection and treatment systems;

b) Establishing solid waste collection areas, arranging containers and equipment to meet the requirements for waste collection and sorting at the source to facilitate centralized treatment.

3. Facilities within centralized seafood processing zones must comply with the following environmental protection requirements:

a) Must collect wastewater into the centralized wastewater treatment system of the seafood processing area; in cases where there is no centralized wastewater treatment system, the facility must construct a wastewater treatment system that meets environmental standards before discharging it outside the facility;

b) Solid waste must be sorted at the source and transferred to the solid waste collection area in accordance with regulations on waste management;

Contribute financial resources for the construction of infrastructure for environmental protection in the centralized seafood processing area in accordance with the provisions of the law.

Chapter 3.

RESPONSIBILITIES OF THE OWNER OF SEAFOOD PROCESSING FACILITIES AND STATE MANAGEMENT ORGANIZATIONS

Article 14. Responsibilities of the owner

1. Comply with the provisions of the law on environmental protection.

2. Implement environmental protection measures set forth in the environmental impact assessment report that has been approved or the environmental protection commitment that has been registered, and comply with environmental standards and technical regulations.

3. Prevent and limit negative impacts on the environment from their activities.

4. Remediate environmental pollution caused by their activities.

5. Promote education and raise awareness about environmental protection among the workers of the facility.

6. Fulfill the reporting regime on the environment in accordance with the provisions of the law on environmental protection.

7. Be subject to inspection and audit by state agencies with authority, and comply with the inspection and audit regime for environmental protection.

8. Pay environmental protection fees and fulfill other financial obligations related to the environment.

Article 15. Responsibilities of relevant units under the Ministry

1. The Department of Science, Technology and Environment shall be responsible:

a) To take the lead in coordinating with relevant agencies under the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, other ministries and equivalent agencies, and provincial People's Committees to direct, guide, and inspect the implementation of laws on environmental protection and other legal provisions related to the environment in the field of seafood processing in accordance with the law;

b) To take the lead in reviewing environmental impact assessment reports of seafood processing facilities within its jurisdiction;

c) To periodically every five years or at any time when required, prepare a report on the current status of the environment in the field of seafood processing.

2. The General Department of Processing, Trade in Forestry, Aquaculture and Salt Industry shall be responsible for unified management of the import and export of machinery, equipment, materials, and goods serving the field of seafood processing and environmental treatment during seafood processing in accordance with the law.

Article 16. Responsibilities of the Department of Agriculture and Rural Development.

The Department of Agriculture and Rural Development shall be responsible for taking the lead in coordinating with the Department of Natural Resources and Environment to advise the provincial People's Committee, municipal People's Committee directly under the central government:

1. Directing, guiding, and inspecting the implementation of regulatory legal documents on environmental protection in seafood processing at the local level.

2. Dispatching staff knowledgeable about the environment in seafood processing to participate in the review of environmental impact assessment reports of seafood processing facilities within the provincial People's Committee's review jurisdiction; participating in environmental inspection and audit teams at seafood processing facilities in accordance with the law.

3. Advising the provincial People's Committee, municipal People's Committee directly under the central government to organize:

a) Statistics and evaluation of the degree of pollution in centralized seafood processing areas within the territory and timely measures to address pollution in centralized seafood processing areas;

b) Planning centralized seafood processing areas to relocate seafood processing facilities causing environmental pollution out of residential areas;

c) Announcing measures to apply for environmental protection in the planning area. Promoting and disseminating information for facility owners to know and apply less polluting seafood processing technologies.

Chapter 4.

IMPLEMENTING PROVISIONS

Article 17. Responsibility for Implementation

Agencies and units under the Ministry, Directors of Departments of Agriculture and Rural Development of provinces, municipalities directly under the central government shall implement this Circular.

Article 18. Effectiveness

This Circular shall take effect 45 days from the date of issuance and replace Decision No. 19/2002/QĐ-BTS dated September 18, 2002 of the Ministry of Fisheries promulgating the "Regulations on Environmental Management in Seafood Processing Industry." During the implementation process, if any issues arise, they should be promptly reported to the Ministry of Agriculture and Rural Development through the Department of Science, Technology and Environment for timely revision and supplementation.

During the implementation process, if any issues arise, they should be promptly reported to the Ministry of Agriculture and Rural Development through the Department of Science, Technology and Environment for timely revision and supplementation./.