The National Solid Waste Authority Act 2005
ANTIGUA
AND
BARBUDA
No. 6 of 2005. The National Solid Waste Management
Authority Act, 2005.
1
ANTIGUA AND BARBUDA
No. 6 of 2005
AN ACT to amend The National Solid Waste Management
Authority Act, No. 10 of 1995.
[ Published in the Official Gazette Vol. XXV No.35
dated 2nd June, 2005. ]
ENACTED by the Parliament of Antigua and Barbuda as
follows —
1. This Act may be cited as the National Solid Waste
Management Authority (Amendment) Act, 2005.
2. The National Solid Waste Management Authority Act 1995,
in this Act referred to as the principal Act, is amended in section
2 as follows —
(a) by inserting the following definitions in their
alphabetical order —
“authorized officer” includes a police officer and a health
inspector appointed under the Public Health Act, a litter
warden appointed under the Litter Act and any person
designated by the Minister to carry out the provisions of
this Act.
Short title.
Amendment of
section 2.
No. 10 of 1995
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
1st June, 2005.
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“biomedical waste” includes any waste containing human
or animal fluids, flesh, bones or other body parts except
hair.
“composting” means making the humus-like end product
of the decomposition of organic waste;
“derelict vehicle” means —
(a) any abandoned or discarded motor vehicle; or
(b) any motor vehicle stored or kept in a public place
which is in such a dilapidated condition that it cannot
be safely used for the purpose of transportation,
and includes any part of such motor vehicle;
“dumping” means discharging wastes into the
environment at a site or location other than one approved
and permitted by the competent authority;
“hazardous waste” means any substance or preparation
which by reason of its chemical or physicochemical or
biological properties or handling, is liable to cause harm
to human beings, other living creatures, plants,
microorganisms, property or the environment; and
includes but is not limited to the category and
characteristics contained in Annexes I or II of the Second
Schedule;
“incineration” means the destruction of solid waste by
high temperature burning in a furnace designated for such
purpose whereby solid waste is essentially reduced to ash,
carbon dioxide and water vapour;
“landfill” includes facility for the disposal of solid waste in
or on the land and designed and constructed so as to
protect human health the environment from adverse
impacts associated with the waste over time and pollution
control equipment associated with the facility;
“litter” includes any abandoned or discarded article,
rubbish, refuse, garbage or waste materials, and any other
material or product within the meaning of the Litter Act;Cap. 250
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“post-closure and remediation” mean the process and its
duration whereby a site, which has been, but is no longer
used for solid waste management purposes, is rendered
fit for other uses;
“processing facility” means a facility where waste is
processed for the purpose of —
(a) reducing the volume of the waste;
(b) reducing the degree of hazard associated with the
waste; or,
(c) creating or recovering any secondary resource;
“quarantine waste” includes any waste imported into or
landed in Antigua and Barbuda by any ship or aircraft that
comprises food, vegetable, meat or dairy or any part of
such matter;
“recycling” means the progress whereby a secondary
resource is created from waste;
“reuse” includes the use of waste in any manner that does
not present a threat to human health, safety or
environment, but does not include the use of waste in any
manufacturing process whereby a resource is created;
“scrap material” includes old or scrap copper, brass, wire,
rope or cable, batteries, metal debris, junked, dismantled,
wrecked or derelict motor vehicles, or parts thereof,
including any iron, steel, or other old or scrap ferrous or
non ferrous material and substance which contains any
such material;
“ship-generated solid waste” means all kind of victual,
domestic and operational waste generated during the
normal operation of a ship and liable to be disposed of
continuously or periodically but does not include small
quantities of food waste for the specific purpose of fish
feeding in connection with fishing or tourist operations;
“solid waste” includes ash, garbage, refuse, organic waste,
scrap metal, litter, sewage, sludge and residuals, and other
waste material of a solid nature.
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“waste” includes hazardous and quarantine waste;
“waste management facility” includes any facility for
managing waste by storing or processing, and a processing
facility for the creation or recovery of a secondary resource,
but does not include a location or facility where waste is
stored for less than five days;
“waste management policy stakeholders” mean the persons
and organizations in Antigua and Barbuda specified in the
Third Schedule;
“white goods” include disused and abandoned
refrigerators, washing machines and other domestic
appliances.
(b) by deleting the definition , “solid waste”.
3. Section 5 of the principal Act is repealed and replaced by
the following —
(1) The Authority shall have the general responsibility for
the management of solid waste including ship generated solid
waste in Antigua and Barbuda.
(2) The Authority shall pursuant to subsection (1) —
(a) own, operate or contract facilities and equipment for
the collection, treatment or processing, reutilization,
and disposal of solid waste, non-hazardous and
quarantine waste;
(b) own, operate or otherwise provide for the
management of solid waste, solid hazardous and
liquid hazardous wastes;
(c) provide collection and storage facilities at ports,
harbours and anchorages for the reception of ship-
generated solid waste;
(d) train its staff in those aspects of waste management
for which they are responsible;
(e) design, implement and maintain a programme of public
education on waste management.
Section 5 repealed
and replaced.
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(f) provide for the storage, treatment or processing,
reutilization and disposal of domestic sewage solids;
(g) supervise the transportation of ship-generated
waste to the final disposal site;
(h) develop and manage new sanitary landfill sites and
other disposal methods;
(i) introduce, charge fees, cost recovery methods for
services provided by the Authority;
(j) provide for the closure, post-closure and
remediation where necessary of waste management
facilities;
(3) The Authority shall prepare and maintain —
(a) a strategic plan that identifies —
(i) facility and equipment needs over a 20 year
period;
(ii) capital cost requirement over a 20 year period;
and
(b) an operational plan that identifies —
(i) staffing requirement over a 5 year period;
(ii) training requirement over a 5 year period;
(iii) recurrent costs requirement over a 5 year
period;
(iv) a financial and cost recovery plan sufficient
to meet the capital and recurrent cost
projections identified.
(4) The Strategic plan shall be submitted to the Cabinet for
adoption.
(5) The plan shall be updated annually and shall be submitted
to the Cabinet by the Minister.
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(6) The Authority shall provide collection and storage facilities
at ports, harbours, and anchorages for the reception of ship-
generated wastes; and supervise the transportation of ship-
generated waste to the final disposal site.
(7) The Authority shall develop and manage new sanitary
landfill sites and other disposal methods.
(8) The Authority shall introduce cost recovery methods for
services provided by the Authority”.
4. Section 14 of the Principal Act is repealed and replaced by
the following —
“14. (1) The Minister may on the recommendation of the
Authority, make regulations —
(a) for carrying into effect the provisions of this
Act;
(b) for prescribing fees for services provided
pursuant to this Act.
(2) The Minister may amend any regulations made pursuant
to subsection (1) and any such amendment shall be made in
consultation with the Authority and the waste management policy
stakeholders specified in the Third Schedule.”
5. Section 15 of the principal Act is repealed and the following
new sections are added—
15. (1) Any authorised officer may, in order
to verify compliance with any condition of a
waste haulage permit, stop and inspect any
vehicle reasonably believed to be transporting
waste.
(2) Any authorised officer may at the direc-
tion of the Executive Director or the Chief Health
Inspector inspect any aircraft or ship within
twenty-four hours of its arrival to —
(a) verify whether the aircraft or ship
has waste on board; and
Section 14
repealed and
replaced.
Section 15
repealed and
replaced and
sections 16, 17,
18, 19, 20, 21
and 22 added.
“Stop and search
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Penalties for
offences for which
no penalty is
provided.
(b) take the measures necessary to
ensure that any waste on board is
not off-loaded contrary to the re-
quirements of these Regulations
or any other law.
(3) Any person who —
(a) prevents or obstructs any autho-
rized officer while discharging his
duties under this Act or any Regu-
lations made thereunder;
(b) assualts any authorised officer
while discharging his duties un-
der this Act or any Regulations
made thereunder;
commits an offence and is liable
on conviction to a fine not ex-
ceeding fifty thousand dollars or
to imprisonment for a term not ex-
ceeding twelve months or to both
such fine and imprisonment.
16. (1) Any person who commits an offence
under this Act or any regulation made there-
under, and for which no penalty is provided is
liable on conviction —
(a) if he is an individual, to a fine not ex-
ceeding ten thousand dollars or to im-
prisonment not exceeding two years;
(b) if the person is a company to a fine not
exceeding fifty thousand dollars.
(2) On conviction of any person of a sec-
ond offence the penalty in the case of an indi-
vidual is a fine of five thousand dollars or more
but not exceeding twenty thousand dollars and
in the case of a body of persons whether cor-
porate or un-incorporated the penalty is a fine
of twenty thousand dollars or more but not
exceeding one hundred thousand dollars.
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(3) Where the offence is a continuing of-
fence, the person shall, in addition to the pen-
alty imposed under subsection (1) and (2), pay
a penalty for two hundred dollars for every day
that the offence continues.
17. An authorized officer shall, with the con-
sent in writing of the Director of Public Pros-
ecutions, institute and prosecute offences un-
der this Act.
18. (1) During a state of emergency or natu-
ral disaster in Antigua and Barbuda, the Minis-
ter may require the Authority to take any ac-
tion which the Minister considers reasonably
necessary for the safe management of solid
waste.
(2) Where there is no holder of a waste
management licence or a waste haulage per-
mit for the management or transportation of
any solid waste, the Minister may authorise
the Authority to manage or transport any
solid waste.
19. The Minister may designate any pub-
lic officer or any employee of a Government
agency as authorised officer for the purpose
of this Act or any regulations made thereun-
der.
20. (1) It shall be lawful for a duly authorised
officer to enter and inspect any waste manage-
ment facility at all reasonable times and to re-
quire the person in charge to provide him with
all relevant information in respect of the facility
and to assist him in the performance of his du-
ties under this Act or any regulations made
thereunder.
(2) Notwithstanding subsection (1) an
authorised officer shall not enter a waste man-
agement facility or other premises for purposes
of subsection (1) except —
Power to institute
Criminal proceed-
ings.
Emergency pow-
ers of Minister.
A p p o i n t m e n t s
and power of
authorised offic-
ers.
Power to enter
premises.
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(a) with the consent of the owner or
occupier of the premises; or
(b) under the authority of a warrant
issued by a magistrate.
(3) An authorised officer shall produce his
identification on demand before conducting
any inspection under this Act or any
Regulations made thereunder.
21. The Minister may, by Order amend, re-
peal or replace the Schedules.”
6. The Schedule is amended as follows —
(a) In paragraph 1(1) —
repeal item (a) and substitute the following—
“(a) a chairman and a Deputy Chairman to be ap-
pointed by the Minister;
(b) In paragraph 2, repeal subparagraph (1) and substi-
tute the following —
“(1) The chairman or deputy chairman and three
other members shall form a quorum.”
(c) Renumber the Schedule as “First Schedule” and add
following new Schedules —
SECOND SCHEDULE Section 2
ANNEX 1
Waste Streams
Y1 Clinical wastes from medical care in hospitals, medical centers and clinics.
Y2 Wastes from the production and preparation of pharmaceutical products.
Y3 Waste from pharmaceuticals, drugs and medicines.
Y4 Wastes from the production, formulation and use of biocides and phyto-
pharmaceuticals.
Amendment of
Schedule.
Amendment of
the Schedule and
addition of Second
and Third Sched-
ules.
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Y5 Wastes from the manufacture, formulation and use of wood preserving chemicals.
Y6 Waste from the production, formulation and use of organic solvents.
Y7 Waste from heat treatment and tempering operations containing cyanides.
Y8 Waste mineral oils unfit for their originally intended use.
Y9 Waste oils/water, hyclrocarbons/water mixtures, emulsions.
Y10 Waste substances and articles containing or contaminated with polychlori-
nated biphenyls (PCBs) and/or polychlorinated trirphenyls (PCTs) and/or
polybrominated biphenyls (PBBs).
Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treat-
ment.
Y12 Wastes from production, formulation and use of inks, dyes, pigments, paint,
lacquers, varnish.
Y13 Wastes from production, formulation and use of resins, latex, plasticizers,
glues/adhesives
Y14 Waste chemical substances arising from research and development or teach-
ing activities which are not identified and/or are new and whose effects on
man/or the environment are not known.
Y15 Wastes of an explosive nature not subject to other legislation.
Y16 Wastes from production, formulation and use of photographic chemicals and
processing materials.
Y17 Waste resulting from surface treatment of metals and plastics.
Y18 Residues arising from industrial waste disposal operations Waste having as
constitutents
Y19 Metal carbonyls
Y20 Beryllium; beryllium compounds
Y21 Hexavalent chromium compounds
Y22 Copper compounds
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Y23 Zinc compounds
Y24 Arsenic; arsenic compounds
Y25 Selenium; selenium compounds
Y26 Cadmium; cadmium compounds
Y27 Antimony; antimony compounds
Y28 Tellurium; tellurium compounds
Y29 Mercury; mercury compounds
Y30 Thallium; thallium compounds
Y31 Lead; lead compounds
Y32 Inorganic fluorine compounds excluding calcium fluoride
Y33 Inorganic cyanides
Y34 Acidic solutions or acids in solid form
Y35 Basic solutions or bases in solid form
Y36 Asbestos (dust and fibres)
Y37 Organic phosphorous compounds
Y38 Organic cyanides
Y39 Phenols; phenol compounds including chlorophenols
Y40 Ethers
Y41 Halogenated organic solvents
Y42 Organize solvents excluding halogenated solvents
Y43 Any congener of polychlorinated dibenzo-furan
Y44 Any congener of polychlorinated dibenzo-p-dioxin
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Y45 Organohalogen compounds other than substances referred to in this Annex
(e.g Y39, Y41, Y42, Y43, Y44)
Y46 Wastes collected from households
Y47 Residues arising from the incineration of household wastes
Other
ANNEX II
LIST OF HAZARDOUS CHARACTERISTICS
UNCLASS CODE CHARACTERISTICS
1 HI Explosive
An explosive substance or waste is a solid or liquid substance or waste (or
mixture of substances or wastes) which is in itself capable by chemical reac-
tion of producing gas at such a temperature and pressure and at such speed
as to cause damage to the solution.
3 H3 Flammable liquids
The word “fammable” has the same meaning as “inflammable”. Flammable
liquids are liquids, or mixtures of liquids, or liquids containing solids in solu-
tion or suspension (for example, paints, varnishes, lacquers, etc., but not
including substances or wastes otherwise classified on account of their dan-
gerous characteristic) which give off a flammable vapor at temperatures of
not more than 60.5 degrees C. closed-cup test, or not more than 65.6 degree C.
open-cup test. (Since the results of open-cup tests and of closed-cup tests
are not strictly comparable and even individual results by the same test are
often variable regulations varying from the above figures to make allowance
for such differences would be within the spirit of this definition.
4.1 H4.1 Flammable solids
Solids or waste solids, other than those classed as explosives, which under
conditions encountered in transport are readily combustible, or may cause or
contribute to fire though fiction.
4.2 H4.2 Substances or wastes liable to spontaneous combustion
Substances or wastes which are liable to spontaneous heating under normal
conditions encountered in transport, or to heating up on contact with air, and
being then liable to catch fire.
4.3 H4.3 Substances or wastes which, in contact with water, emit flammable gases
Substances or wastes which by interaction with water, are liable to become
spontaneously flammable or give off flammable gases in dangerous quantities.
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5.1. H5.1 Oxidising
Substances or wastes which, while in themselves not necessarily combus-
tible, may, generally by yielding oxygen cause, or contribute to , ie combus-
tion of other materials.
5.2 H5.2 Organic Peroxides
Organic substances or wastes which contain the bivalen O-O structure are
thermally unstable substances which may undergo exothermic self-accelerat-
ing decomposition pontaneous heating under normal conditions encoun-
tered in transport , or to heating up on contact with air, and being then liable
to catch fire.
6.1 H6.1 Poisonous (Acute)
Substances or wastes liable either to cause death or serious injury or to harm
human health if swallowed or inhaled or by skin contact which by interaction
with water, are liable to become spontaneously flammable or give off flam-
mable gases in dangerous quantities.
6.2 Infectious substances
Substances or wastes containing viable micro organisms or their toxins which
are known or suspected to cause disease in animals or humans.
7 Radioactive materials
Substances or material which spontaneously emit a significant radiation and
of which the specific activity is greater than 70kBq/kg (2nCi/g).
8 H8 Corrosives
Substances or wastes which, by chemical action, will cause severe damage
when in contact with living tissue, or in the case of leakage, will materially
damage, or even destroy, other goods or the means of transport; they may
also cause other hazards.
10 H10 Liberation of toxic gases in contact with air or water
Substances or wastes which, by interaction with air or water, are liable to give
off toxic gases in dangerous quantities.
11 H11 Toxic (Delayed or chronic)
Substances or wastes which, if they are inhaled or ingested or if they pen-
etrate the skin, may involve delayed or chronic effects, including carcinoge-
nicity.
12 H12 Ecotoxic
Substances or wastes which, if released, present or may present immediate or
delayed adverse impacts to the environment by means of bio-accumulation
and/or toxic effects upon biotic systems.
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Capable by any means, after disposal, of yielding another material e.g. leachate,
which possesses any of the characteristics listed above.
THIRD SCHEDULE Sections 2 and 14
WASTE MANAGEMENT POLICY STAKEHOLDERS
Ministries responsible for
— Agriculture and Fisheries
— Environment
— Legal Affairs
— Planning
— Trade
— Education
— Health
The Environmental Awareness Group
St. John’s Development Corporation
Department of Marine Affairs
Antigua Port Authority
Central Board of Health
Coast Guard
Development Control Authority
National Parks Authority
Royal Antigua Police
Passed the House of Representatives
this 5th day of May, 2005.
D. Giselle Isaac-Arindell,
Speaker.
Yvonne Henry,
Acting Clerk to the House of
Representatives.
Passed the Senate this 17th day of
May, 2005.
MacKenzie Frank,
Vice President.
Yvonne Henry,
Acting Clerk to the Senate.
____________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Acting Government Printer
—By Authority, 2005.
800—6.05 [ Price $5.40 ]
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ANTIGUA AND BARBUDA
THE NATIONAL SOLID WASTE MANAGEMENT AUTHORITY
(AMENDMENT) ACT 2005
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Amendment of section 2.
3. Section 5 repealed and replaced.
4. Section 14 repealed and replaced.
5. Section 15 repealed and replaced and sections 16, 17, 18, 19, 20, and 21
added.
6. Amendment of Schedule and the addition of Second and
Third Schedules.
