The management program of special industrial waste is governed by regulations on waste management, especially:
Law no. 96-41 of 10 June 1996 on waste, its management and disposal control, as amended by Law no. 2001-14 of 30 January 2001 (Articles 19, 26,31 and 47);
Decree no. 2000-2339 of 10 October 2000, establishing the list of hazardous wastes;
Decision of the Ministry of Environment and Sustainable Development of 23 March 2006 on the creation of a treatment plant of hazardous waste and reception and transfer centers. |
For hazardous waste, in its Art. 31A, Law 96-41 provides that any establishment or company carrying out one or more activities of collection, sorting, transportation, storage, treatment, conversion and disposal of hazardous waste is subject to prior approval by the ministry in charge of environment. The article also includes the conditions for granting such approval. |
The control of hazardous waste is more stringent than for other waste.
The liability of hazardous waste producers includes especially their accurate reporting of the quantity and composition of hazardous waste and of their careful selection of carriers and operators of such waste.
The liability of hazardous waste carriers mainly consists in their careful selection of the means of transport, their proper training of drivers and the reliability of the company in general with regards to its compliance with environmental protection standards.
The liability of operators of hazardous waste treatment facilities consists mainly in proper disposal according to the terms stipulated in the license and legal framework. |
Producer responsibility can be transferred to the new holder provided the producer has ensured that waste is transferred to authorized service providers approved by Tunisian regulations. The basic obligations of HW management derive from the Basel Convention. |
The Basel Convention of 22 March 1989 on the control of trans-boundary movement of hazardous wastes and their disposal, ratified by Tunisia, is a universal instrument specifically devoted to hazardous waste. Beyond provisions on trans-boundary movements, it also includes in its article 4 a few general provisions regulating hazardous waste management. It notably obliges State parties to :
• ensure that national production of hazardous waste and other wastes is reduced to a minimum level taking into account social, technical and economic considerations (article 4, paragraph 2 a);
• ensure the establishment of adequate disposal facilities located, as far as possible, on the national territory in view of an environmentally sound management of such wastes (article 4, paragraph 2b);
• ensure that within the country, individuals in charge of the management of hazardous and other wastes take the necessary measures to, first, prevent pollution arising from such management, then minimize its implications on human health and the environment (article 4 paragraph 2c);
• prohibit any non authorized or specifically accredited person for such operations to deal with transportation or disposal of hazardous waste (article 4, paragraph 7a).
• abide by the decision of any party to prohibit the import of hazardous wastes or other wastes for disposal, as prescribed in the first paragraph of article 4 of the Convention. |
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