Best Practices for Solid Wastes Management

Regulatory Framework, Theories and Best Practices in
Effective Solid Waste Management
By
Dr.(Mrs.) Felicia Chinwe Mogo
Contact me: felichimogo@yahoo.com
LinkedIn: Felicia Chinwe Mogo
Ph.D(Ecology /Ecotoxicology),M.Sc(Ecotoxicology/Environmental Science and
Technology),PGD(Environmental Sciences and Technology) & B.sc(Botany)
Head, Oil and Gas Division, Federal Ministry of Environment
Lagos Zonal Office Surulere Lagos.
At the occasion of the two day workshop on effective solid waste management organised
by Tall and Wide Company Limited (coordinating consultants to the Lagos state
metropolitan and development governance project (LMDGP) for the officials of
LAWMA).

Background Information
• Solid waste management is a big challenge all over the world especially in developing countries where
there is little or no capacity to manage wastes. With its attendant impact on human health and
environment, the need for its effective and efficient control became apparent.
• Waste management objectives:
• The primordial objective of waste management is to improve public health as it was a response to
epidemics assumed to be related to waste disposal
• This is evident in Provost of Paris’s Ordinance of 1348 in France, UK Urban Sanitary Act of 1888, the Rivers
and Harbours Act of 1899 in the USA, and the Nigerian Public Health Act of 1917.
• Waste materials that are transferred to remote locations subsequently manifested that with time they
interact with the environmental media and indirectly affects man.
• This further necessitated protection of remote environment (from the degrading impact of waste):
extending waste management into environmental protection

The concept of Waste management
Regulation
Waste management regulatory system essentially consists of three
components:
The legal framework (the law)
Enforcement mechanism (implementation instruments &
institutions), and
Compliance mechanism (infrastructure & measures to ensure their
use)

The concept of Waste management
Regulation
• Waste Law is a social mechanism to ensure that
actions in waste management that do not
benefit the society are less convenient to
undertake.
• Statutes are laws made by the law making
organs of a Nation; it also includes their
derivatives, international agreements,
conventions and protocols ratified by the
Country.

History Of Some NATIONAL WASTE MANAGEMENT LAWs
• The origin of British waste management law has been traced back to 1388 with a Act of
• Richard II: removal of refuse on pain of forfeits, however legislators were not particularly active in
• environmental law, or in waste management law as a subsidiary of environmental law, up until the mid
19th century.
• Germany
• Up until the early 1970’s, the responsibility for waste management in Germany rested with the
• municipalities, and federal responsibility for the environment rested with the Minister of Health. The
• German Constitution prescribed broad legislative roles for the states, with the federal government to
• only legislate where explicitly provided for. The management of waste was not one of these roles.
• This arrangement became untenable in the 1970’s, and the Constitution was amended in 1972 to
• include “garbage collection” as an area of concurrent (shared with the states) legislation. Shortly
• thereafter, the federal Waste Disposal Act 1972 was introduced.
• Amongst other things, the Act required waste to be treated at large, centralised waste disposal plants,
• Netherlands
• Whilst the Nuisance Act 1875 is reported to be the first piece of Dutch legislation to deal with the
• issues arising from waste management, waste was not explicitly dealt with in legislation until the Waste
• Substances Act 1977 (WSA). The WSA was part of a broad suite of legislation developed to cover
• discrete sectors of the environment such as surface waters, air, chemical waste and noise.
• Environmental regulators soon came to recognise that sectoral environmental legislation served to
• inhibit the resolution of increasingly inter-related environmental problems.

History Of Some INTERNATIONAL WASTE MANAGEMENT LAW Cont’d.
United States of America
• The law around waste management in the US began to slowly crystallise with the litigation between the
State of New Jersey and the City of New York in the early 1930s. It wasn’t until the 1960s that the federal legislature
decided to get involved in waste management. Rather than centralising waste
planning, the federal Solid Waste Disposal Act 1965 provided for “a national research and development
program into improved methods of disposal”, and a programme of technical and financial assistance to
state and local governments. The real work was to remain with the states.
This response was further strengthened in 1970 with the Resource Recovery Act 1970, which required
an extensive investigation into resource recovery by the executive branch of government.
In a nut shell, there is limited specific action on waste management in international law, with two key sources of
international law being suggestive of the international waste management law regime: international
custom and treaties.

Inference from the review of Global
Development of Waste Management Law
• The development of waste management law has followed a number of different paths
around the world.
• There are clearly a number of reasons for this; one of the reasons considered here is the legal
system in the respective States.
• The current focus for regulatory discourse surrounding the management of municipal solid
waste is one of resource efficiency.
• This transition has varied between States. The American experience of state-based
approaches to waste legislation can be contrasted with the European supranational
legislative coordination, just as common law “bottom up” approaches can be contrasted with
civil law “top down” system

History Of Some INTERNATIONAL WASTE MANAGEMENT LAW Cont’d.
• The regulation of waste management services demands
more than that of normal commercially driven services.
• This is because of the associated human and environmental
risks: consequently, this industry is among the most
controlled sector of most national economies
• The functions of waste regulatory system include;
allocation of liabilities, roles and responsibilities amongst
different levels of government, and the other members of
the waste management chain.

Some International Instruments of Intervention
• The Basel Convention on the Control of Trans-boundary Movements of
Hazardous Wastes and Their Disposal
• The prior informed consent (PIC) procedure in the London Guidelines for
the Exchange of Information
• Bamako Convention on the Ban of the Import Into Africa and the Control
of Trans-boundary Movement and Management of Hazardous Wastes
Within Africa

Some International Instruments of Intervention
THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS(MARPOL 73/78)
• This Convention is the main international framework
covering prevention of marine pollution(MARPOL) by ships
from operational or accidental causes. It is a combination of
two treaties adopted in 1973 and 1978respectively with
series of amendments through the years.
• The objective of this Convention is to control marine
pollution and, ship and port waste management

Environmental regulation in Nigeria
• The basis of environmental policy in Nigeria is contained in the 1999
Constitution of the Federal Republic of Nigeria. Pursuant to section 20 of
the Constitution, the State is empowered to protect and improve the
environment and safeguard the water, air and land, forest and wildlife of
Nigeria. In addition to this, section 2 of the Environmental Impact
Assessment Act of 1992 (EIA Act) provides that the public or private sector
of the economy shall not undertake or embark on or authorise projects or
activities without prior consideration of the effect on the environment.
• The Federal Government of Nigeria has promulgated various laws and
Regulations to safeguard the Nigerian environment. These include:
• Federal Environmental Protection Agency Act of 1988 (FEPA Act). The
following Regulations were made pursuant to the FEPA Act:
– National Environmental Protection (Effluent Limitation) Regulations:
• National Environmental Protection (Pollution Abatement in Industries and Facilities
Generating Wastes) Regulations; and
• National Environmental Protection (Management of Solid and Hazardous
Wastes) Regulations

Environmental regulation in Nigeria
• The Harmful Substance Act is only an instrument domesticating Basel
Convention and so relates to the importation and export of Hazardous
waste in addition to illegal dumping.
• Waste management regulations S.I. 15 of 1991: This regulates the
collection, treatment and disposal of solid and hazardous waste from
municipal and industrial sources and gives the comprehensive list of
chemicals and chemical wastes by toxicity categories.
• The EIA Act and its derivatives are comprehensive in respect to
development of waste management facilities.
• Sanitation Laws of the States are more of ensuring public health.

Nigeria and Environmental regulation
• NESREA Acts made jurisdiction a complex issue as the States/Local
Govt have no specific role in environmental/waste management. In
most countries, Federal Government develops framework while the
control power (including issuance of non-mandatory guidance) is
delegated to the States (e.g. USA, Germany and Japan). In the UK,
the Counties are largely responsible.

• Harmful Wastes (Special Criminal Provisions etc.) Act of 1988.
• The Federal Ministry of Environment (FME) administers and enforces environmental laws in Nigeria. It took
over this function in 1999 from the Federal Environmental Protection Agency (FEPA), which was created
under the FEPA Act. FEPA was absorbed and its functions taken over by the FME in 1999.
• Other regulatory agencies with oversight over specific industries have also issued guidelines to regulate
the impact of such industries on the environment such as the Environmental Guidelines and Standards for
the Petroleum Industry in Nigeria (EGASPIN) 2002, published by the Department of Petroleum Resources
(DPR).
• However, pursuant to the FEPA Act, each State and local government in the country may set up its own
environmental protection body for the protection and improvement of the environment within the State.
Each State is also empowered to make laws to protect the environment within its jurisdiction. All the
States have environmental agencies and State laws; e.g. Abuja, the Federal Capital Territory has issued the
Abuja Environmental Protection Board (Solid Waste Control/Environmental Monitoring) Regulations 2005
("the Abuja Environmental Protection Board Regulations") which principally governs solid waste control in
Abuja. In Lagos State, the Lagos State Environmental Protection Agency Law, was enacted to establish the
Lagos State Environmental Protection Agency (LASEPA). The Lagos State Wastes Management Authority
(LAWMA) is responsible for solid wastes management.

• Environmental Permits
• The different pieces of legislation on the protection of the environment contain provisions for the
issuance of environmental permits. Such permits are required for all potentially environmentally
sensitive activities and are typically granted by the FME and the relevant State agencies. Specific
legislation on permits include the Radioactive Waste Management Regulations 2006 which
provides that any person generating or managing radioactive waste must apply for and obtain a
permit from the Nigerian Nuclear Regulatory Authority; the FEPA Act and the regulations made
there under.
• The National Environment Protection (Pollution Abatement in Industries and Facilities Generating
Wastes) Regulations made pursuant to the FEPA Act provide that a permit will be required:
• for storage, treatment and transportation of harmful toxic waste within Nigeria;
• where effluents with constituents beyond permissible limits will be discharged into public drains,
rivers, lakes, sea, or as an underground injection;
• when oil in any form shall be discharged into public drains, rivers, lakes, sea, or as an underground
injection; and
• for an industry or a facility with a new point source of pollution or a new process line with a new
point source. Such an industry or facility shall apply to the agency for a discharge permit.
• Some permits are industry specific; e.g. in the oil and gas industry, the Directorate of Petroleum
Resources (DPR) also regulates environment issues, and operators in the industry are required to
obtain the necessary permits.

• The Environmental Guidelines and Standards for the
Petroleum Industry in Nigeria (EGASPIN) 2002, published by
the DPR provides that the Director of Petroleum Resources
shall issue permits for all aspects of oil-related effluent
discharges from point sources (gaseous, liquid and solid),
and oil-related project development.
• Relevant state permits are also required in some cases.
• The permits are typically not transferable as they are
project specific. Where such permits are however
transferable the consent of the regulator will be required
prior to any such transfer

• Environmental regulators have wide ranging powers in the event of
violation of environmental permits and environmental laws in general. The
FEPA Act gives authorised officers of the FME and other regulators e.g.
state officers powers to:
• require to be produced, then examine and take copies of any license or
permit, certificate or document required under the Act or regulations
made there under;
• enter and search any land, building, vehicle, tent, vessel, floating craft or
any inland water;
• cause to be arrested any person whom they have reason to believe has
committed an offence against the Act or any regulations made there
under; and
• seize any item or substance which they have reason to believe has been
used in the commission of such offence or in respect of which the offence
has been committed.

• The laws allow the storage or disposal of waste on site subject to
the issuance of relevant permits. Regulation 10 of the National
Environment Protection (Pollution Abatement in Industries and
Facilities Generating Wastes) Regulations made pursuant to the
FEPA Act provides that no person shall engage in the storage,
treatment or transportation of harmful toxic waste without a
permit issued by FEPA. Where harmful toxic waste is produced on-
site, it may only be stored or disposed on-site where a permit has
been issued to the producer of such waste.
• Where it is environmentally safe to so do, solid waste may be stored
or disposed of on-site, subject to the issuance of the requisite
permit - Regulation 16 of the National Environment Protection
(Pollution Abatement in Industries and Facilities Generating Wastes)
Regulations.

• The FEPA Act provides that the collection, treatment,
transportation and final disposal of waste shall be the
responsibility of the industry or facility generating the
waste.
• Regulation 11 of the National Environment Protection
(Pollution Abatement in Industries and Facilities
Generating Wastes) Regulations provides that the
collection, treatment, transportation and final disposal
of waste shall be the responsibility of the industry or
facility generating the waste. The ultimate
responsibility lies with the producer, as under Nigerian
law, the "polluter pays" principle applies.

Some International Instruments of
Intervention
• MARPOL Annex III includes regulations for the prevention of pollution by harmful substances in
packaged form and includes general requirements for the issuing of detailed standards on packing,
marking, labelling, documentation, storage, quantity limitations, exceptions and notifications for
preventing pollution by harmful substances
• Annex IV contains a set of regulations regarding the discharge of sewage into the sea, ships'
equipment and systems for the control of sewage discharge, the provision of facilities at ports and
terminals for the reception of sewage, and requirements for survey and certification. It also
includes a model International Sewage Pollution Prevention Certificate to be issued by national
shipping administrations to ships under their jurisdiction.
• Annex V deals with different types of garbage and specifies keeping of Garbage Record Book and
also specifies the distances from land and the manner in which garbage may be disposed of. The
Annex imposes a complete ban on the dumping into the sea of all forms of plastic.

Key areas in achieving better practices for solid waste
management
• Public and private sector actors in solid waste management.
• Concept behind effective public private partnership.
• Itinerant/stationary waste buyers
• Small-scale/large scale recycling industries
• CBOs and NGOs
• Micro-enterprises
• Sociological/Economic/management theories

Overview of some Best practices for Solid Waste Management
• Partnerships for solid waste management in developing countries: linking theories to
realities
• Both public and private sectors are active in management of solid waste in some developing
countries. There is an emerging trend in encouraging the private sector to enter into solid
waste management (SWM) operations, and attempts are being made to formally link the
public and private sector operators. Such linkages may improve the efficiency of the entire
sector and create new opportunities for employment. Two pertinent sociological theories,
functionalism and general systems, view institutions as composed of interdependent parts
that must adapt to survive in a changing world.

Over view of some Theories and Best practices for Solid Waste Management
• The economic theory of property rights assigns rights of ownership as the reason
for the private sector to excel.
• Economists also argue that hybrid organisations composed of both public and
private sector hold a great deal of promise. These hybrid sector organisations
provide a means to combine the efficiency and expertise of the business world
with public interest, accountability and broader planning of government. These
new organisations are important as alternatives, not replacing the existing order,
but balancing the roles played by the public and private sector agencies.
• The competition theory of management science may be adapted to the concept
of complementation in place of the traditional view of competition. This theory
explores the values of co-operation among organisations to best exploit the
comparative advantage of each.
• Poorly designed attempts for partnership may actually worsen the situation by
opening new avenues of inefficiency and corruption instead of harnessing optimal
benefits from the arrangement Other caveats and barriers for integration are also
presented. Partnerships will not be effective and sustainable unless proper
incentives for both sectors are built into the design.

Overview of some Theories and Best practices for Solid Waste
Management
• WEIGHT VS. VOLUME
Classifying garbage by weight for anything from funding to handling efficiencies
can lead to serious misconceptions. For example, the recycling program in
Nanaimo was originally ‘sold’ on the basis of tonnage values. More tonnage was
equated with better performance. When the province established the glass bottle
refund program, the numbers being used to evaluate the program suddenly
plummeted, which was construed by some to mean a diminishing or failing
program - when all it meant was people were taking their own bottles back.
Recycling was just as if not more successful.

• LANDFILL BANS
These are essential for an orderly wind down
of resource and landfill waste. Basically, when
there is a better practice or recycling option
for a certain waste, it is no longer accepted at
the landfill. This reduces the landfill burden
and at the same time encourages use of the
'new' system. It's the right thing to do.

• LANDFILL FUTURE
Fifteen years ago 50% of landfill garbage was cardboard
and paper. Now, there is relatively little. If we take all the
wet slop out, the next major landfill gain would be diverting
plastic which is 90% by volume and only 17% by weight.
Unfortunately, there is no cost effective means for recycling
allot or our plastics because they are such a chemical and
process mix. (Did you realise PVC is 70% chlorine and not
compatible with other plastics such as HDPE?).
• METHANE
It's best to avoid putting methane producing materials in
the landfill in the first place. Composting them is better.

Recommendation for Africa and
Nigeria
• Recommendations for the Africa Region
• To improve the disposal of solid waste in Africa and maximize resources, projects that aim to landfill
waste should
focus on the following:
• 1. Local conditions. The first steps in the gradual process of upgrading to sanitary landfills may
include
• guidance on technical issues and proper siting of new waste disposal sites. Projects should adjust
• landfill design and operation to local conditions (both geographical and economic). A controlled
• landfill approach, without compromising public health and environmental impacts, may be an
interim
• step.
• 2. Realistic objectives. The adjusted approach may require accepting relaxed standards for daily
• covering of waste. This landfill approach may imply accepting partial collection and treatment of
• leachate and partial controlled release for attenuation, dilution, and dispersion

Civic Attitude that the Paper invites
• Buy what you need and use what you buy.
• Remember that the garbage system has to be run as a
business.
• Learn how to recycle yard waste
• Sort waste generated at home, office etc.

Conclusion
• The reforms of the present government and the
dictates of the global business environment secure the
economy of the 21st century Nigeria in the hands of
private sector. This is not only in the productive sectors
but includes the waste management industry. Sequel
to this, the economy of the 21st century Nigeria shall be
based on open-market driven cost recovery system,
cost effectiveness and efficient service delivery. The
implications of this in the waste management industry
are competitiveness, accountability, and separation of
service provision and delivery.

Conclusion
• In developing strategies to engender the above industry qualities, it must
be understood that waste management services is the forth public utilities
because of the latent ‘public goods” content and is incapable of absolute
alienation from government. This means government implicit participation
in the industry (either in moderation of cost recovery mechanism,
implementing public enlightenment, enforcing and developing standards)
is fundamental. Vertical partnership (amongst all tiers of governments) for
political commitment, strategic planning, coherent framework and shot-
circuiting of unpopular political decisions is an ingredient of this
participation. Also Horizontal partnership between public and private
sector (for easy public acceptance of facilities, progressive and long-term
cost-recovery programme, shared risks, and commercial drive and for
efficiency) is a necessary requirement for speedy industry growth.
• These strategic requirements of the industry are meant to create a shift
from no control to controlled situation, a shift from process to product, a
shift from public conception of service as public goods to private goods
and

Conclusion
• These strategic requirements of the industry are meant to create a shift from no control to
controlled situation, a shift from process to product, a shift from public conception of service as
public goods to private goods and
• above all development of technical capacity and integration of waste management into national
development plan. Practically, this can be initiated by the National Assembly with a Bill of the
following content:
• • Provision of a more functional, transparent and effective institutional arrangement (defining roles
of Federal, States and Local governments including streamlining of the multiple Agencies charged
with the responsibilities of Waste Management)
• • Establishment of instruments for waste information system management and coordination
• • Institutionalizing best practices and high environmental standards, including occupational safety
and,
• • To put measures in place for continuous performance improvement in waste management
through the culture of professionalism

Acknowledgement
• Thanks are due to the following:
• Management of Tall and Wide Company
Limited.
• Multiple Development services
• Lagos State
• And you for your kind attention

Best Practices for Solid Wastes Management

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