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Uganda Regulation

Parliament of Uganda

National Environment (Waste Management) Regulations, 2020

These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020. This section provides definitions of terms used in the Regulations (for example: "Act", "Authority", "waste",…

Jurisdiction
Uganda
Structure
68 provisions
Citation
Statutory Instrument 49 of 2020
Dates
Undated source snapshot
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Dates
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Source attribution: Source: Uganda Legal Information Institute

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01

Purpose and legislative effect

“These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020.”

These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020. This section provides definitions of terms used in the Regulations (for example: "Act", "Authority", "waste", "transboundary movement of waste", "waste handler"). The regulations apply to: all waste classified under Schedules 2–4; the generation, collection, transportation, storage, treatment and disposal of waste; transboundary movement of waste; and all waste management facilities; but subregulation (1) does not apply to petroleum waste regulated under the Petroleum (Waste Management) Regulations, 2019. People who generate hazardous waste or who handle waste must put in place systems to manage and segregate hazardous waste, prevent mixing or dilution that distorts classification, and continuously improve practices as technology advances. Persons who generate hazardous waste and waste handlers must establish and operate an environmental management system, ensure waste personnel are trained and compliant, and document and make plans available to the Authority and lead agencies on request.

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Preliminary - Title

These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020.

Section 1

Landfills - General provisions for landfills

Waste handlers operating dumpsites before these Regulations came into force must apply to the Authority within three months for guidance to transition to an engineered landfill.

Section 68

Offences, penalties and general provisions - Revocation of S.I 153-2

The National Environment (Waste Management) Regulations S.I. No. 153-2 are revoked, and approvals or licences under them that were in force immediately before commencement continue to have effect from commencement as if granted under these Regulations, with…

Section 108

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Showing 68 of 68 provisions

Provision 60Offence 4Commencement 3Interpretation

Part I

Preliminary

§ 1Preliminary - TitleProvision

These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020.

Section Title Section These Regulations may be cited as the National Environment (Waste Management) Regulations, 2020.
Section 1
§ 2Preliminary - InterpretationInterpretation

This section provides definitions of terms used in the Regulations (for example: "Act", "Authority", "waste", "transboundary movement of waste", "waste handler").

Section Interpretation Section In these Regulations, unless the context otherwise requires— “ Act ” means the National Environment Act, 2019; “ after-care ” means measures that are necessary to be taken in relation to a waste management facility for the purposes of preventing harm to human health or the environment, following cessation of operations and decommissioning of a facility; “ Authority ” means the National Environment Management Authority established under the Act ; “ authorised officer ” means an officer of the Authority or any other person authorised to act on behalf of the Authority under the Act ; “ Board ” means the Board of the Authority appointed under the Act ; “ co-generation plant ” means any stationary or mobile plant in which waste is treated by thermal means for the purpose of disposal and for generation of energy; “ currency point ” has the value assigned to it in Schedule 1 of these Regulations; “ disposal ” means any operation related to waste management which is not a recovery operation even where the operation has as a secondary consequence the extraction of substances or energy; “ domestic waste ” means waste generated from households; “ electrical or electronic equipment ” means equipment which is dependent on electric currents or electromagnetic fields in order to function properly, as well as equipment for the generation, transfer, distribution and measurement of the currents and fields, including the components necessary for the cooling, heating and protection of the electrical or electronic equipment; “ electrical or electronic waste ” means waste from electrical or electronic equipment or any part of the equipment, including equipment that is old, obsolete, has reached end-of-life or has ceased to be of any value to its owner; “ environmental and social assessment ” means a procedure that ensures that the environmental and social impacts, risks or other concerns of a given project are taken into account in approving a project for implementation; “ environmental standards ” means standards produced or adopted by the Authority in consultation with the Uganda National Bureau of Standards for use in Uganda; “ extended producer responsibility ” means the responsibility of a producer for the entire life cycle of the product, including responsibility for take back, recycling and final disposal of the product; “ hazardous waste ” means waste classified, characterised and categorised as hazardous waste in accordance with Schedule 2, Schedule 3 and Schedule 4 to these Regulations; “ healthcare waste ” means hazardous or non- hazardous waste from medical or veterinary treatment and associated tutoring, research and laboratory facilities, and similar waste originating from other sources; “ incineration ” means thermal treatment of waste with or without recovery of the combustion heat generated, including through oxidisation of carbon or material containing carbon into carbon dioxide and water, as well as other thermal treatment processes including pyrolysis, gasification or plasma processes when the substances resulting from this treatment are subsequently oxidised; “ incineration residue ” means any material generated through the operation of an incineration plant or co-generation plant , and defined as waste , including bottom ash and slag, fly and boiler ash, solid reaction products from gas treatment, spent catalysts and spent activated carbon; “ industrial waste ” means waste produced by industrial activity and includes any material that is rendered useless during a manufacturing process; “ landfill ” means an engineered site for disposal of waste onto or into land, lined with impervious plastic sheeting to prevent leakage or leaching of dangerous substances into soil or water; “ lead agency ” means any ministry, department, agency, local government or public officer in which or in whom the functions of control or management of any segment of the environment is vested; “ local government ” means a local government established under the Local Governments Act ; “ municipal waste ” means waste , excluding industrial waste , collected within a local government ; “ plastic carrier bags ” means sacks and carrier bags made of polythene or other synthetic polymers for the conveyance and packaging of goods; “ product steward ” means a person or agent of such person responsible for the importation, manufacture, distribution or sale of a product that becomes waste or results in waste ; “ recovery ” means any operation the principal result of which is— (a) waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function; or (b) waste being prepared to fulfil that function, in the plant or in the wider economy; “ recycling ” means any recovery operation by which waste materials are re-processed into products, materials or substances whether for the original or other purposes, and includes the reprocessing of organic material; “ re-use ” means any operation by which products or components that are not waste are used again for the same purpose for which they were intended; “ transboundary movement of waste ” means any movement of hazardous waste or other waste from another country to or through Uganda or from Uganda to another country; “ vessel ” means motor vehicle, ship, aircraft or other mode of transport; “ waste ” means any substance or object which is dumped, abandoned, discarded or disposed of or intended or required by law to be disposed of; “ waste handler ” means a person licensed by the Authority under these Regulations to collect, transport, store, treat or dispose of waste ; “ waste management ” means activities relating to the collection, transportation, storage, treatment and disposal of waste , including the management of waste at source and during decommissioning of waste management facilities; “ waste management facility ” means a plant, site, structure and associated facilities or infrastructure used in the management of waste .
Section 2
§ 3Preliminary - Application of RegulationsProvision

The regulations apply to: all waste classified under Schedules 2–4; the generation, collection, transportation, storage, treatment and disposal of waste; transboundary movement of waste; and all waste management facilities; but subregulation (1) does not apply to petroleum waste regulated under the Petroleum (Waste Management) Regulations, 2019.

Section Application of Regulations Section These Regulations apply— to all waste classified, characterised and categorised under Schedule 2, Schedule 3 and Schedule 4 to these Regulations; to the generation, collection, transportation, storage, treatment and disposal of waste ; to transboundary movement of waste ; and to all waste management facilities. For the avoidance of doubt, subregulation (1) shall not apply to petroleum waste regulated under the Petroleum (Waste Management) Regulations, 2019.
Section 3

Part II

General provisions relating to waste management

§ 10General provisions relating to waste management - Use of good waste management practicesProvision

People who generate hazardous waste or who handle waste must put in place systems to manage and segregate hazardous waste, prevent mixing or dilution that distorts classification, and continuously improve practices as technology advances.

Section Use of good waste management practices Section A person who generates hazardous waste or a waste handler shall— put in place measures and management systems for handling hazardous waste , including ensuring that hazardous waste is segregated and managed at source and at the waste management facility by way of waste stream identification and clarification, to facilitate its appropriate handling and traceability; ensure that the classification of waste , further handling and treatment of the waste is not distorted by mixing or dilution of the waste ; put in place measures for segregation of the waste to ensure that the hazardous waste is identified, separated and managed differently from the non- hazardous waste ; and ensure continuous improvement in the waste management practices as technology advances.
Section 10
§ 11General provisions relating to waste management - Environment management systemProvision

Persons who generate hazardous waste and waste handlers must establish and operate an environmental management system, ensure waste personnel are trained and compliant, and document and make plans available to the Authority and lead agencies on request.

Section Environment management system Section The environmental management system referred to under subregulation (1) shall include— The waste management plan referred to under subregulation (2)(e) shall— A person who generates hazardous waste and a waste handler shall establish, maintain and implement an environment management system to ensure compliance with the requirements of the Act , the National Environmental (Audit) Regulations, 2020, these Regulations, conditions in the licence and any other applicable law. measures for compliance with the waste management hierarchy specified in regulation 7 ; operating procedures for waste handling and the equipment available for waste management ; health, safety, social and environmental safeguards; an environmental management and monitoring plan where applicable, developed in accordance with the National Environment (Environmental and Social Assessment) Regulations, 2020; waste management plan which shall consider the choice of waste management options and their impacts on human health or the environment, including the ecological sensitive areas; mechanisms for traceability of waste and waste streams from the point of waste generation to final disposal of waste ; a programme to be implemented at the waste management facility for accepting waste , including routine and random inspections of incoming loads, visual inspection of all waste as it is delivered, inspection of suspicious loads and records of inspections; a toxic release inventory of the chemicals used in the waste management processes; training of personnel; procedures for notification of relevant authorities; and an effective information, education and communication strategy. describe the geographical area of the waste management activity and specific activities addressed; identify the waste streams and categories of waste produced or handled; evaluate the waste management options; explore waste minimisation strategies, taking into consideration the waste management hierarchy in accordance with these Regulations; include a waste management programme and strategies for the minimisation of waste and the proper management of waste in accordance with the waste management hierarchy, including an evaluation tool for the programme; select environmentally and socially suitable waste management practices in accordance with a licence issued under these Regulations. highlight historical contaminated waste disposal sites, if any and measures for their rehabilitation; include organisational aspects related to waste management , including a description of the allocation of responsibilities between public and private actors; include an evaluation of the usefulness and suitability of economic and other instruments in tackling various waste problems; and include a programme for environmental literacy for waste handlers and the general public, including strategies to promote public participation in waste management . A person who generates hazardous waste and a waste handler shall ensure that the personnel managing the waste are qualified, trained and comply with the waste management system and waste management plan referred to in subregulations (2) and (3) . The person who generates hazardous waste and a waste handler shall ensure that the waste management system and waste management plans developed under this regulation are documented, implemented, regularly updated and made available to the Authority and other relevant lead agencies upon request.
Section 11
§ 4General provisions relating to waste management - Compliance with environmental principlesProvision

Persons who generate waste, waste handlers, or product stewards must manage waste in line with environmental principles and take measures to ensure resource efficiency, protect human health and the environment, use best available technologies and promote cyclical use of resources.

Section Compliance with environmental principles Section A person who generates waste , a waste handler or a product steward shall, in compliance with the environmental principles set out in section 5 of the Act — ensure resource efficiency— apply measures in the management of waste to prevent harm to human health and ensure safety of human beings; apply measures in the management of waste to prevent pollution, harm to biological diversity and contamination of the wider environment by waste ; use best available technologies and best environmental practices to manage waste ; and by the application of the waste management hierarchy and the control or minimisation of the generation of waste to the greatest extent possible; by promoting proper cyclical use of resources; and by ensuring proper disposal of circulative resources not put into cyclical use.
Section 4
§ 5General provisions relating to waste management - Responsibility for waste managementProvision

Generators of waste, waste handlers and product stewards must take measures to ensure waste is managed safely and in accordance with applicable laws; waste handlers must ensure employees handling waste are protected, trained and medically checked; the Authority, lead agency and other actors must create awareness and promote better waste-management practices.

Section Responsibility for waste management Section A person who generates waste , a waste handler or product steward has a duty of care and shall take measures to ensure that— A waste handler shall, in accordance with the Occupational Safety and Health Act , 2006, ensure that employees involved in the collection, transportation, storage, treatment or disposal of waste are— waste is managed appropriately and securely in accordance with the Act , these Regulations, any other applicable law, environmental standards and conditions of the licence; waste is managed in a manner that does not cause harm to human health or the environment; any leakage or spillage of waste is quickly detected and managed; and spillages which may cause pollution are managed in accordance with regulation 95 . aware of the risks or hazards associated with handling of the waste ; protected from exposure to health hazards; provided with appropriate personal protective equipment, first aid facilities and proper training; and accorded periodic and annual medical check-up as may be commensurate to the health risks they face. The Authority , lead agency , a person who generates waste , a waste handler and a product steward shall create awareness and promote positive change in attitudes and practices regarding the management of waste .
Section 5
§ 6General provisions relating to waste management - LitteringProvision

Prohibits people from emptying, leaving, storing or transporting waste in an unsightly or harmful way; requires facility operators and transporters to take measures to avoid littering; makes litterers responsible for clean-up; gives the Authority/lead agency power to direct clean-up and, if a litterer fails, to undertake clean-up at that person's expense.

Section Littering Section A person shall not, in accordance with section 97 of the Act , empty, leave, store or transport waste in a manner that is unsightly or may cause damage or nuisance to the environment. For the avoidance of doubt, subregulation (1) applies to wrecked vehicles, aircrafts and other vessels or similar large detached objects. A person responsible for a waste management facility or a person transporting waste to a storage, treatment or disposal facility shall take appropriate measures to avoid littering. A person who litters shall be responsible for the necessary clean-up. The Authority or lead agency may direct the person who litters to clean-up to the satisfaction of the Authority or the lead agency . Notwithstanding subregulation (5) , any other person may require the person who litters to clean-up and dispose of the waste in a responsible manner. Where the person in subregulation (4) fails, neglects or refuses to clean-up as required, the Authority or lead agency may undertake the clean-up at the expense of that person and shall require payment of costs and expenses incurred by it in the clean-up exercise.
Section 6
§ 7General provisions relating to waste management - Waste management hierarchyProvision

Persons who generate waste, waste handlers, and product stewards must manage waste following a hierarchy of practices (prevention; reduction and recovery at source; re-use; recycling; other recovery; treatment; responsible disposal).

Section Waste management hierarchy Section A person who generates waste , a waste handler or a product steward shall manage waste in accordance with the Act and these Regulations through the application of the following hierarchical waste management practices— prevention; reduction and recovery at source; re-use ; recycling ; other recovery ; treatment; and responsible disposal . When applying the waste management hierarchy referred to in subregulation (1) , the person who generates waste , a waste handler or a product steward shall apply the options that deliver the best overall environmental outcome and the least negative impact to the environment and human health, taking into consideration best available technologies and best environmental practices.
Section 7
§ 8General provisions relating to waste management - Waste streamsProvision

Persons who generate industrial waste, waste handlers, and product stewards must identify waste streams by volume and significant risks, and must continuously monitor and evaluate waste-generating processes through recovery, recycling and disposal.

Section Waste streams Section A person who generates industrial waste , a waste handler or product steward shall identify all waste streams with respect to volumes and any significant risks that the waste may pose to human health and the environment. The waste streams identified under sub regulation (1) shall be quantified, characterised and documented to determine the best waste management options. A person who generates industrial waste , a waste handler or product steward shall continuously monitor and evaluate the processes that generate waste streams from source through to recovery , recycling and disposal to ensure compliance with the Act and these Regulations.
Section 8
§ 9General provisions relating to waste management - Intractable wasteProvision

If intractable waste cannot be prevented and there are no domestic recycling, treatment or disposal options, the waste generator, waste handler or product steward must export the waste for proper disposal.

Section Intractable waste Section A person who generates waste , a waste handler or product steward shall, where the generation of intractable waste is not preventable under regulation 7(1)(a) and where there are no recycling , treatment or disposal options within Uganda, ensure that the waste is exported for proper disposal in accordance with these Regulations.
Section 9

Part III

Licence to manage waste

§ 12Licence to manage waste - Application for licence to manage wasteProvision

Persons intending to collect, transport, store, treat or dispose of waste must apply to the Authority for a licence; applications must use the Schedule 5 form and include the prescribed fee, and in applicable cases include an environmental and social impact assessment approval certificate.

Section Application for licence to manage waste Section An application under this regulation shall— contain general information regarding— contain, in respect to transportation— contain, in respect to storage— contain, in respect to treatment and disposal — A person who intends to carry out the business of collecting, transporting, storing, treating or disposing of waste and any other person required under these Regulations shall apply to the Authority for a licence. An application referred to in subregulation (1) shall be in the form set out in Schedule 5 to these Regulations and shall be accompanied by proof of payment of the fee prescribed in Schedule 6 to these Regulations. An application referred to in subregulation (2) shall, as applicable, be accompanied by a copy of a certificate of approval of environmental and social impact assessment granted for the activity in accordance with the Act and the National Environment (Environment and Social Assessment) Regulations, 2020. the legal status of the applicant; a description of the technical competence and experience of the applicant including the personnel; financial capacity of the applicant; the nature and type of vessels and equipment to be used; proof of safety checks of the transportation vehicles for road worthiness and suitability; carriage capacity of vessel ; quantity of waste to be transported per vessel ; proposed collection schedule for the transportation of the waste ; site or plant to which the waste is to be transported; proposed location of the storage facility; specifications regarding layout, design and construction of the facility; source, type and quantity of waste to be stored; type and labels of containers; proposed safety measures at the facility; measures for the containment and treatment of leakage and leachate, if applicable; preliminary plan for decommissioning; proposed location of the treatment or disposal site; approval of physical planning by the relevant lead agency ; specifications regarding the layout, design and construction of the site; type and quantity of waste to be treated or disposed of; type of treatment or disposal technique to be used; [Please note: numbering as in original.] estimated life-span of the site; measures for the containment and treatment of leakage and leachate; preliminary plan for decommissioning; and contain, where applicable, consent from the local government where the waste management facility is to be located.
Section 12
§ 13Licence to manage waste - Consent of local governmentProvision

A person intending to store, treat or dispose of waste must obtain written consent from the local government where the waste management facility will be located; the local government must, before granting consent, ensure the facility location conforms to regulation 62 and that applicable laws, ordinances, by-laws and planning requirements are complied with.

Section Consent of local government Section The local government referred to in subregulation (1) shall, before granting the consent ensure that— A person who intends to store, treat or dispose waste shall obtain the written consent of the local government in which the waste management facility is to be located. the intended location of the waste management facility conforms to the requirements in regulation 62 ; and the applicable laws, ordinances, by-laws and planning requirements are complied with.
Section 13
§ 14Licence to manage waste - ConsultationsProvision

The Authority may consult a relevant lead agency before deciding on an application; the consulted lead agency must review the application and submit comments and recommendations within twenty-one days of receipt.

Section Consultations Section The Authority may consult a relevant lead agency before making a decision on an application under this Part. The lead agency consulted under sub regulation (1) shall review the application and submit its comments and recommendations on the application within twenty-one days from the date of receipt of the application.
Section 14
§ 15Licence to manage waste - Publication of notice of intention to issue a licenceProvision

The Authority may publish a notice of intention to issue a licence to manage waste in national or other media at the cost of the applicant at least fifteen days before issuance.

Section Publication of notice of intention to issue a licence Section The notice under subregulation (1) shall contain— The Authority may, where it deems necessary and at the cost of the applicant, publish its intention to issue a licence to manage waste in a newspaper of national circulation or any other media at least fifteen days before the issuance of the licence. the name and address of the applicant; the proposed site or activity, where appropriate; where applicable, the invitation to the public to make comments within the period specified in the notice; and any other information the Authority may deem necessary.
Section 15
§ 16Licence to manage waste - Processing of application for a licenceProvision

Applications for a licence to manage waste must be processed expeditiously and not later than ninety days from receipt of a complete application.

Section Processing of application for a licence Section The Committee may, in processing the application— conduct inspections that are necessary to enable it to make an informed decision regarding— The Authority shall, before issuing a licence under this regulation— The Board shall set up a technical committee on pollution control in accordance with section 21 of the Act . The Committee set up under subregulation (1) shall process applications under this Part, taking into account comments and recommendations received from the lead agency under regulation 14 and, where applicable, from the public under regulation 15(2)(c) . the availability of adequate and appropriate facilities and equipment to transport, store, treat or dispose of the waste for which the application is made; measures for the protection of human health and the environment; any other specific measure that may be deemed necessary; and make recommendations to the Authority in respect to the application. verify that the applicant has adequate financial capacity and has provided an insurance policy under regulation 19 and at least one other form of financial security referred to in regulation 18 ; verify that the applicant has adequate technical capacity to manage the waste ; consider the possible effects of the waste on the environment; where applicable, verify that the applicant has obtained consent from the relevant local government in accordance with regulation 13 ; verify that the applicant meets any other relevant requirements of the Act , these Regulations, environmental standards and any other applicable law; and take any other measures as are necessary to ensure compliance with the relevant requirements of the Act , these Regulations, environmental standards and any other applicable law. An application for a licence to manage waste shall be processed expeditiously, but in any case not later than ninety days from the date of receipt of a complete application.
Section 16
§ 17Licence to manage waste - Determining financial capacityProvision

The Authority must be guided by specified financial indicators when determining an applicant's financial capacity.

Section Determining financial capacity Section For the purposes of determining the financial capacity of an applicant under regulation 16(4)(a) , the Authority shall be guided by— the net assets of the applicant as disclosed in the annual returns; audited financial statements of the applicant for the last two years or as applicable; the tax obligations of the applicant; the bank statement of the applicant for the last two years or as applicable; the actual stock in trade of the applicant; and key financial ratios.
Section 17
§ 18Licence to manage waste - Financial securityProvision

The Authority may require licence applicants to provide financial security and must consider specified factors when determining the amount.

Section Financial security Section The financial security shall guarantee environmental remediation of a waste management facility or vessel where— In determining the financial security to be provided by the applicant under subregulation (1) , the Authority shall take into consideration— The Authority may, in accordance with section 141 of the Act , require an applicant for a licence to provide a financial security in the form of an on-demand bank guarantee in the format set out in Schedule 7 to these Regulations, insurance, performance bonds, escrow agreements or any other form of credit or similar security as the Authority may determine. The financial security obtained under subregulation (1) shall be any one security and an insurance policy under regulation 19 . there is need for immediate response action to an emergency occasioned by the waste management facility , vessel or activity of the waste handler ; decommissioning, restoration and after-care procedures of the waste management facility have not been carried out to the satisfaction of the Authority ; or the waste handler is declared insolvent. the type and quantity of waste that the waste handler is authorised to handle; the possible costs related to decommissioning, restoration and after-care procedures; the potential cost of clean-up operations for the hazardous waste that may not be handled by the waste handler , given the quantities of hazardous waste permitted to be stored by the waste handler or transported for safe handling elsewhere; and the risks associated with the waste management activity.
Section 18
§ 19Licence to manage waste - InsuranceProvision

The Authority may require persons who generate hazardous waste or licence applicants to subscribe to an insurance policy; the required insurance must cover environmental risks, harm to health or the environment, and third-party property damage from waste management operations.

Section Insurance Section The Authority may require a person who generates hazardous waste or an applicant to be granted a licence under this Part, to subscribe to an insurance policy. The insurance policy required under this Part shall cover environmental risks likely to arise out of the waste management operations, including harm caused to human health or the environment, and damage to a third party’s property caused by operations of the waste management activity.
Section 19
§ 20Licence to manage waste - Grant of licence to manage wasteProvision

The Authority may grant a licence to manage waste if satisfied the applicant meets the Act and this Part.

Section Grant of licence to manage waste Section The Authority may, after being satisfied that the applicant meets the requirements of the Act and this Part, grant a licence to manage waste . The licence issued under this regulation shall be in the format set out in Schedule 8 to these regulations. A licence granted under this regulation shall not be transferable.
Section 20
§ 21Licence to manage waste - Conditions in a licenceCommencement

The Authority may impose licence conditions and may require waste handlers (especially for incineration/co-generation or landfills) to implement specified measures to ensure environmental and health protection.

Section Conditions in a licence Section The Authority may, in granting a licence under regulation 20(1) , impose conditions, including requirements relating to— Where a licence relates to operation of a landfill , the Authority may, in addition to the conditions under subregulation (1) , stipulate— Where the licence relates to operation of an incineration or co-generation facility, the Authority may, in addition to the conditions under subregulation (1) , require the waste handler to put in place measures to guarantee that— compliance with conditions of a certificate of approval of environmental and social impact assessment; fitness for purpose of facility or vessel ; qualifications and experience of the personnel; handling, transport, storage, treatment or disposal of waste , including requirements for facilities and equipment; the need to obtain a financial security in accordance with regulation 18 before commencement of operations; the need to subscribe to an insurance policy covering the environmental risks likely to arise out of the waste management activity in accordance with regulation 19 ; pollution abatement, risk reduction and environmental standards , including control of emissions, noise and vibration, and effluent; site specific measures; decommissioning, restoration and after-care of the waste management facility ; the type and total amount of waste permitted to be managed at any time; additional measures for the protection of human health and the environment; and any other measure as the Authority may deem necessary. the class of the landfill , in accordance with regulation 71 ; the maximum capacity of the landfill ; the types and quantity of waste which is authorised to be deposited in the landfill ; the requirements for landfill preparation, operation and monitoring and control procedures, including preliminary requirements for decommissioning; measures for compliance with the waste acceptance criteria contained in the operating procedures for the facility; reporting obligations under the Act and these Regulations; and any other condition specific to landfills as the Authority may deem necessary. the facility is designed, equipped and will be operated in a manner that the requirements of the Act , these Regulations, any other applicable law and environmental standards are complied with, taking into account the categories of waste to be incinerated; the heat generated during the incineration and co­generation process is recovered as far as practicable, including through combined heat and power, or the generation of process steam; the residue from the incineration process is minimised in amount or hazard potential, and recycled where appropriate; or the disposal of the residue remaining after minimisation or recycling under paragraph (c) is carried out in conformity with these Regulations.
Section 21
§ 22Licence to manage waste - Duration of licenceProvision

A licence for transportation of waste is valid for two years; a licence for storage, treatment or disposal of waste is valid for three years.

Section Duration of licence Section A licence for transportation of waste shall be valid for a period of two years. A licence for the storage, treatment or disposal of waste shall be valid for a period of three years.
Section 22
§ 23Licence to manage waste - Variation, suspension or revocation of licenceProvision

The Authority may vary, suspend or revoke licences for reasons including protection of human health or the environment; it must notify affected waste handlers and give them opportunities to respond, and waste handlers must stop operations and remediate if licences are suspended or revoked.

Section Variation, suspension or revocation of licence Section The reasons for variation of the licence under subregulation (1) may be to— Where the variation relates to substantive matters referred to under subregulation (2) , the Authority may require the waste handler — Where the variation is at the initiative of the Authority , the Authority shall— The Authority shall, within twenty one days of completion of the process contemplated for substantive variations in subregulation (2) - The Authority may suspend or revoke the licence where— Where the Authority intends to suspend or revoke a licence, it shall— The Authority may, after the expiration of the period specified in subregulation (9) , suspend or revoke the licence where— The Authority may vary, suspend or revoke the licence issued under regulation 20 . protect human health or the environment; comply with prescribed environmental standards ; or any other reasons the Authority may consider relevant. to halt project activities until the variation has been made and an updated licence has been issued; to conduct such investigations and assessments as the Authority may direct and to submit to the Authority reports with any comments on those reports from interested and affected parties; and to consult the relevant lead agency or other stakeholders in accordance with regulation 14 or 15 . notify the waste handler in writing of the proposed variation; give the waste handler an opportunity to comment on the proposed variation in writing; and if necessary, consult the relevant lead agency or other stakeholders in accordance with regulation 14 or 15 , and accord them the opportunity to submit to the Authority written comments on the proposed variation. vary or decline to vary the licence; and notify the waste handler and other interested or affected parties, if any, of the decision and its reasons. Where the Authority varies the licence, the variation shall be without prejudice to any liabilities or obligations which may have accrued on the waste handler before the variation was effected. information or data given by the applicant in the application or during consultations was false, substantially incorrect or intended to mislead; information related to the conduct of the applicant which could have precluded the approval of the application had it been available to the Authority , is brought to the attention of the Authority ; there is non-compliance with the Act , these Regulations or the conditions of a licence; it is necessary to protect human health or to prevent harm or further harm to the environment, due to a situation that was not foreseen during the grant of the licence; or there is a substantial change or modification of the process or technology, the basis on which the licence was granted, which may lead to adverse environmental impacts or endanger human health or undermine safety. notify the waste handler of the intention within fourteen days before the decision; and inform the waste handler of their right to show cause why the licence should not be suspended or revoked. A waste handler given notice under subregulation (8) may give a written response to the Authority within seven days from the date of receipt of the notice, stating reasons why the licence should not be suspended or revoked. it is not satisfied with the reasons given by the waste handler ; or it has not received a response from the waste handler . Notwithstanding subregulation (9) , the Authority may, depending on the gravity of the matter, suspend or revoke a licence granted under these Regulations without notice and immediately stop operations of the waste handler . Where a licence is suspended or revoked under subregulation (10) or (11) , the waste handler shall stop any further operations and undertake necessary remediation measures in a manner determined by the Authority . Where a licence has been suspended and a waste handler has undertaken remediation measures under subregulation (12) to the satisfaction of the Authority , the waste handler may apply to the Authority for reconsideration.
Section 23
§ 24Licence to manage waste - Renewal of licenceProvision

A person granted a licence may apply to the Authority to renew the licence, and the application must be made at least sixty days before the licence expires.

Section Renewal of licence Section The application referred to under subregulation (1) shall be accompanied by— A person granted a licence under these Regulations may apply to the Authority for renewal of the licence at least sixty days before the expiration of the licence. An application referred to under subregulation (1) shall be in the form set out in Schedule 5 to these Regulations. a copy of the current licence; evidence of compliance with the conditions of the licence to be renewed, including where applicable, the most recent environmental compliance audit report or monitoring reports; a copy of the most recent annual report; proof of financial and technical capacity; where applicable, a confirmation of the financial security, including insurance; proof of payment of the fee prescribed in Schedule 6 to these Regulations; and any other information that may be required by the Authority . The Authority may process the application for renewal in accordance with this Part. The Authority may, in renewing a licence under this regulation, impose any of the conditions specified in regulation 21 .
Section 24
§ 25Licence to manage waste - Transfer of waste management facilityProvision

When a waste management facility is to be transferred, the waste handler must notify the Authority in writing at least ninety days before the proposed transfer and advise the transferee to apply for a new licence; if the waste handler is absent the transferee must notify and apply; the application must include specified information; the Authority may approve and, if issuing a new licence, must cancel or withdraw the old licence before issuing the new one.

Section Transfer of waste management facility Section Where a waste handler wishes to transfer a waste management facility , the waste handler shall, at least ninety days from the date of the proposed transfer— The application under subregulation (2) shall, in addition to the requirements of regulation 12 , state— notify the Authority in writing of the intention to transfer the facility; and advise the new transferee to apply to the Authority for the issuance of a new licence in accordance with these Regulations using the form prescribed in Schedule 5 to these Regulations. In the absence of the waste handler referred to under subregulation (1) , the transferee shall obtain the waste handler ’s information required under subregulation (2) and notify the Authority of the transfer. The transferee referred to under subregulation (1) shall, within the period stipulated under subregulation (1) , apply to the Authority for a licence to manage waste in accordance with these Regulations. the name and address of the proposed transferee; the technical and financial capacity of the proposed transferee to carry on with the management of the waste ; that the transferee shall be responsible for all the liabilities of the waste management facility ; a resolution of the company or certificate of ownership from the registrar of companies; and any other information the Authority may deem necessary. The Authority may, in accordance with regulations 16 , 20 and 21 , approve the new application under this regulation. Where the Authority makes the decision to issue a new licence, it shall cancel or withdraw the old licence before issuing a new licence.
Section 25

Part IX

Waste Incineration

§ 82Waste Incineration - General provisions for waste incinerationProvision

A waste handler with a licence to incinerate waste must ensure the incinerator meets specified technical, monitoring, design and pollution-control requirements, and where feasible provides for energy recovery and recovery of metals or minerals from bottom-ash or slag.

Section General provisions for waste incineration Section A waste handler with a licence to incinerate waste shall ensure that the incinerator— The purpose of this Part is to ensure that where incineration is approved as the waste disposal method, the waste is incinerated in a sound and controlled manner and does not cause adverse effects on human health or the environment. is technically sound and controls air pollution, including by flue gas cleaning system; has means of monitoring the performance of the combustion process; is adapted to the specific type and hazardous constituents of waste to be incinerated; is designed to ensure that its operation is in compliance with environmental standards ; where feasible, is designed to provide for recovery of energy; and where feasible, is designed to recover metals or mineral from bottom-ash or slag.
Section 82
§ 83Waste Incineration - Registration and controlProvision

Waste handlers must keep an up-to-date database of quantities and characteristics of incinerated waste, weigh and record each accepted waste type, ensure hazardous waste matches the manifest, retain the database for at least ten years, and make it available to the Authority or an authorised officer on request.

Section Registration and control Section A waste handler shall maintain an up to date database of the quantities and characteristics of the waste incinerated at the facility, indicating— A waste handler shall ensure that each type of waste accepted at a waste incineration plant or co-generation plant , is weighed and recorded. Where hazardous waste is accepted at a waste incineration plant or co-generation plant , the waste handler shall ensure that the waste corresponds with the description in the waste manifest. origin of the waste ; date of delivery of the waste ; identity of the person or facility that generated the waste ; where applicable, the method of treatment of the waste prior to incineration ; and the characteristic of the residue material after incineration . The database under subregulation (3) shall be kept for a minimum period of ten years. The database maintained under subregulation (3) shall be made available to the Authority or an authorised officer , upon request.
Section 83
§ 84Waste Incineration - Conditions for incinerationProvision

A waste handler must ensure incineration plants are properly designed, built and operated to meet specified environmental and residue standards; notify the Authority 3 months before certain changes; handle infectious healthcare waste separately; and manage hazardous residue per Part VI.

Section Conditions for incineration Section A waste handler shall ensure that a waste incineration plant or co-generation plant is designed, constructed and operated in a manner that meets the following minimum requirements— Waste incineration plants and co-generation plants shall be designed, built and operated to ensure that— incineration plants shall be operated to achieve a level of incineration where the Total Organic Carbon content in the slag and bottom ashes is less than 3 percent or the loss on ignition is less than 5 percent of the dry weight of the material and, if necessary, appropriate techniques of waste pre-treatment shall be used; incineration plants shall be designed, equipped, built and operated in a manner that ensures that the emissions resulting from the process are in compliance with the Act , these Regulations, conditions in the licence and environmental standards ; and each line of the incineration plant shall be equipped with at least one auxiliary burner in case the functionality of the main burner is compromised. the quantity of incineration residue from the operation of the plant is minimised as much as possible, and that valuable components in the residue will be recovered; the content of hazardous substances in the incineration residue is further minimised as much as possible; energy generated by the incineration process is recovered as far as practically possible; and odours or other emissions from the incineration process are not a nuisance, and do not cause harm to human health or the environment. The waste handler shall ensure that changes in technology or operational conditions of a waste incineration plant or co-generation plant do not generate more residues or residues with a higher content of organic pollutants contrary to the Act , these Regulations, conditions in a licence or environmental standards . Where a waste handler intends to make changes under subregulation (3) , the waste handler shall notify the Authority at least three months prior to the proposed change. A waste handler authorised to incinerate healthcare waste shall ensure that infectious waste is handled appropriately and incinerated without mixing with other categories of waste . Non-hazardous incineration residue may be utilised in accordance with regulation 65 , where appropriate or handed to an authorised waste handler for final disposal . For the avoidance of doubt, hazardous residue from incineration shall be managed in accordance with Part VI of these Regulations.
Section 84
§ 85Waste Incineration - Maintenance of waste incineration plants and co-generation plantsProvision

The waste handler must keep incineration and co-generation equipment in sound working order and must document maintenance systems and procedures for that equipment.

Section Maintenance of waste incineration plants and co-generation plants Section The waste handler shall ensure that the incineration and co­generation equipment is maintained in sound operational condition. The waste handler shall document the maintenance systems and procedures for the equipment referred to in subregulation (1) .
Section 85
§ 86Waste Incineration - Control of emissionsProvision

The waste handler must ensure waste incineration or co-generation plants are designed, built and operated so emissions stay within limits in the Act, these Regulations, environmental air quality standards and licence conditions.

Section Control of emissions Section The waste handler shall ensure that a waste incineration plant or co-generation plant is designed, built and operated in a manner which ensures that the emission levels are within the limits prescribed under the Act , these Regulations, environmental air quality standards, any other applicable law and conditions in the licence. Flue gas from incineration plants shall be raised in a controlled manner through a stack. The height of the stack referred to in subregulation (2) shall be at a level that ensures that concentration of air pollution at ground level or at any nearby air in-let does not exceed the air quality standards prescribed under the air quality regulations made under the Act . The Authority may set the required stack height in the licence.
Section 86
§ 87Waste Incineration - Control of wastewater dischargesProvision

The waste handler must ensure that waste incineration or co-generation plants are designed, built and operated so that hazardous-substance concentrations in flue-gas cleansing wastewater comply with listed Acts, Regulations and licence conditions.

Section Control of wastewater discharges Section The waste handler shall ensure that a waste incineration plant or co-generation plant is designed, built and operated in a manner that ensures that the concentration of hazardous substances in wastewater from the cleansing of flue gas comply with the requirements of the Act , these Regulations, the Water (Waste Discharge) Regulations, the National Environment (Standards for Discharge of Effluent into Water or Land) Regulations, 2020 and conditions in the licence.
Section 87
§ 88Waste Incineration - Monitoring and control of processesProvision

The waste handler must carry out technological, environmental and health monitoring of waste incineration or co-generation plants; if significant variations from prescribed limits are observed, the waste handler must notify the Authority within twenty-four hours.

Section Monitoring and control of processes Section Technological monitoring shall be undertaken to check performance and ability of the facility to control emissions and shall include— Environmental monitoring shall include— Health monitoring shall assess and monitor employee health both prior and during employment and shall include— The waste handler shall undertake technological, environmental and health monitoring to ensure that waste incineration plants or co-generation plants are equipped to monitor operation and control parameters relevant to the incineration process. monitoring of state-of-the-art and best available technology for a smart facility operation; regular inspection, to determine signs of corrosion, wear, blockages or other damage in the facility; and energy recovery aspects of the facility. continuous measurements of pressure, temperature, concentration of pollutants and composition of the flue gas; continuous monitoring of metals and their compounds as well as dioxins and furans; continuous measurements of pH, temperature and flow of wastewater from the cleansing of flue gas; continuous measurements of temperature after the last injection of combustion air, as measured near the inner wall or at another representative point of the combustion chamber; measurement of the quantity of waste incinerated; performance tests to ascertain compliance with the emission limits and performance specifications for continuous monitoring systems, when the facility is operating under normal conditions; and measurement of any other parameters that the Authority may deem necessary. [Please note: numbering as in original.] compliance with the health and safety programme of the facility; pre-employment screening, to determine fitness-for-duty, including the ability to work while wearing personal protective equipment, and provide baseline data for future exposures; periodic medical monitoring examinations, the content and frequency of which depend on the nature of the work and exposure, to determine biological trends that may mark early signs of chronic adverse health effects; provisions for emergency and acute non-emergency treatments; and auxiliary utilisation of portable sensor stickers to facilitate the detection of fugitive emissions of defined pollutants. Where the waste handler observes significant variations from the limits prescribed under these Regulations, the air quality regulations made under the Act , any other applicable law and conditions of the licence, the waste handler shall notify the Authority within twenty-four hours.
Section 88

Part VII

Treatment and disposal of waste

§ 60Treatment and disposal of waste - Treatment and disposal of wasteProvision

Waste handlers must treat or dispose of waste using approved standards and best available technologies, and must have quality control and assurance; where no standards exist they may use internationally recognised standards with Authority approval.

Section Treatment and disposal of waste Section The waste handler shall treat or dispose waste in accordance with the treatment or disposal methods and environmental standards approved by the Authority and shall use best available technologies and best environmental practices. Where there are no environmental standards , the waste handler may, with the approval of the Authority , use internationally recognised standards. The waste handler shall have quality control and quality assurance protocols to ensure that the treatment and disposal of waste is in compliance with the Act , these Regulations, environmental standards , conditions in the licence and any other applicable law.
Section 60
§ 61Treatment and disposal of waste - Treatment and disposal of hazardous wasteProvision

Waste handlers must determine waste composition and, if licensed to treat hazardous waste, take reasonable measures and undertake analyses before treatment; analyses must follow regulations and consider the waste manifest and published information.

Section Treatment and disposal of hazardous waste Section Without limiting the general effect of subregulation (2) , the waste handler shall inquire into and ascertain the composition of waste wherever the waste handler has reason to believe that— A waste handler licensed to treat hazardous waste shall, in addition to the requirements in regulation 60 , take reasonable measures to determine the composition, nature and properties of the waste before treatment. For the purposes of subregulation (1) , the waste handler shall, in accordance with these Regulations and any other applicable laws, undertake physical, chemical or biological analyses, taking into account the waste manifest and any relevant published scientific information. a process or operation producing the hazardous waste delivered to the waste management facility has changed; or the description of the waste received at the facility does not match the description of the waste on the accompanying waste manifest.
Section 61

Part VIII

Landfills

§ 68Landfills - General provisions for landfillsProvision

Waste handlers operating dumpsites before these Regulations came into force must apply to the Authority within three months for guidance to transition to an engineered landfill.

Section General provisions for landfills Section The purpose of this Part is to ensure that where landfilling of waste is approved by the Authority as the waste disposal method, the waste is landfilled in a sound and controlled manner and does not cause adverse effects on human health or the environment. A waste handler who has been operating a dumpsite before the coming into force of these Regulations shall, within three months from the coming into force of these Regulations, apply to the Authority for guidance to transition from a dumpsite to an engineered landfill . Subject to subregulation (2) , the Authority may require the waste handler to close the dumpsite.
Section 68
§ 69Landfills - LandfillsProvision

A licensed waste handler operating or owning a landfill must ensure the landfill is engineered and located properly, meet environmental assessment and buffer-zone requirements, prevent contamination, conduct quarterly environmental monitoring and submit half-yearly monitoring reports; where Uganda lacks standards the handler may use international standards with Authority approval.

Section Landfills Section A waste handler with a licence to own or operate a landfill , shall, in addition to the requirements of regulation 21(2) — ensure, in accordance with regulation 62 , that the engineered landfill is located in an area which— construct an engineered landfill in accordance with the Act , these Regulations, environmental standards , guidelines for landfills issued by the Authority , best environmental practices and best available technologies; has been identified after undertaking research and studies, and found to be suitable for the purpose; has been subjected to environmental and social assessment in accordance with the National Environment (Environmental and Social Assessment) Regulations, 2020; provide an approved secure buffer zone surrounding the active area of the engineered landfill , in accordance with environmental standards ; apply appropriate and effective practices and techniques that prevent leakage of hazardous elements into the groundwater systems and soil, so as to prevent the risk of environmental pollution; and conduct quarterly monitoring of air, water and soil quality in the surrounding environment to establish the level of contaminants arising from the landfill operations and submit monitoring reports to the Authority on a half yearly basis. Where there are no environmental standards in Uganda, the waste handler may, with the approval of the Authority , use internationally recognised standards.
Section 69
§ 70Landfills - Waste prohibited from being landfilledProvision

A waste handler must not landfill a list of specified wastes, including liquids, flammables, explosives/reactive wastes, electrical and electronic waste, infectious healthcare waste, radioactive or corrosive waste, polymers and certain research/education wastes, glass, and other wastes the Authority determines.

Section Waste prohibited from being landfilled Section A waste handler shall not landfill — liquid waste ; flammable waste ; explosive or reactive waste ; electrical and electronic waste ; infectious healthcare waste ; radioactive or corrosive waste ; polymers, including non-biodegradable plastics, carrier bags and tyres; glass; waste from research institutions and education facilities that contains chemical substances whose effects on human health and the environment are not known; and any other type of waste as may be determined by the Authority .
Section 70
§ 71Landfills - Classes of landfillsProvision

The provision classifies landfills into Class 2 (non-hazardous waste) and Class 1 (hazardous waste, biodegradable or certain inert wastes as specified).

Section Classes of landfills Section A landfill shall be classified into— Class 2: landfills for non- hazardous waste — Class 1: landfills for hazardous waste in accordance with Part VI other than hazardous waste specified in regulation 70 ; or biodegradable waste ; or inert waste other than similar waste specified in regulation 70 .
Section 71
§ 72Landfills - Waste to be accepted in the different classes of landfillsProvision

A waste handler must ensure class 1 landfills take only hazardous waste, class 2 only non-hazardous waste; must treat hazardous waste before landfilling; must ensure delivered waste is suitable and accompanied by required documentation; and must reject waste that fails landfill acceptance criteria.

Section Waste to be accepted in the different classes of landfills Section A waste handler shall ensure that— a class 1 landfill receives and manages only hazardous waste ; and a class 2 landfill receives and manages only non- hazardous waste . A waste handler shall treat hazardous waste before it is landfilled. A waste handler shall ensure that waste delivered to a landfill is suitable for the landfill and is accompanied with documentation required under these Regulations. A waste handler shall reject waste that does not meet the acceptance criteria for the landfill .
Section 72
§ 73Landfills - Waste databaseProvision

A waste handler must maintain an up-to-date landfill waste database recording types, dates, origin, generator identity, treatment method and (for hazardous waste) exact on-site location; the database must be kept for at least ten years and made available to the Authority, a lead agency or an authorised officer on request.

Section Waste database Section A waste handler shall maintain an up to date database of the quantities and characteristics of the waste disposed in the landfill , indicating— the type, description and origin of the waste ; the date of delivery of the waste ; the identity of the person or facility that generated the waste ; the method of treatment of the waste prior to landfilling; and in the case of hazardous waste , the exact location of the waste on the site. The database referred to in subregulation (1) shall be kept for a minimum period of ten years. The database maintained under subregulation (1) shall be made available to the Authority , a lead agency or an authorised officer upon request.
Section 73
§ 74Landfills - Water control and leachate managementProvision

A waste handler must take appropriate measures to control water and manage leachate at a landfill.

Section Water control and leachate management Section A waste handler shall take appropriate measures to— control water from precipitation entering into the landfill mass; prevent surface water or groundwater from entering the landfilled waste ; collect contaminated water and leachate; and treat contaminated water and leachate collected from the landfill to achieve the required discharge quality.
Section 74
§ 75Landfills - Protection of soil and waterProvision

Waste handlers must install lining and other measures (including specified layers and detection systems) and ensure landfill siting and design prevent pollution of soil and water; certain thicknesses/levels are specified.

Section Protection of soil and water Section The waste handler shall put in place preventive measures to ensure that soil, groundwater and surface water is protected by lining the landfill as follows— the base and sides of the landfill shall contain a layer which is a combination of— the top layer of the landfill placed during closure and decommissioning shall have a combination of a draining layer, a top liner and where applicable— The waste handler shall ensure that the landfill is situated and designed in accordance with these Regulations, conditions in the licence and the guidelines issued by the Authority to prevent pollution of soil, groundwater or surface water. a geological barrier determined by geological and hydro-geological conditions below and in the vicinity of a landfill site, providing sufficient attenuation capacity to prevent potential risk to soil and groundwater; an impermeable liner; a drainage layer with a minimum thickness of 0.5 meters or more as may be determined by the Authority to ensure that leachate accumulation at the base of the landfill is kept to a minimum; and a functional leakage and leachate detection system; a layer to allow for controlled release of gas out of the landfill ; an impermeable membrane; and a geological barrier. The base layer referred to in subregulation (2)(a) shall be at a minimum of 1.5 meters above groundwater. The waste handler shall, during the construction of the landfill , put in place measures to ensure that topsoil and overburden is securely stored to avoid erosion and contamination during the operation of a landfill .
Section 75
§ 76Landfills - Gas controlProvision

Waste handlers must implement measures to collect or control landfill gases; they may only flare gas for safety or emergency reasons.

Section Gas control Section A waste handler shall put in place appropriate measures to collect or control the accumulation and migration of landfill gases. A waste handler may only flare landfill gases for safety and emergency reasons.
Section 76
§ 77Landfills - Nuisance and hazardsProvision

Waste handlers must implement measures to minimise nuisance and hazards from gaseous emissions, wind-blown materials, traffic related to the landfill, noise and vibrations, and birds, vermin and insects.

Section Nuisance and hazards Section A waste handler shall put in place appropriate measures to minimise nuisance and hazards arising from— gaseous emissions, including offensive odour and particulate matter; wind-blown materials; traffic related to the landfill ; noise and vibrations; and birds, vermin and insects.
Section 77
§ 78Landfills - Stability of landfilled wasteProvision

A waste handler must ensure landfill placement of waste is carried out so the mass of waste and associated structures remain stable; if an artificial barrier is present the waste handler must monitor settlement to avoid damage to the barrier.

Section Stability of landfilled waste Section A waste handler shall ensure that placement of waste in the landfill is undertaken in a manner that ensures stability of the mass of waste and associated structures. Where an artificial barrier is established, the waste handler shall monitor how the waste settles, to prevent damage to the barrier.
Section 78
§ 79Landfills - Control and monitoring procedures in the operational phaseProvision

A waste handler must implement and operate a landfill quality control and monitoring programme meeting the Regulations and Authority landfill guidelines, include specified programme contents, notify the Authority of disclosed effects, and ensure sampling and analyses follow the Act, these Regulations, environmental standards and licence conditions.

Section Control and monitoring procedures in the operational phase Section The quality control and monitoring programme referred to under subregulation (1) shall— A waste handler shall implement a quality control and monitoring programme during the operation of the landfill in accordance with these Regulations and landfill guidelines issued by the Authority . describe and provide a map showing the installations; identify the monitoring devices, instruments or tools that should be used, including the calibration procedures for each instrument; provide detailed instructions for the collection of samples, including collection of quality control or quality assurance samples; provide detailed instructions on measurements, including a description of the units of measurement, the required measurement precision and accuracy, and any other relevant information; identify all data that should be recorded, including the date and time of all samples or measurements, staff names, weather conditions, sampling locations; provide relevant forms or equipment for data recording; and address health and safety issues by providing or referencing an appropriate health and safety plan. A waste handler shall notify the Authority of any health, safety and environmental effects disclosed by the control and monitoring procedures. A waste handler shall ensure that sampling and analyses for quality control, quality assurance and environmental monitoring purposes is carried out in accordance with the Act , these Regulations, environmental standards and conditions in the licence.
Section 79
§ 80Landfills - Excavation, disruption or removal of deposited material in landfillProvision

A waste handler who intends to excavate, disrupt or remove deposited material from a landfill must apply to the Authority for approval.

Section Excavation, disruption or removal of deposited material in landfill Section The application under subregulation (1) shall include a plan stating— The Authority may, in granting an approval under subregulation (1) , include conditions related to— A waste handler who intends to excavate, disrupt or remove deposited material from an active, terminated or closed landfill shall apply to the Authority for approval. the area of the landfill involved; the depth of the excavation with final grades; the site where excavated material is to be re-deposited; the estimated time required for completion of excavation procedures; proposed control measures to address potential risks from the operations; and any other relevant information. measures to be taken to control dust, odour, fires, vermin, rodents, insects, litter, surface water run-off and erosion; confinement of the excavation, disruption or removal of deposited material to a specific area in the landfill ; and any other condition the Authority may deem necessary.
Section 80
§ 81Landfills - Closure and after-care proceduresProvision

Waste handlers must take account of likely landfill changes when closing landfills, notify the Authority and undertake decommissioning, remain responsible for after-care (including maintenance, monitoring, control and remediation) for at least thirty years, and immediately notify the Authority of any adverse effects; the Authority must carry out a final on-site inspection and be satisfied before a landfill is regarded as closed.

Section Closure and after-care procedures Section The landfill after-care referred to in subregulation (4) may include— Where a landfill or part of a landfill is to be closed, the waste handler shall take into account the changes that are likely to occur in the landfill in order to inform the process of landfill decommissioning and after-care . Where a landfill or part of a landfill is to be closed, the waste handler shall notify the Authority and undertake decommissioning in accordance with Part X of these Regulations. A landfill or part of a landfill , shall be regarded as closed only after the Authority has carried out a final on-site inspection and is satisfied that the conditions for closure have been fulfilled. A waste handler shall, in accordance with regulation 79 , remain responsible for the after-care of the landfill including maintenance, monitoring and control, and for remediation action for a period of at least thirty years. control and monitoring of landfill gases; monitoring and management of leachate; control of erosion, including of top cover; monitoring the quality of groundwater; observation of changes in condition of vegetation; and observation and control of vermin and odour. Where there are special cells for inert waste , aftercare monitoring shall be for a minimum of twenty years. A waste handler shall immediately notify the Authority of any adverse environmental effects disclosed by the after-care and monitoring.
Section 81

Part X

Decommissioning of waste management facilities

§ 89Decommissioning of waste management facilities - Decommissioning planCommencement

A waste handler must prepare and submit to the Authority, for approval, a comprehensive decommissioning plan at least twelve months before decommissioning; the Authority must review the plan, consult the lead agency before approval, may require further information or amendments, may approve with conditions, and must approve or reject within 6 months of a complete plan.

Section Decommissioning plan Section The decommissioning plan referred to in subregulation (1) shall, as a minimum contain— Where the decommissioning plan is in respect to a landfill , the plan shall, in addition to the requirements under subregulation (2) include— A waste handler shall prepare and submit to the Authority , for approval, a comprehensive decommissioning plan for the waste management facility at least twelve months prior to the commencement of the decommissioning. details of how the waste management facility will be decommissioned and disposed of or closed when operations cease; details of how the waste generated during decommissioning will be managed; procedures for the restoration or rehabilitation and remediation of the waste management site against the baseline of the area immediately before the facility was constructed or the immediate surrounding environment; the occupational health and safety measures to be undertaken during decommissioning; proposals on further use of the decommissioned site or facility, other use, complete or partial removal and disposal of the facilities; an indication of resources required for the decommissioning, restoration and after care; the proposed duration of the decommissioning process; environmental monitoring measures during and after decommissioning; evidence of consultation with the relevant stakeholders on the proposed decommissioning; a summary of the most recent environmental compliance audit report and where available, the response from the Authority to the audit report; and any other information the Authority may require. measures to address likely residual issues and impacts identified; final shaping and landscaping; final landfill cover or cap design, including the utilisation of the topsoil stockpiled during the design and construction of the landfill ; measures for permanent storm-water diversion, run-off control and anti-erosion measures; and a description of any infrastructure relating to selected end­ use, where applicable. The Authority shall on receipt of the decommissioning plan, review it and may require further information and evaluation to be carried out by the waste handler or may require a new or amended plan to be submitted. The Authority shall, before approving the decommissioning plan, consult the relevant lead agency . The Authority may, when satisfied with the decommissioning plan and taking into account any comments from the lead agency referred to under subregulation (5) , approve the plan with conditions where necessary. The Authority shall review and approve or reject the plan submitted under this regulation within 6 months from date of receipt of a complete plan.
Section 89
§ 90Decommissioning of waste management facilities - Decommissioning of a waste management facilityProvision

The waste handler must carry out specified decommissioning activities during decommissioning and follow approved plans, standards and guidelines; the Authority may impose additional requirements.

Section Decommissioning of a waste management facility Section The waste handler shall, during decommissioning— The waste handler shall undertake the decommissioning process in accordance with the approved decommissioning plan, these Regulations, any other applicable law, environmental standards , guidelines issued by the Authority and international environmental best practices. Where there are no environmental standards , the decommissioning shall be undertaken in accordance with internationally recognised standards approved by the Authority and best industry practices. The Authority may, during the decommissioning process, impose additional requirements on the waste handler . remove all roads and other access means and make them inaccessible, where applicable; remove all foundations of buildings, permanent structures, equipment and debris from the decommissioned site; geo-reference the decommissioned site and include a landmark approved by the Authority ; remove any contaminated soil so as not to cause further pollution of the area, where applicable; restore the decommissioned site as near as possible to its original state; vegetate or re-vegetate the decommissioned site with indigenous species compatible with the surrounding ecosystem; record and monitor the restoration of the decommissioned site after decommissioning for a period required by the Authority in consultation with the relevant lead agency ; and [Please note: numbering as in original.] carry out any other activity related to the decommissioning as the Authority may require.
Section 90
§ 91Decommissioning of waste management facilities - Post decommissioning and after careProvision

On completion of decommissioning the waste handler must submit a report setting out the end of the decommissioning process, achievements and lessons learnt, issues for follow up and any other relevant information; the Authority must consult the lead agency and verify the site on receipt, may require further remediation or undertake remediation at the waste handler's expense, and may require annual reports.

Section Post decommissioning and after care Section On completion of the decommissioning, the waste handler shall submit a report stating— The report submitted under subregulation (2) shall be accompanied by— The Authority shall, where it receives the report under subregulation (2) — the end of the decommissioning process; achievements and lessons learnt; issues for follow up; and any other relevant information. the post decommissioning audit report undertaken by an independent auditor contracted by the waste handler ; and a site verification report by the relevant local government . Notwithstanding subregulation (2) , the Authority may require the waste handler to submit an annual report on the condition of the decommissioned site in accordance with regulation 100 . consult the relevant lead agency ; and carry out an independent verification of the decommissioned site. The Authority shall, where it is not satisfied with the decommissioning process, require the waste handler to undertake further remediation or may undertake the remediation at the expense of the waste handler . For the avoidance of doubt, the waste handler shall remain liable for the post-care and future pollution costs resulting from the waste management activities in accordance with the Act and these Regulations.
Section 91

Part XI

Transboundary movement of waste

§ 92Transboundary movement of waste - Export and import of wasteProvision

The Authority may issue licences and give consent for export or import of waste subject to specified conditions; persons intending to export or import must apply in writing with prescribed movement documents and fees; transporting hazardous waste by water within Uganda is prohibited except for wastes from islands or water operations.

Section Export and import of waste Section The Authority may issue a licence to an applicant to export waste from Uganda— The Authority may issue a licence to an applicant and give consent to import waste into Uganda where— A person who intends to export waste from Uganda or to import waste into Uganda shall apply in writing to the Authority for a licence. An application under subregulation (1) shall be accompanied with a movement document in Form I set out in Schedule 12 to these Regulations and the fees prescribed in Schedule 6 to these Regulations. where it is satisfied with the completed movement document submitted under subregulation (2) ; and after obtaining the consent of the Designated National Authority of the state to which the waste is to be exported and, where applicable, the country through which the applicant intends to move the waste . the applicant has the requisite financial security; the Authority has received a complete movement document from the Designated National Authority of the country where the waste is being imported from; the Authority is satisfied with the information in the completed movement document submitted under subregulation (2) ; the Authority has received comments from the international body designated under any agreement or arrangement to which Uganda is a party or participant, where applicable; and the importer is licensed to manage the type of waste to be imported and has the facilities and capacity to safely manage the waste in accordance with these Regulations. A licence for export or import of waste shall be as prescribed in Form II set out in Schedule 12 to these Regulations and issued on payment of the fee prescribed in Schedule 6 to these Regulations. A person shall not transport hazardous waste by water within Uganda, except hazardous waste generated from islands or operations on water bodies within the territorial jurisdiction of Uganda. Waste shall only be exported out of Uganda or imported into Uganda through the customs points of entry designated in Schedule 13 to these Regulations.
Section 92
§ 93Transboundary movement of waste - Waste in transit through UgandaProvision

People transporting waste through Uganda must ensure several conditions: conformity with accompanying documents; packaging and sealing per regulations 56 and 57; evidence of consent from the destination state's Designated National Authority; notification to and consent by the Authority; compliance with Uganda's laws during transport; and the waste must not be disposed or abandoned in Uganda. They must also ensure a Schedule 14 notification accompanies the waste.

Section Waste in transit through Uganda Section A person transporting waste through Uganda shall ensure that— the waste transported conforms to the accompanying documents; the waste is packaged in containers meeting the specifications in regulations 56 and 57 , and bears a seal of the relevant lead agency for the transit period; there is evidence of consent from the Designated National Authority of the state of final destination of the waste ; the Authority has been notified about the transportation and has consented to it; the transportation within Uganda is carried out in compliance with the laws of Uganda; and the waste is not disposed of or abandoned in Uganda. A person transporting waste through Uganda shall ensure that the waste is accompanied by a notification document in the Form set out in Schedule 14 to these Regulations.
Section 93

Part XII

Environmental, health and safety measures

§ 94Environmental, health and safety measures - Personnel handling hazardous wasteProvision

Persons who generate hazardous waste and waste handlers must ensure personnel managing hazardous waste are provided with protective equipment, medical check-ups, appropriate handling equipment/facilities, secure workplace facilities (including transport), and training; they must also comply with the Occupational Safety and Health Act, 2006 and related laws.

Section Personnel handling hazardous waste Section A person who generates hazardous waste and a waste handler shall ensure that personnel involved in the management of hazardous waste are provided with— A person who generates hazardous waste and a waste handler shall comply with the Occupational Safety and Health Act , 2006, and any other applicable law relating to employee rights, health, safety and security. appropriate personal protective equipment; periodic and annual medical check-ups for exposure to hazardous substances; appropriate equipment or facilities for handling the waste ; safe and secure facilities in the workplace, including vehicles and other vessels used for transportation of hazardous waste ; and proper training, information and instructions on the management of hazardous waste .
Section 94
§ 95Environmental, health and safety measures - Control of emissions, discharges and contamination of the environmentProvision

People who generate hazardous waste and waste handlers must operate waste-management facilities and take measures to prevent emissions, discharges or other contamination injurious to health or the environment, and must comply with the National Environment (Standards for Discharges of Effluent into Water or Land) Regulations, 2020.

Section Control of emissions, discharges and contamination of the environment Section A person who generates hazardous waste and a waste handler shall operate a facility, plant, site or vessel used for management of hazardous waste in a manner that— A person who generates hazardous waste and a waste handler shall take measures to ensure that the waste management methods do not cause adverse effects to human health or the environment through emissions, discharges or other contamination. controls vermin, disease and pest infestation at the facility, plant site or vessel ; provides sufficient ventilation for enclosed facilities; prevents pollution and littering at the facility, plant, site or vessel ; and complies with any other requirements given by the Authority or applicable law. A person who generates waste and a waste handler shall, in addition to this regulation, comply with the standards specified in the National Environment (Standards for Discharges of Effluent into Water or Land) Regulations, 2020.
Section 95
§ 96Environmental, health and safety measures - Protection against exposure to noxious fumesProvision

A waste handler must ensure vapours from filling, cleaning, storage or operations at a waste management facility do not expose nearby persons to noxious fumes or offensive odour, nor exceed permissible exposure levels under the air quality standards made under the Act.

Section Protection against exposure to noxious fumes Section A waste handler shall ensure that vapours emitted during filling, cleaning or storage of waste containers, or during operations at a waste management facility do not— expose a person at the vicinity of the waste management facility to noxious fumes or offensive odour; or cause the concentration of vapours to exceed permissible levels of exposure in accordance with the air quality standards made under the Act .
Section 96
§ 97Environmental, health and safety measures - Precautionary measuresProvision

Persons who generate hazardous waste and waste handlers must install and maintain appropriate warning, hazard and safety systems and measures to prevent fires, explosions, accidental reactions, uncontrolled releases or structural damage at waste management facilities, in accordance with Schedule 15 and the Occupational Safety and Health Act, 2006.

Section Precautionary measures Section A person who generates hazardous waste and a waste handler shall, in accordance with Schedule 15 to these Regulations and the Occupational Safety and Health Act , 2006, put in place and maintain at a waste management facility — warning, hazard and safety systems appropriate to the nature of operations at the facility; and measures to prevent fire or explosions, accidental reactions of the waste with other substances, uncontrolled releases of hazardous substances or damage to the structural integrity of the waste management facility .
Section 97
§ 98Environmental, health and safety measures - Emergency preparedness and responseProvision

Persons who generate hazardous waste and waste handlers must establish and document an emergency preparedness and response system, keep records of reviews, ensure employee training, and take action during emergency situations.

Section Emergency preparedness and response Section The emergency preparedness and response plan made under subregulation (2) shall, as applicable, contain— A person who generates hazardous waste and a waste handler shall keep a record of each review carried out under subregulation (5) , including— A person who generates hazardous waste and a waste handler shall establish an emergency preparedness and response system based on an environmental risk assessment undertaken in accordance with the Act , the National Environment (Environmental and Social Assessment) Regulations, 2020, the oil spill regulations made under the Act , where applicable and any other applicable law. The emergency preparedness and response system established under subregulation (1) shall be documented in an emergency preparedness and response plan. the location of the waste management facility in sufficient detail; the site lay out; a description of the available emergency response equipment, actions and vessels; a description of the hazardous waste managed at the facility or transported; the maximum number of persons likely to be present at the facility on a normal working day; the emergency planning assumptions, including emergency measures planned for identified incidents and areas likely to be affected; the response resources available or that can be called for, to control an incident, hazard or accident; the emergency response procedures and command structures; and notification procedures. A person who generates hazardous waste and a waste handler shall ensure that employees are equipped with skills and are regularly trained and instructed on how to handle emergency situations. The emergency preparedness and response plan prepared in accordance with subregulation (2) shall be reviewed on an annual basis or such other shorter period as may be deemed necessary, to ensure that the measures put in place are effective during an emergency. the measures, systems, procedures, equipment or other factors reviewed; a description of the review methods; the date of the review of each component; the results of the review; and description and date of any corrective action. The record referred to in subregulation (6) shall be available for inspection by the Authority or other authorised officer . The person who generates hazardous waste and a waste handler shall take action when an emergency situation occurs during waste management .
Section 98
§ 99Environmental, health and safety measures - Operational shutdowns and emergenciesProvision

The waste handler must prepare a plan for proper handling of waste during operational shutdowns and emergencies; personnel in the waste management facility must be trained in emergency prevention, preparedness and response.

Section Operational shutdowns and emergencies Section The plan developed under subregulation (1) shall clearly indicate— The waste handler shall prepare a plan for proper handling of waste in the event of operational shutdowns and emergencies. the period of operational shutdown; emergency procedures; how the waste will be handled during operational shutdown or emergency; the availability of fire-fighting and other emergency equipment and personnel; and any other information for the proper shutdown and handling of emergencies. The personnel working within the waste management facility shall be trained in emergency prevention, preparedness and response. The plan prepared under subregulation (1) shall be made available to the Authority or an authorised officer upon request.
Section 99

Part XIII

Records, reports and notifications

§ 100Records, reports and notifications - Waste records and annual reportProvision

Waste handlers must keep records at the waste management facility, submit an annual report to the Authority by 31 January each year with specified contents, make records available on request, submit an environmental compliance audit report, and retain records for at least ten years; the Authority may develop an electronic tracking system.

Section Waste records and annual report Section A waste handler shall in respect of the waste handled and in accordance with these Regulations, maintain at the waste management facility — The waste handler shall, by the 31 st of January of each year, submit to the Authority an annual report in the format set out in Schedule 16, including, where applicable information on— a record of the waste handled, including a chain-of-custody transfer of waste and copies of the waste manifests; a record of the operations, including measurements and monitoring records of pollutants; and incident reports and actions taken. The record under subregulation (1) including electronic records shall be made available to the Authority or an authorised officer upon request. the type and amount of waste managed; emission and discharges from the waste management activities; health and safety data; and any other information the Authority may deem necessary. A waste handler shall submit to the Authority an environmental compliance audit report in accordance with the National Environment (Audit) Regulations, 2020. The records and documents generated under this regulation shall be kept for a minimum of ten years. The Authority may develop an electronic tracking system for the records and reports required under these Regulations.
Section 100
§ 101Records, reports and notifications - NotificationsProvision

Persons who generate waste, handle waste or act as product stewards must notify authorities promptly (within 24 hours normally; immediately for acute pollution) and must still take immediate mitigation actions.

Section Notifications Section A person who generates waste , a waste handler or product steward shall as soon as possible and in any case not later than twenty four hours, notify the Authority and relevant lead agency where— In the event of acute pollution caused by waste , a person who generates waste , a waste handler or product steward shall immediately notify the nearest police, the Authority and relevant lead agency . radioactivity has been detected in the waste ; the waste delivered does not meet the description in the waste manifest; the waste cannot be traced or has not reached its destination; and the waste has been mixed up or otherwise tampered with. The duty in subregulation (1) or (2) does not release the person who generates waste , a waste handler or product steward from the obligation to take immediate action to mitigate the damage resulting from the waste .
Section 101
§ 102Records, reports and notifications - Database of licencesProvision

The Authority must maintain a database of all licences issued under the Act and these Regulations.

Section Database of licences Section The Authority shall maintain a database of all licences issued under the Act and these Regulations. Subject to the Constitution and the Access to information Act 2005, the database maintained under subregulation (1) may be made accessible to the public upon request and payment of the prescribed fee.
Section 102
§ 103Records, reports and notifications - Inspection and monitoringProvision

The Authority or an authorised officer may conduct regular inspections and monitoring of waste management facilities to assess compliance, ascertain incident-prevention measures, or ensure reports reflect facility performance.

Section Inspection and monitoring Section The Authority or authorised officer may conduct regular inspections and monitoring of the waste management facilities to— assess compliance by the waste handler with the requirements of the Act , these Regulations, the Occupational Safety and Health Act , 2006, any other applicable law and environmental standards ; ascertain that appropriate measures are in place for avoiding and minimising the consequences of incidents or accidents arising from the waste management activity on human health and the environment; or ensure that information contained in reports sent to the Authority by the waste handler reflects the performance of the waste management facility .
Section 103

Part XIV

Offences, penalties and general provisions

§ 104Offences, penalties and general provisions - Negligent actsOffence

Dumping waste rejected by a waste handler is an offence and carries fines (and for individuals possibly imprisonment); higher fines apply to corporations and daily fines for continuing offences.

Section Negligent acts Section A person who dumps waste that is rejected by a waste handler commits an offence and is liable on conviction— in the case of an individual, to a fine not exceeding ten thousand currency points or imprisonment not exceeding two years or both; in the case of a body corporate, to a fine not exceeding fifty thousand currency points; or in the case of a continuing offence, to a fine not exceeding two thousand currency points in respect of each day or part of day on which the offence continues.
Section 104
§ 105Offences, penalties and general provisions - Offences relating to plastic carrier bags and plastic productsOffence

Importing, exporting, manufacturing, using or reusing certain plastic carrier bags or plastic products is prohibited; doing so is an offence with specified fines and possible imprisonment.

Section Offences relating to plastic carrier bags and plastic products Section A person who imports, exports, manufactures, uses or reuses plastic carrier bags or plastic products made of polymers of ethene (polythene) and propylene (polypropylene) prohibited under the Act commits an offence and is liable on conviction— in the case of an individual, to a fine not exceeding ten thousand currency points or imprisonment not exceeding five years or both; in the case of a body corporate, to a fine not exceeding fifty thousand currency points; or in the case of a continuing offence, to a fine not exceeding two thousand currency points in respect of each day or part of day on which the offence continues.
Section 105
§ 106Offences, penalties and general provisions - Administrative measuresOffence

The Authority may take a range of administrative measures including warnings, inspections, entry to premises, suspension or termination of activities posing acute risk, closure of non-compliant facilities, imposing penalties and surcharges, confiscation, cost recovery, and ordering technology or sampling.

Section Administrative measures Section Without prejudice to penalties imposed by a competent court, the Authority may— give a written warning to the waste handler ; stop and inspect any vessel used for the transportation of waste ; enter upon any premises or facility used for waste management ; order a waste handler to immediately suspend or terminate an activity where there is acute risk of harm to human health or the environment; close a waste management facility that does not comply with the requirements of a licence issued under these Regulations; impose an administrative penalty prescribed by law on a person who generates waste , a product steward or a waste handler ; impose a surcharge of five percent of the amount required to be paid which is in default for each day of default; confiscate the property or equipment; order payment of costs and expenses incurred by the Authority or authorised person in administering the measures under this regulation; order the waste handler to adopt appropriate technologies or install appropriate equipment; or order the waste handler to take samples and analyse them as the Authority may direct.
Section 106
§ 107Offences, penalties and general provisions - GuidelinesOffence

The Authority may, in collaboration with the relevant lead agency, make guidelines for waste management, including landfills, incineration of waste, and plastic waste.

Section Guidelines Section The Authority may, in collaboration with the relevant lead agency , make guidelines for waste management , including guidelines for— landfills; incineration of waste ; and plastic waste .
Section 107
§ 108Offences, penalties and general provisions - Revocation of S.I 153-2Commencement

The National Environment (Waste Management) Regulations S.I. No. 153-2 are revoked, and approvals or licences under them that were in force immediately before commencement continue to have effect from commencement as if granted under these Regulations, with time-limited licences remaining in force only for the part of their period after commencement.

Section Revocation of S.I 153-2 Section An approval made or licence given under the National Environment (Waste Management) Regulations repealed under subregulation (1) , and which is in force immediately before the commencement of these Regulations— The National Environment (Waste Management) Regulations S.I. No. 153-2 are revoked. shall have effect from the commencement of these Regulations as if granted under these Regulations; and in the case of an approval or licence for a specified period, shall remain in force, subject to these Regulations, for so much of that period as falls after the commencement of these Regulations.
Section 108

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Authority or any other person authorised to act on behalf of the Authority under the Act

    Section 2

  • Effluent into Water or Land) Regulations, 2020

    Sections 87, 95

N–S

2 instruments

  • Regulations Section These Regulations

    Section 3

  • S.I 153-2 The National Environment (Waste Management) Regulations

    Section 108

T–Z

1 instrument

  • Uganda or imported into Uganda through the customs points of entry designated in Schedule 13 to these Regulations

    Section 92

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