(2023.06.14-ний өдрийн орчуулга)                                            Unofficial translation

LAW OF MONGOLIA

May 12, 2017             Ulaanbaatar city

ON WASTE

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law 

1.1.The purpose of this Law is to regulate relations concerning reduction, sorting, collection, transportation, storage, re-use, recycling, recovery, disposal and export of waste, and prohibition of hazardous waste import and cross-border transportation with the aim of reducing and preventing adverse impacts of waste on human health and the environment, putting waste into economic turnover, saving natural resource and wealth, and raising public awareness of waste. 

Article 2.Legislation on Waste

2.1.The legislation on Waste shall consist of the Constitution of Mongolia, Law on Environmental Protection, Law on Environmental Impact Assessment, Law on Hazardous and Toxic Chemicals, Law on Air Pollution Fees, Law on Air, Law on Water Pollution Fees, Law on Water, Law on Hygiene, and Law on Operation of Water and Sewerage Facilities in Urban and Settlement Areas, this Law and other legislative acts adopted in accordance therewith.

2.2.If an international treaty, to which Mongolia is a party, provides otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Scope of the application of the Law

3.1.This Law shall govern relationships concerning the following types of waste:

3.1.1.general/common solid waste;

3.1.2.hazardous waste, which are in gaseous, liquid or solid state, other than radioactive waste. 

Article 4.Definitions of terms of the Law

4.1.For the purposes hereof, the following terms shall have the following meanings:

4.1.1."waste" means items or materials that are no longer used by owner;

4.1.2."hazardous waste" means explosive, flammable, actively reactive, acidic, toxic gas emitting when in contact with air or water, infectious, caustic/corrosive  waste materials having short- and long-term harmful effects to humans and animals, and adverse environmental impacts, and generating hazardous emissions after its disposal;

4.1.3."general/common waste" means any waste other than hazardous waste;

4.1.4."domestic waste" means common waste generated by households;

4.1.5."bulky waste" means waste of a volume above 0.75 m3;

4.1.6."property of public ownership" means a yard, fence, lighting, sign pole, statue, road facility and/or green area located at public area;

4.1.7."waste sorting" means waste separation and classification for further re-use, recovery, recycling, incineration, disposal or landfilling;

4.1.8."waste collection" means collection of waste from sources for further re-use, recovery, recycling, incineration, disposal and landfilling;

4.1.9."waste storage" means packing and locating waste avoiding adverse impacts to the environment, humans, and animals;

4.1.10."waste re-use" means re-use of waste for its original purpose;

4.1.11."waste recovery" means use of waste, through conversion into its original form/state by means of waste-to-energy, or refining/distillation, treatment or recovery technology;

4.1.12."waste recycling" means production of a new product out of a waste;

4.1.13."waste incineration" means combustion and decomposition of waste in a designated incineration facility;

4.1.14."waste landfilling" means the process of burying and storing waste under the ground;

4.1.15."biological processing" means elimination and detoxification of pollutants with the use of microorganisms;

4.1.16."chemicophysical processing" means dual application of chemical and physical processing methods;

4.1.17."chemical processing" means detoxification of pollutants with the use of chemical substances;

4.1.18."physical processing" means treatment of pollutants by means of filtration, settling, absorption, refining/distillation etc.;

4.1.19."disinfection" means elimination of infectious microorganisms with the use of chemical and physical methods;

4.1.20."waste disposal" means landfilling, biological or chemical or physical processing, incineration, disinfection or packing of waste to prevent adverse impacts of waste on human health and the environment;

4.1.21."designated incineration facility" means a facility with controlled incineration process at high temperature;

4.1.22."a landfill"  means a site/facility for landfill disposal and storage of waste avoiding adverse impact to the environment;

4.1.23."centralized waste dumpsite" means a designated area for waste dumping/accumulation and landfilling;  

4.1.24."hazardous waste bill of lading/waybill" means a transport document filled out, signed and approved in accordance with the established procedure; 

4.1.25."waste norms" is the established volume of waste to be generated from each production, service or an individual;

4.1.26."waste source reduction" means the import or use of minimum waste generating, efficient and long-lasting products or manufacturing of products with low- or non-waste technology;

4.1.27."recyclable source" means reusable, recyclable and recoverable types of waste;

4.1.28."awareness raising on waste" means the level of formal and informal training content/curriculum designed for raising public awareness and habituate proper practices on adverse impacts of waste on human health and the environment, waste management methods and technologies, and proper waste handling methods;

4.1.29."product lifecycle" means the timeframe from date of production till date of disposal of a product or material;

4.1.30."product lifecycle chart" means word or graphic illustrations of each stage of the product lifecycle;

4.1.31."waste service fee" is the tax rate attributable to the portion of costs required in waste collection, transportation and landfilling;

4.1.32."hazardous waste service cost" means the monetary amount of costs required in collection, transportation, recycling, storage and disposal of hazardous waste;

4.1.33."open waste burning" means combustion of waste in an open air in non-designated facilities;

4.1.34."the most appropriate technology" means the most efficient and economically and technologically feasible method, technique and technology, to prevent and reduce adverse impacts of waste on the environment; 

4.1.35."the most appropriate environmentally friendly operations" means the most optimal dual application of environmental policies and monitoring activities;

4.1.36."motor vehicle waste" means waste generated during maintenance and operation of vehicles, and during its dismantling process;

4.1.37."construction waste" means waste generated in the process of (i) building foundation/bases preparation, construction, repair and demolishment of buildings, (ii) auto road construction and maintenance, (iii) establishment, repair and replacement of sidewalks and green areas, and engineering pipe networks, and (iv) construction materials trade and production;

4.1.38."hazardous waste generator" means business entities and organizations generating hazardous waste from their productions and operations;

4.1.39."hazardous waste recipient/receiver" means an entity engaged in storage, recycling/treatment and disposal of hazardous waste;  

4.1.40."hazardous waste transporter" means an entity engaged in transportation and delivery of hazardous waste from hazardous waster generator and/or owner to the recipient;

4.1.41."hazardous waste handler" means an employee who coordinates hazardous waste related activities during normal operations, as well as, in emergency cases;  

4.1.42."incompatible waste" means hazardous waste material that erodes its container, or, when mixed with other types of waste generates heat, increases pressure, causes fire or explosive hazards, intensively subjects to intense reaction, and/or emits toxic dust, smoke, fog/mist, gas and combustible gas or vapor;   

4.1.43."product with hazardous components" means an item that is safe when intact, but when dismantled some parts are of hazardous;

4.1.44."emergency response plan" means a document which plans and describes management, enforcement and regulatory measures for response actions in case of fire hazards or spill, leak or loss or explosion of hazardous waste, harmful to health and the environment;

4.1.45."Emergency Coordinator" means an employee to implement and manage emergency response plan;

4.1.46."hazardous waste spill/leak/release" means spill or leakage of hazardous waste into soil or water, or intentional act of disposing, spilling, supplying, pumping or emitting hazardous waste into soil or water in emergency cases;   

4.1.47."full/final closure" means termination and closure of the operation of hazardous waste storage, recycling and disposal facility, disabling its functionality under applicable requirements;

4.1.48."partial closure" is closure of partial operation of  hazardous waste storage, recycling/treatment and disposal facility under applicable requirements, while continuing operation in some parts; 

4.1.49."partial landfilling" means partial closure through insulation of hazardous waste with lining materials;

4.1.50."landfill cell" means a volume of a portion of partial landfill;

4.1.51."seepage" means the liquid released from hazardous waste;

4.1.52."free liquid" means liquid separable from solid part of waste under normal pressure or temperature;

4.1.53."synthetic material" means organic polymeric materials such as plastic, rubber etc.  

Article 5.Right to own a Waste

5.1.Waste generator has a right to own it.

5.2.Right to waste ownership may be transferred to others under agreement.

5.3.Right to waste ownership shall expire by placing waste in a designated waste dumpsite. 

5.4.A right to waste ownership shall expire at the moment of the ownership assignment pursuant to paragraphs 5.2 and 5.3 of this Law, and the right to waste ownership shall be accrued for individuals, business entities, and organizations engaged in waste collection, sorting, transportation, storage, recovery, recycling, incineration, disposal and landfilling.

5.5.If a hazardous waste owner transfers its ownership right to others, the owner shall inform of it to the state central administrative body in charge of environmental matters, and get registered at the state registry of hazardous waste.

CHAPTER TWO
POWERS OF THE STATE AND LOCAL SELF-GOVERNING BODIES, AND RIGHTS AND OBLIGATIONS OF CITIZENS, BUSINESS ENTITIES AND ORGANIZATIONS

Article 6.Powers of the State Great Khural

6.1.The State Great Khural shall exercise the following powers concerning waste,  including:

6.1.1.to oversee the Government's ongoing actions towards implementation of waste legislation;

6.1.2.to approve and control expenditure of budget required in implementation of the law on waste as submitted by the Government; 

6.1.3.other powers stated in legislation.

Article 7.Power of the Government 

7.1.The Government shall exercise the following power concerning waste, including:

7.1.1.to adopt a national program on waste management improvement;

/This sub-paragraph was invalidated by the law as of December 17, 2021/

7.1.2.to adopt a procedure for temporary storage, collection, transportation, recycling/treatment and disposal of hazardous waste and a procedure for registration  and reporting of hazardous waste; 

7.1.3.to approve hazardous waste list;

7.1.4.to approve a list of some types of wastes of prohibited or restricted importing; 

7.1.5.other powers stated in legislation.

Article 8.Powers of the State Central Administrative Body

8.1.The state central administrative body in charge of environmental matters shall exercise the following powers, including:

8.1.1.to ensure implementation of state policies on waste management;

8.1.2.to adopt and ensure implementation of an action plan for realization of the national program on waste management improvement;

8.1.3.to adopt a procedure for the state integrated database structure, composition and data collection;

8.1.4.to issue permits specified in sub-paragraph 1.5 of Article 8.1 of the Law on Permits to business entities and organizations;

/This sub-paragraph was amended by the law as of January 6, 2023/

8.1.5.to adopt requirements and procedures for granting licenses for operations set out in sub-paragraph 8.1.4 of this Law;

/This sub-paragraph was invalidated by the law as of January 6, 2023/

8.1.6.to adopt the codified list and degrees of hazard of wastes at sources of generation;

8.1.7 to approve the forms for:

8.1.7.а.hazardous waste bill of lading/waybill;

8.1.7.b.registration of hazardous waste generators and entities engaged in hazardous waste transportation, collection, recycling, disposal and export;

8.1.7.c.registration of entities engaged in general/common waste collection, transportation, recycling, recovery, disposal and landfill;

8.1.7.d.report on hazardous waste transportation, collection, storage, recycling and disposal;

8.1.7.e.report on general/common waste collection, transportation, recycling, recovery, incineration, disposal and landfill;

8.1.8.to adopt the common requirements for general/common waste sorting, collection, transportation, recycling/treatment, recovery, disposal and landfill;

8.1.9.to register the following individuals, business entities and organizations:

8.1.9.а.hazardous waste generators and entities to engage in transportation, collection, recycling and disposal;

8.1.9.b.entities to engage in general/common waste treatment, collection, transportation, recycling, recovery, disposal and landfill;

8.1.10.to adopt a methodology for establishment of general/common waste norms;

8.1.11.to approve methodological guidelines for centralized dumpsite establishment, management and closure;

8.1.12.to adopt a composition and charter of a Professional Council on Waste;

8.1.13.to get approval from a competent authority for a standard on marking and labeling of products made out of recyclable raw materials and recyclable sources; 

8.1.14.to adopt jointly with the state central administrative body in charge of budget matters a list of products, where the producers or importers shall be responsible for wastes generated;

8.1.15.within the scope of implementation of waste management, to plan projects to be implemented by public-private partnerships, to make project proposals, to ensure the implementation of public-private partnership agreements, and to oversee it.

/This sub-paragraph was added by the law as of December 9, 2022 and it shall entry into force on December 31, 2023/

8.2.The state central administrative body in charge of road, transport, construction, and urban development matters shall exercise the following powers concerning waste, including:  

8.2.1.to adopt and monitor implementation of a procedure for motor vehicle and construction waste cleanup, collection, sorting, transportation, recycling, recovery, disposal and landfilling;

8.2.2.to establish a norm for construction waste according to the methodology stated in sub-paragraph 8.1.10 of this Law;

8.2.3.to provide with professional and technical/methodological guidelines and financial assistance for construction waste re-use, recycling, recovery, disposal and landfill;

8.2.4.to monitor waste cleanup, collection and transportation activities at international, national and local highways, road facilities, and railroad strips.

8.3.The state central administrative body in charge of health matters shall exercise the following powers concerning waste, including:  

8.3.1.to be in charge of and monitor the waste management activities of subordinating units and organizations, provide with professional and methodological guidance and financial assistance;

8.3.2.to adopt and monitor implementation of a procedure, methodology and instruction for sorting, collection, transportation, recycling, recovery and disposal of hazardous waste generated from health-care organizations;

8.3.3.to approve a service charge calculation method for hazardous waste generated by health-care organizations;

8.3.4.to adopt a norm for health-care organizations' waste according to methodology set out in sub-paragraph 8.1.10 of this Law;

8.3.5.to provide with professional and methodological guidelines and financial assistances for sorting, collection, transportation, recycling, recovery and disposal of hazardous waste of health-care organizations.

8.4.The state central administrative body in charge of education and science matters shall exercise the following powers concerning waste, including:

8.4.1.to exercise powers set out in sub-paragraph  8.3.1. of this Law;

8.4.2.to incorporate public awareness raising contents in curriculums of pre-school, elementary, secondary, vocational and higher education institutions;

/This sub-paragraph was invalidated by the law as of July 7, 2023/

8.4.3.to establish norms for general/common waste in accordance with methodology set out in sub-paragraph 8.1.10 of this Law;

8.4.4.to study methods and technologies to determine, cleanup, prevent, recycle, recover and dispose waste resultant pollution and develop guidelines on advanced technologies and methodologies.

8.5.The state central administrative body in charge of defense matters shall exercise the following powers concerning waste, including:

8.5.1.to approve and monitor implementation of a procedures for collection, transportation, recovery and disposal of firearms, bullets, fire facilities, explosive and toxic chemical substances, and their residuals emerged at subordinate units or organizations, or those left out in a facility/area used for military purposes;

8.5.2.to submit waste reports to the state central administrative body in charge of environmental matters within the specified period according to the procedure stated in sub-paragraph 8.1.3 of this Law.

8.6.The state central administrative body in charge of mining matters shall exercise the following powers concerning waste, including:

8.6.1.to control waste generated from mining and processing, and provide with professional and methodological coordination;

8.6.2.to approve and monitor implementation of a procedure for sorting, collection, transportation, recycling, recovery and disposal of wastes generated from mining and processing;

8.6.3.to submit reports about waste generated from mining and processing to the state central administrative body in charge of environmental matters within specified period as per procedure in sub-paragraph 8.1.3 of this Law.

8.7.The state central administrative body in charge of budget matters shall exercise the following powers concerning waste, including:

8.7.1.to approve and ensure implementation of a waste service fee calculation method jointly with the state central administrative body in charge of environmental matters;

8.7.2.to approve a unit tariff calculation method for general/common waste cleanup, collection, transportation and landfilling jointly with the state central administrative body in charge of environmental matters; 

8.7.3.to develop a policy to support waste collection, transportation, recycling, recovery and disposal.

8.8.The state central administrative body in charge of energy matters and Energy Regulatory Commission shall exercise the following powers concerning waste, including:

8.8.1.to control waste generated from energy production, transmission and distribution, and provide with technical and methodological guidelines;

8.8.2.to control a price computation of energy produced from waste recovery, and approve the relevant tariff.

Article 9.Powers of Aimag, Soum, Capital City and District Citizens' Representative Khurals, and their Governors

/The title of the article was amended by the law as of April 22, 2022/

9.1.Aimag and capital city citizens' representative khurals shall exercise the following powers concerning waste, including:

9.1.1.to control the implementation of waste legislation within the respective territory;

9.1.2.to approve and monitor implementation of a local program on waste management improvement;

9.1.3.to approve and ensure compliance of a procedure on general/common waste cleanup, sorting, collection, transportation, recycling, recovery, disposal and landfill;

9.1.4.to establish a unit tariff rate for waste cleanup and disposal in public area in accordance with sub-paragraph 8.7.2 of this Law; 

9.1.5.to adopt a procedure for granting incentives as set out in paragraph 40.4 of this Law.

9.2.Soum and district citizens' representative khurals shall exercise the following powers concerning waste, in addition to the powers stated in sub-paragraph 9.1.1. of this Law, including: 

9.2.1.to approve a unit tariff rate for general/common waste collection and transportation in accordance with sub-paragraph 8.7.2 of this Law;

9.2.2.to establish a waste service fee rate for compliance within the respective territory in accordance with sub-paragraph 8.7.1 of this Law.

9.3.Aimag or the capital city Governors shall exercise the following powers concerning waste, including:

9.3.1.to ensure the implementation of state policies on waste in their respective territories;

9.3.2.to issue permits specified in the sub-paragraph 1.22 of Article 8.1 of the Law on Permits;  

/This sub-paragraph was amended by the law as of January 6, 2023/

9.3.3.to issue a permit specified in sub-paragraph 9.3.2 of this Law in accordance with the procedure stated in the Law on Permits;

/This sub-paragraph was amended by the law as of January 6, 2023/

9.3.4.to ensure the implementation of local program on waste management improvement;

9.3.5.to submit waste report to the state central administrative body in charge of environmental matters within the specified period as per sub-paragraph 8.1.3 of this Law;

9.3.6.to arrange inspection activities to monitor the implementation of legislation on waste in the respective territories;

9.3.7.to monitor the hazardous waste temporary storage, collection, transportation, storage, recycling and disposal within the respective territories;

9.3.8.to select and contract with the business entities and organizations to engage in waste recovery, recycling, landfilling, and disposal facilities, which are established at state or local budget and/or international loans and aids, in conformity with the Law of Mongolia on Procurement of Goods and Services with State and Local Funds;

9.3.9.to arrange and provide financial support towards waste sorting, recyclable source collection, re-use, recycling and recovery to put waste into economic turnover;

9.3.10.to take measures for spread termination and minimum adverse impacts of waste in cases of actual or potential damages of waste to human health or the environment;

9.3.11.to undertake necessary measures and resolve necessary funding to systematically reduce the number of pit latrines throughout the respective territories;  

9.3.12.to approve a procedure for hiring at monetary incentives public inspectors in charge of waste matters;

9.3.13.within the scope of the implementation of the waste management, to plan project to be implemented by public-private partnership, to make project proposals, ensure the implementation of the public-private partnership agreement and monitor them;

/This sub-paragraph was added by the law as of December 9, 2022 and it shall entry into force on December 31, 2023/

9.3.14.other powers stated in legislation.

/The numbering of this sub-paragraph was amended by the law as of December 9, 2022 and it shall entry into force on December 31, 2023/

9.4.Soum and District Governors shall exercise the following powers concerning waste, including:

9.4.1.to ensure implementation of legislation on waste within the respective territories;

9.4.2.to select and contract with citizens, business entities and organizations to engage in general waste cleanup, collection and transportation in accordance with Law of Mongolia on Procurement Goods and Services with State and Local Funds;

9.4.3.to arrange waste cleanup, collection and transportation along international, national, and local road facilities and highways located in the respective territories in accordance with sub-paragraph 9.4.2 of this Law;

9.4.4.to disburse the revenues collected from waste service fee as per paragraph 41.9 of this Law;  

9.4.5.to ensure waste cleanup in public areas;

9.4.6.to arrange, support and assist in trainings and promotional activities to raise public awareness about waste as per paragraphs 42.3 and 42.4 of this Law;

9.4.7.to employ public inspectors in charge of monitoring the implementation of waste legislation;

9.4.8.to control waste service fee payment status by citizens, business entities and organizations;

9.4.9.to render support to improvement of waste service fee collection;

9.4.10.to render support to operations by civil groups as set out in sub-paragraph 9.5.7 of this Law;

9.4.11.to place trash bins in sufficient amount in public areas;

9.4.12.to determine borders of up to 50 m public area attributable to each business entity and organization in the area for regular waste cleanup, snow clearing and de-icing;

9.4.13.to exercise powers stated in sub-paragraph 9.3.11 of this Law;

9.4.14.to reflect in an annual budget, get approval and monitor expenditure of the incentives for public inspectors for waste to work under the procedure stated in sub-paragraph 9.3.12 of this Law;

9.5.Bag or Khoroo Governors shall exercise the following powers concerning waste, including:

9.5.1.to implement waste legislation within the respective territory;

9.5.2.to involve citizens, business entities and organizations in waste cleaning;

9.5.3.to control payment status of waste service fee by citizens, business entities and organizations;

9.5.4.to support improved waste service fee collection status;

9.5.5.to control waste cleanup, sorting, collection and transportation;

9.5.6.to involve citizens, business entities and organizations in activities directed to raise public awareness on waste;

9.5.7.to establish informal groups of citizens responsible for initiating and organizing activities to reduce and put waste into economic turnover.

Article 10.Rights and Obligations of Citizens, Business entities and Organizations

10.1.Citizens, business entities and organizations shall exercise the following rights, including:

10.1.1.to inform/communicate about waste legislation offenders to the respective state and local administrative bodies, and demand competent authorities and officials to subject law offenders to liabilities;

10.1.2.to obtain waste related methodological assistance and consultation from professional bodies.

10.2.Citizens, business entities and organizations shall have the following obligations concerning waste, including:

10.2.1.to sort general/common waste as per procedure set out in sub-paragraph 9.1.3 of this Law;

10.2.2.to use trash bins corresponding to requirements stated in Article 15 of this Law;

10.2.3.business entities and organizations shall enter into agreement on waste transportation service with citizens, business entities and organizations licensed to waste collection and transportation;  

10.2.4.to dispose waste in specially designated trash bins or dumpsites, or transfer to an organization licensed to waste collection and transportation;

10.2.5.to hand over the generated hazardous waste to a licensed organization (competent authority) or specially designated dumpsite; 

10.2.6.to participate in public cleaning activities in their communities and other events organized by civic groups; 

10.2.7.to pay waste service fee within the specified period;

10.2.8.to set waste reduction, sorting, re-use and proper disposal habits; 

10.2.9.to avoid from placing advertisement, that may later serve as waste, on the walls, fences and low fences outside of the public buildings and facilities;

10.2.10.to clean waste, de-ice and remove snow on public areas indicated in sub-paragraph 9.4.12 of this Law;

10.2.11.to transfer waste generated from building construction, demolition and maintenance to citizens, business entities and organizations licensed to collect, transport, recycle, dispose and landfill such waste, and be responsible for paying the service fees;

10.2.12.to attend waste trainings and raise awareness;

10.2.13.to  reduce adverse impacts of waste on human health and the environment by introducing the most appropriate technologies and environmentally friendly methods;

10.2.14.to ensure compliance with waste legislation and relevant standard requirements;

10.2.15.to inform the relevant level Governor as well as emergency, police and health organizations in cases of actual or potential damages of waste to human health or the environment;

10.2.16.business entities and organizations shall raise awareness of and set habits among its employees through training sessions on waste management;

10.2.17.to employ a unit or a staff for transferring waste to an organization licenced to sort, collect, transport, recycle, recover, incinerate and dispose waste, entering into and monitoring implementation of an agreement associated with the above operations, and for the organization's indoor and outdoor cleaning;

10.2.18.business entities and organizations shall take necessary measures and ensure safety for minimum adverse impacts of waste on human health and the environment.

10.3.Citizens, business entities and organizations shall be prohibitied to conduct the following activities associated with waste:

10.3.1.disposal of waste in infrastructure pipelines;

10.3.2.disposal of waste in public areas, green areas, flood protection dams and drainage channels;

10.3.3.burning/combustion of waste in nature (open air);

10.3.4.burning/combustion of waste containing synthetic materials in Ger furnaces/stoves and low pressure boiler stoves;

10.3.5.disposal of waste in places other than trash bins or designated dumpsites;

10.3.6.business entities and organizations shall be prohibited to construct pit latrines causing soil contamination;

10.3.7.placement of advertisements or religious and ceremonial items on public use properties thereby generating waste.  

CHAPTER THREE
WASTE DATABASE, PROFESSIONAL COUNCIL, MONITORING

Article 11.Integrated Database

11.1.The state central administrative body in charge of environmental matters shall maintain an integrated database on waste, and aimag, soum, capital city and districts shall have waste sub-databases, respectively.

/This paragraph was amended by the law as of April 22, 2022/

11.2.The state central administrative body in charge of environmental matters shall issue a registration number to and register in the integrated database the citizens, business entities and organizations engaged in waste collection, transportation, storage, recycling, recovery, disposal and landfill.  

11.3.Citizens, business entities and organizations engaged in waste collection, transportation, storage, recycling, recovery, disposal and landfill shall submit  general/common waste reports prepared in accordance with the approved template to soum and district administrations, and hazardous waste report to aimag and capital city authorities within the specified period.

11.4.Soum and district administration shall submit a general/common waste report to the aimag and capital city authorities, and aimag and capital city authorities to state central administrative body in charge of environmental matters within specified period.

11.5.The database operations shall be regulated by the procedure set out in sub-paragraph 8.1.3 of this Law.

Article 12.Professional Council of Waste

12.1.A temporary professional council, stated in sub-paragraph 8.1.12 of this Law, shall operate under the state central administrative body in charge of environmental matters, and have the following obligations:  

12.1.1.to draw opinions and recommendations for waste legislation enhancement and waste management improvement; 

12.1.2.to draw conclusions and recommendations associated with permits set out in sub-paragraph 8.1.4 of this Law.

Article 13.Monitoring Waste Related Activities

13.1.The state central administrative body in charge of environmental matters, competent  authority authorized to conduct inspection, all levels of governors, police, public inspectors in charge of waste and authorized officials in accordance with legislation shall monitor the implementation of legislation on waste.

/This paragraph was amended by the law as of November 11, 2022/

13.2.Non-governmental organizations, civic groups and citizens shall exercise public monitoring over the implementation of legislation on waste.

13.3.Management/administration of business entities and organizations shall take control over the implementation of legislation on waste.

CHAPTER FOUR
GENERAL/COMMON WASTE CLEANUP, COLLECTION, TRANSPORTATION, RECOVERY, RE-USE, RECYCLING, DISPOSAL AND LANDFILL

Article 14.General/Common Waste Cleanup, Collection and Transportation

14.1.Citizens, businesses entities and organizations engaged in general waste cleanup, collection, and transport activities should be registered, and obtain registration number as stated in clause 8.1.9 b of this Law.

14.2.General/common waste cleanup, collection and transportation activities shall be conducted by citizens, business entities and organizations that entered into agreements with the soum or district Governors.

14.3.Citizens, business entities and organizations not entered into agreement as set out in paragraph 14.2 of this Law shall be prohibited to run the aforementioned operations.

14.4.Waste collection and transportation routes and schedules shall be defined by citizens, business entities and organizations stated in paragraph 14.2 of this Law, and enforced upon approval by the respective soum and district Governor.

14.5.Waste shall be collected and transported in accordance with schedule stated in paragraph 14.4 of this Law, and handed over to an organization licensed to recover, re-use, recycle, dispose and landfill waste.

14.6.Common/general waste shall be transported by designated and windtight vehicle corresponding with safety requirements.

14.7.Operator (driver) and loader of general/common waste transportation vehicle shall attend in proper trainings, and comply with safety requirements.  

14.8.Citizens, business entities and organizations mentioned in paragraph 14.2 of this Law shall undertake measures to prevent from dropping, spilling or blowing down waste in the process of waste cleanup, collection and transportation. 

Article 15.Requirements for Trash Bins

15.1.Trash bins to be placed in public areas should meet the following requirements:

15.1.1.to correspond with waste sorting, loading and collection technologies;

15.1.2.to be made of fire-resistant material; and

15.1.3.to ensure no wind-blown litter spreads, rainfall/precipitation water accumulation and leakage.

Article 16.General/Common Waste Recovery, Recycling, Disposal and Landfilling  

16.1.Citizens, business entities and organizations engaged in general waste recovery, recycling, disposal and landfill shall get registered and obtain registration number as per clause 8.1.9 b of this Law.  

16.2.Entities engaged in general/common waste recovery, re-use, recycling, disposal and landfilling shall develop and obtain the management's approval on an action plan to monitor their operations.

16.3.Emergency response plan shall be developed and approved by the organization's management and local emergency agency.

16.4.Occupational safety and equipment operational regulation shall be developed and approved by the organization's management.

16.5.Employees working at common waste recovery, re-use, recycling, disposal and landfill facilities shall attend and pass exams of special trainings corresponding with the workplace requirements.

16.6.Records on recovered, re-used, recycled, disposed and buried waste shall be maintained for database update.

16.7.Location of waste recovery, re-use, recycling, disposal and landfill facilities can be defined jointly by Citizens' Representatives Khurals of several aimags, soums and districts.

16.8.Establishment of common waste recovery, re-use, recycling, disposal or landfilling facilities shall be prohibited in the locations with green area, resorts, tourist camps, residential apartment, public zone and water reservoir area, special and common water resource protection zones, within zones of supplying drinking and household water, and other areas where mineral resources are identified or prohibited by other laws.  

16.9.Establishment of a waste-to-energy plant to generate heat and power through waste recovery and treatment shall be consulted with the state central administrative body in charge of energy matters.

Article 17.Common Requirements for General/Common Waste Recovery, Re-Use, Recycling and Landfill Facilities

17.1.General/common waste recovery, re-use, recycling and disposal facilities shall meet the following common requirements:

17.1.1.a fence protecting from unpermitted entrance of humans and animals to the facility;

17.1.2.security guards and signalization/alarm system;

17.1.3.registration office furnished with measurement devices;

17.1.4.production process control system;

17.1.5.CCTV;

17.1.6.equipment and tools for determination of waste structure and content;

17.1.7.fire safety signalization/alarm and protection system;

17.1.8.sensor control system activation in case of any malfunctions in production process;

17.1.9.labour safety and safety equipment;

17.1.10.system to monitor operational emissions into air, soil and water; and

17.1.11.engineering facility connected to centralized engineering infrastructure or a stand-alone engineering facility.

17.2.Centralized dumpsite shall be classified into 3 categories depending on the landfill site structure and landfill technology.

17.3.Landfilling requirements in the category I and II dumpsites shall be defined in accordance with standards. 

17.4.Category I centralized dumpsite shall meet the following additional requirements:

17.4.1.to establish the centralized dumpsite and the landfill site in accordance with the approved design drawings and standards:

17.4.2.to have seepage collection, accumulation and purification system;

17.4.3.to have a system to release and accumulate gas from waste decay;

17.4.4.to have underground water monitoring well;

17.4.5.to have flood protection dam and rainfall drainage system;

17.4.6.to have area for reserving soil for covering waste/landfilling;

17.4.7.to have machinery and equipment required for landfill;

17.4.8.to have a protection zone located at least in 300m from apartments and public area;

17.4.9.landfill base shall have a lining to protect from seepage penetration; and

17.4.10.to be provided with conditions to clean waste transportation vehicles.

17.5.Category II centralized dumpsite should meet the following additional requirements:

17.5.1.to meet the following requirements in addition to those specified in sub-paragraphs 17.4.1, 17.4.4 and 17.4.6-17.4.8 of this Law;

17.5.2.to be furnished with a seepage collection and accumulation system;

17.5.3.to have pipelines to release gas from waste decay; and  

17.5.4.to have flood protection dam and rainfall drainage channel.

17.6.Category III centralized dumpsite shall meet the following requirements:

17.6.1.the landfill site should be located below the land surface;

17.6.2.to be furnished with fences or portable net-layers preventing waste spread; and

17.6.3.to have machinery to strip and compact waste.

17.7.Maximum permissible amount of emissions from waste recycling, recovery, re-use and disposal shall be established according to standards.

Article 18.Landfilling in Centralized Dumpsites 

18.1.Landfilling in centralized dumpsites shall be carried out by business entities or organizations licensed to activities set out in sub-paragraph 9.3.2 of this Law.  

18.2.The following activities shall be carried out at the category I and II centralized dumpsites, in particular:

18.2.1.checking, measuring, registering and accepting waste;

18.2.2.covering with soil and compacting to prevent from waste spread;

18.2.3.ensuring the integrity of the landfill site and controlling normal operations of leakage/seepage collection system, gas release system, and machineries;  

18.2.4.having a soil, air and water monitoring plan in place; and

18.2.5.maintaining records about the volume and structure of buried/landfilled waste and update the database.

18.3.The following activities shall be carried out in the category III centralized dumpsite, in particular:

18.3.1.inspecting, registering and accepting waste;

18.3.2.piling up and compacting waste to prevent from waste spread; and

18.3.3.ensuring normal operation of machinery and equipment.

Article 19.Landfill Closure

19.1.Landfill can be closed fully or partially.  

19.2.Cover layer of the landfill site should be planned and made to be stable, free from landslide and collapse, and be subject to minimum erosion and fracture.

19.3.Landfill closure and post-closure monitoring and maintenance shall be performed by landfill operator or a contractor organization.

19.4.Cost necessary for operations set out in paragraph 19.3 of this Law shall be covered by the landfill operator.

19.5.Full and partial closure of the landfill site shall be monitored by a local competent body and inspector authorized to conduct inspection.

/This paragraph was amended by the law as of November 11, 2022/

Article 20.Operations Prohibited at Centralized Dumpsites

20.1.Landfilling the following types of waste shall be prohibited at the centralized dumpsite, including:

20.1.1.hazardous waste;

20.1.2.infectious waste; and,

20.1.3.liquid waste; waste containing free liquid.

20.2.Combustion of waste shall be prohibited.

20.3.Entrance of unpermitted citizens or livestock and animals to the waste load-off/receiving and landfill site hall be prohibited.

20.4.Dumpsite establishment and operation shall be prohibited in other areas except designated areas.

20.5.Construction of buildings and establishment of settled areas on closed landfill site shall not be allowed.

CHAPTER FIVE
HAZARDOUS WASTE PACKAGING, TEMPORARY STORAGE, TRANSPORTATION, COLLECTION, STORAGE, RECYCLING AND DISPOSAL

Article 21.Registration of Hazardous Waste Generators and Entities Engaged in Hazardous Waste Transportation, Collection, Storage, Recycling and Disposal Activities

21.1.Hazardous waste generators and entities engaged in hazardous waste transportation, collection, storage, recycling and disposal activities shall get registered, and obtain a registration number as per clause 8.1.9 a of this Law.

Article 22.Hazardous Waste Packaging

22.1.Hazardous waste should be sorted, and packed in specially designated packages.

22.2.Each bag/container for packing and storing hazardous waste must labeled as "Hazardous waste", and have standard signs and marks, where name/type of waste and start date of collection shall be marked visibly.

Article 23.Temporary Storage of Hazardous Waste at Source

23.1.Hazardous waste generator is allowed to store hazardous waste at its source for the term indicated below:

23.1.1.if generates 1000 kg or less hazardous waste per month, for 180 days;

23.1.2.if generates 1000 kg of above hazardous waste per month, for 90 days.

23.2.If to store hazardous waste for longer period than the timeframe specified in paragraph 23.1 of this Law due to definite reason, the state administrative body in charge of aimag or capital city waste management should be notified of it and permit for temporary storage shall be obtained.  

23.3.Hazardous waste shall be stored in an environment equipped with air ventilation system and meeting requirements for storing such type of waste.

23.4.Amount of generated and accumulated hazardous waste shall be recorded as per each name and type.

23.5.Seepage generated in the process of hazardous waste storage shall also be referred to hazardous waste.

23.6.Hazardous waste generator shall prepare a bill of lading/waybill in as per the template specified in clause 8.1.7a. of this Law in order to transfer hazardous waste to a licensed organization as set out in sub-paragraph 8.1.4 of this Law.

23.7.Hazardous waste generator shall have a permanent or temporary employee in charge of hazardous waste matters.

Article 24.Hazardous Waste Transportation

24.1.Collection and transportation of hazardous waste shall be carried out by a business entity or organization licensed by the state central administrative authority in charge of environmental matters.

24.2.Hazardous waste transporter shall, based on the agreement, receive from the hazardous waste generator and transport hazardous waste packed in designated packages with proper signs and marks, together with hazardous waste bill of lading/waybill.

24.3.Hazardous waste transporter shall check and accept the bill of lading/waybill of hazardous waste for accuracy and completeness.

24.4.Hazardous waste transporter shall hand over the hazardous waste with its bill of lading to the hazardous waste recipient.

24.5.Hazardous waste transporter shall be responsible for safety during transportation, and for integrity of hazardous waste package and quantity. 

24.6.Hazardous waste transporter shall furnish the vehicle with tools and materials to be used in case of spill or loss of hazardous waste.

24.7.In case of inconsistency in bill of lading and hazardous waste type or amount at the hazardous waste generator's faulty operation, the hazardous waste recipient may refuse to receive the waste partially or wholly.

24.8.In case of a situation stated in paragraph 24.7 of this Law, costs associated with the return of waste to the generator shall be covered by the given hazardous waste generator.

24.9.If transportation is carried out by more than one transporter, all the transporters other than last transporter one shall keep a copy of the hazardous waste bill of lading.

24.10.Transportation of incompatible hazardous wastes together shall be prohibited.

24.11.Hazardous waste shall be transported by a designated vehicle with "Hazardous waste" sign and standard warning signs. Procedure set out in sub-paragraph 7.1.2 of this Law shall be adhered to in hazardous waste loading, unloading and transporting processes.

24.12.Hazardous waste transporter shall have a facility for cleaning and disinfection of hazardous waste transportation vehicles.

24.13.In case of hazardous waste spill during transportation, the transporter shall notify the hazardous waste generator and the respective local emergency agency.

Article 25.Hazardous Waste Storage, Recycling and Disposal Requirements

25.1.Hazardous waste storage and disposal facilities cannot be established at the following locations:

25.1.1.water reservoir areas, and special and common protection zones of water source;

25.1.2.feeding zone of water sources of potable and domestic water supply system for the population; 

25.1.3.in less than 2 km from source of potable and domestic water supply or surface water;

25.1.4.roads or areas through which flood water flows away;

25.1.5.watery marshy area;

25.1.6.area with oil, coal and natural gas resources;

25.1.7.area containing lime stone and fundamental rocks containing 50% and more carbonate minerals;

25.1.8.within state and local special protection areas;

25.1.9.within less than one km from potato and vegetable plantation field; and

25.1.10.in less than one kilometer from residential apartments, public zone, and neighboring buildings and facilities.  

25.2.The distance prescribed in paragraph 25.1 of this Law shall be calculated from the hazardous waste storage and disposal facility's outside border or the fence isolating from external environment.

25.3.Hazardous waste storage, recycling and disposal facility shall meet the following requirements:

25.3.1.to have a flood protection facility constructed in consideration of annual flood run-off with one percent specific humidity; 

25.3.2.to have a surface water accumulation basin, the volume of which is estimated in consideration of annual flood run-off with one percent specific humidity;

25.3.3.to have a facility constructed with consideration of strong earthquake impact;

25.3.4.to have a facility planned and constructed to maintain minimum risk of intentional or unintentional spread of waste in air, soil and water in an amount of potential adverse impact on human health and the environment, or explosion, or fire hazards;

25.3.5.to have a protection fence and security guards preventing unpermitted entrance of humans and animals, and a continuous control system at entrance and exit, indoor and outdoor areas, roads, and disposal processes; 

25.3.6.to have entrance, exit, and roads that ensure operational condition for machineries and equipment in case of indoor or outdoor hazards or emergencies;

25.3.7.to be furnished with a safety or emergency alarm system and equipment, tools, substances and materials for response measures.

Article 26.Engagement in Hazardous Waste Collection, Storage, Recycling and Disposal Activities  

26.1.Business entities and organizations licensed as per paragraph 37.1 of this Law shall conduct waste collection, storage, recycling and disposal activities in conformity with the following requirements:

26.1.1.to develop a plan to prevent potential hazards or emergencies that may arise in the course of  hazardous waste storage, recycling and disposal processes;

26.1.2.to enter into cooperation agreement on emergency cases with local police, emergency agency and health-care organizations;

26.1.3.to enroll employees in training sessions applicable to the given job requirements;

26.1.4.to prohibit employees not covered in training sessions set out in sub-paragraph 26.1.3 of this Law to work independently for the job role;

26.1.5.to develop emergency response plan and have it approved by a local emergency agency;

26.1.6.to have an emergency coordinator at facilities where hazardous waste storage, recycling and disposal processes take place.

26.1.7.to submit  a report on emergency response measures, at each case of implementing emergency response plan, to the aimag and capital city emergency agency, state administrative body in charge of waste matters, and state central administrative body in charge of environmental matters within 15 days after the emergency incident.

26.2.Collection of waste with hazardous components shall also be considered as a type of storage of hazardous waste.

26.3.Emergency coordinator shall be entitled to implement emergency response plan.

Article 27.Receipt of Hazardous Waste 

27.1.Entities engaged in hazardous waste storage, recycling and disposal shall test waste samples and determine necessary indicators prior to the waste receipt.

27.2.To receive hazardous waste, waste shall be checked against the bill of lading/waybill, and for inconsistencies.

27.3.In case inconsistencies among the bill of lading and amount/volume or type of hazardous waste, the recipient may refuse to receive waste partially or wholly.

27.4.The hazardous waste shall be emptied from its container in accordance with procedure set out in sub-paragraph 7.1.2 of this Law.

Article 28.Operational Recordkeeping

28.1.Entities engaged in hazardous waste storage, recycling and disposal shall keep the following information for 10 years after the facility closure.

28.1.1.description and quantity of hazardous waste received, its disposal, treatment and storage methods and dates;

28.1.2.location and quantity of each waste placed inside of the facility, number of the bill of lading;

28.1.3.analysis and test results;

28.1.4.a report for each emergency incident for which emergency response plan was implemented;

28.1.5.monitoring report.

28.2.Notes about implementation of the plan specified in sub-paragraph 26.1.5 of this Law, and reports of measures taken shall be stored for three years.

Article 29.Reporting

29.1.Entities engaged in hazardous waste transportation, collection, storage, recycling and disposal shall prepare a report of works performed for the given year, as per template specified in sub-paragraph 8.1.7.d of this Law, and submit it in accordance with procedure stated in sub-paragraph 8.1.3 of this Law.

Article 30.Monitoring

30.1.Entities engaged in hazardous waste storage, recycling and disposal shall have underground water, surface water, soil and air monitoring plan, and a response program.

30.2.Content of pollutants in water samples taken from the underground water monitoring well shall not exceed the admissible standard level.

30.3.In case results of accredited laboratory analysis, carried out under pre-construction survey and environmental baseline study, indicate that content of underground water pollutants exceeds the admissible standard level depending on the geological formation, it should be informed to the state central administrative body in charge of environmental matters.  

30.4.In case of a situation mentioned in paragraph 30.3 of this Law, the maximum admissible level applicable to underground water monitoring shall be defined by the state central administrative body in charge of environmental matters.

30.5.Monitoring shall be carried out under the program stated in paragraph 30.1 of this Law.

Article 31.Closing Facilities

31.1.Entities engaged in hazardous waste storage, recycling and disposal shall have partial or full closure plan and required budget approved by the state central administrative body in charge of environmental issues.

31.2.In case of changes to technologies or operations of the facility, the plan prescribed in paragraph 31.1 of this Law, shall be amended and approved.

31.3.Notification about partial and full closure of facility shall be delivered to the state central administrative body in charge of environmental matters, and aimag or district Governor 90 days prior to the actual implementation of the plan.

31.4.Implementation of the partial and full closure plan shall be monitored by a local authority authorized to conduct inspection.  

/This paragraph was amended by the law as of November 11, 2022/

31.5.Full closure plan shall be completed within 180 days after receipt of the last waste.  

31.6.Notification and report about closure of the facility shall be submitted to the state central administrative body in charge of environmental matters and aimag or capital city governor within 60 days after the full closure of the facility.

Article 32.Post-Closure Monitoring

32.1.Entity engaged in hazardous waste storage, recycling and disposal shall have a post-closure monitoring plan and necessary cost approved by the state central administrative body in charge of environmental matters, for post closure maintenance and monitoring activities.

32.2.Post-closure monitoring shall be conducted for 20 years.

32.3.Monitoring, specified in paragraph 32.2 of this Law, shall be carried out by an entity engaged in hazardous waste storage, recycling and disposal or a co-contractor under the agreement.

32.4.In case the monitoring, stated in paragraph 32.2 of this Law, determines seepage or emission in volume adverse impact on human health and the environment, the state central administrative body in charge of environmental matters, and  also to aimag or capital city Governor shall be notified of it.

32.5.Associated costs incurred in a situation stated in paragraph 32.4 of this Law, shall be covered by an entity engaged in hazardous waste storage, recycling and disposal.

32.6.Costs necessary for implementation of the program stated in paragraph 30.1 and the plan stated in paragraph 31.1 of this Law shall be covered by the entity engaged in hazardous waste storage, recycling and disposal.

32.7.Costs indicated in paragraph 32.6 of this Law shall be collected under pre-payment principle by selecting one of the options stated below:

32.7.1.to establish a trust fund;

32.7.2.to place a pledge/collateral deposit. 

32.8.Collection and disbursement of funds indicated in paragraph 32.7 of this Law shall be regulated by a contract concluded with the state central administrative body in charge of environmental matters.

Article 33.Additional Requirements for Hazardous Waste Storage

33.1.Hazardous waste shall be stored in a specially designed rigid/firm containers made of or lined with materials that prevent reaction with hazardous waste stored in.

33.2.The area for placing hazardous liquid waste storage containers shall have a restriction system, which restrains waste spill or release or precipitation accumulated.

33.3.Hazardous liquid waste shall not be stored in a container installed under the ground.

33.4.Hazardous dry waste containers shall be placed in an area where accumulated precipitation can be discharged or drained, and the container shall be positioned as elevated or protected to prevent contact with accumulated liquid.

33.5.Hazardous waste storage area shall have a roof protecting from precipitation and direct solar radiation.

33.6.Storage of incompatible wastes in the same container shall be prohibited. 

Article 34.Additional Requirements for Disposal of Hazardous Waste in Landfill Site

34.1.Hazardous waste landfill shall have a lining system, and seepage accumulation and discharge systems to protect soil, and underground and surface water from contamination of waste and its seepage.

34.2.Lining system and seepage accumulation and discharge system in the hazardous waste landfill site shall correspond with standard requirements.

34.3.The organization's management shall approve response plan for excessive seepage accumulation in the seepage system.

34.4.A follow up action plan, along with a report on measures taken, shall be submitted to the state central administrative body in charge of environmental matters within 30 days after implementation of the response plan indicated in paragraph 34.3 of this Law.

34.5.Landfill Operator shall develop a scheme/sketch describing type, location, volume and depth of the landfilled hazardous waste, and maintain records on structure and location of hazardous waste.

34.6.Landfill Operator shall cover and seal the landfill for full or partial closure in strict compliance with approved design drawings. The cover layer shall meet the standard requirements.

34.7.Landfill Operator shall do monitoring and maintenance stated in paragraph 32.2 of this Law after the full closure of the landfill.

34.8.It shall be prohibited to use or engage in any activities on the closed landfill site.

34.9.It shall be prohibited to landfill the following waste in  the landfill site:  

34.9.1.flammable and actively reactive waste;

34.9.2.wastes generated from medical treatment and nursing activities at hospitals, veterinaries and health-care centers, but not disinfected wastes by health-care organizations;

34.9.3.unpacked liquid waste, and waste containing free liquid;

34.9.4.a new chemical waste generated in the process of studies, researches or trainings, with adverse impacts on human health and the environment not determined or those with properties not investigated;

34.9.5.landfilling incompatible wastes in the same landfill cell together.

34.10.Containers with following types of free liquids can be landfilled in the landfill site, including:

34.10.1.containers from which free liquid is removed/released, or absorbed into absorbent, or hardened;

34.10.2.liquid in below 50 ml pack/container;

34.10.3.containers with liquid, such as battery and accumulator, which are not designed for storing liquid, but the container and the liquid in it serve  for the same purpose together;

34.10.4.liquid in below 1 liter in double package;

34.11.All types of liquid, except those specified in paragraph 34.10 of this Law, cannot be landfilled in the landfill site. 

34.12.An empty container shall be landfilled after filling up at least 90% volume with waste, or crushing into small pieces for minimum volume.

34.13.Hazardous waste in small packages (chemical substances) shall be landfilled after being double-packed in a designated container, and it shall conform with the requirements of the procedure specified in sub-paragraph 7.1.2. of this Law.  

Article 35.Additional Requirements for Hazardous Waste Disposal through Incineration

35.1.Entities engaged in hazardous waste incineration shall conduct combustion/incineration test, and determine operational regime and technological indicators. 

35.2.Waste incineration test, stated in paragraph 35.1 of this Law,  shall be conducted for 30 days, which can be extended for up to 30 days in case of no stabilized combustion at the required level during the initial period.

35.3.Hazardous waste incinerator shall have an automatic system that ceases the waste loading/feeding process in case of malfunction in furnace operation.

35.4.Hazardous waste incinerator shall be equipped with combustion and emission control device, which should correspond with requirements of the procedure specified in sub-paragraph 7.1.2 of this Law.

35.5.Incinerator operation shall be stopped in cases of changes to waste loading process or incinerator structure, or the incinerator's operational indicators exceed the admissible limit.

35.6.Operations of the incinerator and its accompanying equipment shall be inspected/checked at least once a day.

Article 36.Requirements for Monitoring System for Controlling Emission Generated from Hazardous Waste Storage, Recycling and Disposal

36.1.Amount of pollutants in gas emissions generated from hazardous waste storage, recycling and disposal shall not exceed permissible standard level.

36.2.If permissible amount of pollutants specified in paragraph 36.1 of this Law is not set by national standards, then international standards shall be adhered to.

36.3.Hazardous waste storage, recycling and disposal facilities shall have a monitoring system that controls gas emissions in air, and a sump for collection and accumulation of liquid waste.

36.4.Liquid waste specified in paragraph 36.3 of this Law shall be purified to the permissible standard level, or dumped as neutralized, or transferred to a business entity licensed to dispose hazardous liquid waste.

36.5.Solid wastes, such as dusts or furnace ashes, generated from hazardous waste recycling and disposal facility's emission treatment system shall be processed as per proper technology and landfilled in the hazardous waste landfill site.  

Article 37.Permits for Hazardous Waste Transportation, Collection, Storage, Recycling and Disposal Activities

37.1.The state central administrative body in charge of environmental matters shall grant the following permits for hazardous waste transportation, collection, storage, recycling and disposal activities based on conclusion issued by the Professional Council mentioned in paragraph 12.1 of this Law:

37.1.1.a permit for temporary operation; and

37.1.2.a permit to operate.

37.2.A permit specified in sub-paragraph 37.1.1 of this Law, shall be effective from the construction commencement until the engagement in operations.

37.3.A permit stated in sub-paragraph 37.1.1 of this Law shall be granted for one year for newly engagement in hazardous waste transportation, collection, storage, recycling and disposal activities. 

/This paragraph was amended by the law as of January 6, 2023/

37.4.A permit to operate shall be issued for 5 years based on activities performed, technological procedure and monitoring & analysis results for the period specified in paragraph 37.3 of this Law.

37.5.A permit to operate shall be extended for ten years.

37.6.In case of breach of the conditions and requirements stated in the law, the permit shall be suspended in accordance with the Law on Permits.  

/This paragraph was amended by the law as of November 11, 2022/

/This paragraph was modified by the law as of January 6, 2023/

37.7.A permit shall be revoked in accordance with paragraph 5 of Article 6.1 of the Law on Permits upon rectification of suspension grounds.

/This paragraph was amended by the law as of January 6, 2023/

37.8.A permit shall be invalidated in accordance with Article 6.2 of the Law on Permits:

/This paragraph was modified by the law as of January 6, 2023/

37.8.1.at the request by a permit holder;

37.8.2.liquidation of a legal entity;

37.8.3.proven submission/collection of false documents for permit application;

37.8.4.repetitive or serious breach of permit conditions and requirements;

37.8.5.failure to fulfill rectification requirements during the permit suspension period. 

37.9.The procedure provided in sub-paragraph 7.1.2 of this Law shall be adhered to granting a permit to operate for hazardous waste transportation, collection, storage, recycling and disposal activities.

Article 38.Export of hazardous waste

38.1.Citizens, business entities and organizations can export hazardous waste.

38.2.The state central administrative body in charge of environmental matters shall issue permits for hazardous waste export in accordance with sub-paragraph 1.5 of Article 8.1 of the Law on Permits in the following cases:  

/This paragraph was amended by the law as of January 6, 2023/

38.2.1.no machinery or equipment for hazardous waste recycling and disposal;

38.2.2.if hazardous waste import is permitted in that country.

38.3.Hazardous waste exporter shall attach the following documents in addition to the documents stated in the Article 5.1 of the Law on Permits:

/This paragraph was amended by the law as of January 6, 2023/

38.3.1.an agreement signed with hazardous waste importer; a written request by the importer;

38.3.2.a permit granted to hazardous waste importer by a competent authority of a respective country;

38.3.3.permission or notification permitting transportation through its territory issued by a competent authority of that country in case hazardous waste is transported through the territory of a country other than exporter or importer countries.

38.4.Hazardous waste for export shall be packed and marked in accordance with internationally acknowledged instructions, guidelines and standards, and accompanied with the waste bill of lading.

38.5.Hazardous waste shall be transported in compliance with requirements specified in international treaties, conventions and procedures.  

Article 39.Hazardous Waste Import and Cross-Border Transport Prohibitions

39.1.It shall be prohibited to import hazardous waste to Mongolia for the purpose of using, storing, temporarily placing, and disposing thereof.

39.2.It shall be prohibited to transport hazardous waste across/through the border of Mongolia.

CHAPTER SIX
ECONOMIC REGULATION ON WASTE

Article 40.Putting waste into economic turnover 

40.1.Wastes shall be put into economic turnover through waste sorting, re-using, recycling and recovering to save natural resources.

40.2.Producer/manufacturer shall select recyclable source, and apply non-waste or minimum waste technology to produce products.

40.3.Citizens, business entities and organizations shall support green procurement by purchasing recycled and recovered goods and products.

40.4.Citizens, business entities and organizations, engaged in waste sorting, collection, transportation, storage, re-use, recycling, recovery, disposal, landfilling and export,  and, those introduced environmentally friendly and non-waste technology, shall be granted economic incentives.

40.5.Manufacturer and/or importer of goods and products listed in sub-paragraph 8.1.14 of this Law shall be obliged to re-collect, re-use, recycle an export their wastes of products and its packages. 

40.6.Manufacturer and/or importer shall have in place and display to public a scheme of lifecycle of wastes of products or its packages showing collection, re-use, recycling, recovery, landfilling, disposal and export cycles.  

40.7.Products made out of recycled waste and recyclable waste generator products shall be marked with a sign set out in sub-paragraph 8.1.13 of this Law.

40.8.Possession and utilization of land of waste sorting, collection, recycling, recovery and disposal facilities, centralized dumpsites and industrial & technological parks shall be resolved in accordance with the Law on Land.

Article 41.Waste Service Charges and Fees, Operational Funding

41.1.Each citizen, business entity or organization generating general/common waste shall pay waste service fees/charges.  

41.2.Citizens, business entities and organizations generating hazardous waste shall pay hazardous waste service fees/charges, that cover costs required in transportation, collection, storage, recycling and disposal of wastes generated.

41.3.Service fees/charges for transportation and disposal of bulky or construction waste shall not refer to the fees/charges stated in paragraph 41.1 of this Law.

41.4.Service fees/charges stated in paragraphs 41.2 and 41.3 of this Law shall be agreed and set based on a contract to be signed with a citizen, business entity or organization to receive waste.

41.5.Service fees/charges for general/common trash generated by citizens, businesses or organizations shall be calculated based on the volume/amount of waste generated.

41.6.Service fees/charges for general/common waste generated from household consumption shall be calculated per each member of the household.

41.7.Waste service fee can be collected together with billing for utilities costs, such as, cost of energy, household potable water supply and wastewater discharge services, heating, and apartment and public utility services.   

41.8.Waste service fees shall be collected and concentrated in the soum or district budget.

41.9.Waste service fee shall be spent for the funding of the following operations:

41.9.1.waste collection and transportation;

41.9.2.landfilling;

41.9.3.for paying service commissions, if waste service fees are collected in accordance with paragraph 41.7 of this Law. 

41.10.Waste collection and transportation shall be financed based on the volume of waste collected and transported at the tariff specified in sub-paragraph 9.2.1 of this Law.

41.11.Landfill shall be financed based on the volume of waste landfilled at the tariff specified in sub-paragraph 9.1.4 of this Law.

41.12.Costs required in supporting public area waste cleanup, sorting, reuse, recycling, and organizing public cleaning, training and promotional activities shall be reflected in and expended out of aimag, soum, capital city or district budgets.  

/This paragraph was amended by the law as of April 22, 2022/

41.13.Soum or district Governor shall issue a monetary incentive of 15% of fine imposed on the law offender, to an individual who reported a breach of legislation on waste and if the information was proven.

41.14.A support can be provided from aimag or capital city budget to soum or district for waste sorting, collection, transportation, recycling, and landfilling activities.

41.15.The support specified in paragraph 41.14 of this Law shall be expended in accordance with sub-paragraphs 41.9.1 and 41.9.2 of this Law.

41.16.A support can be provided from state budget to aimag or capital city for waste recovery and disposal activities.

41.17.Planning and monitoring of, and preparing performance reports for funds stated in paragraph 41.8 of this Law, shall be implemented in accordance with the Law on Budget and General Law on Taxation.

Article 411.Implementing a project by public-private partnership

/This article was added by the law as of December 9, 2022 and it shall entry into force on December 31, 2023/

411.1.Within the scope of implementation of the waste management, a project can be implemented by the public-private partnership in the waste clean-up, collection, transportation, sorting, recycling, recovery, disposal and landfilling activities.  

411.2.Relations in connection with implementing a project by the public-private partnership in the waste sector shall be regulated in accordance with the Law on Public-private partnerships.

CHAPTER SEVEN 
RAISING PUBLIC AWARENESS ON WASTE

Article 42.Raising public awareness on waste  

42.1.Awareness raising campaigns on waste shall aim at setting a culture on  environmentally friendly consumption among citizens, business entities and organizations, and habits and practices for proper waste disposal, sorting and re-use, and at raising  awareness of adverse impacts of waste on human health and the environment.

42.2.Awareness raising on waste shall be conducted in the following manner:

42.2.1.to reflect goals and means of public awareness raising initiatives on waste in the national program specified in sub-paragraph 7.1.1 of this Law;

42.2.2.to deliver formal educational program on waste through training content/curriculum specified in sub-paragraph 8.4.2 of this Law;

42.2.3.to promote, through press and media, national traditions, customs, best practices and legislation on waste management; 

42.2.4.to deliver informal training through government and non-governmental organizations, vocational training and research centers.

42.3.All level of governors shall render financial and organizational  support in organizing among the local community in public awareness training on waste and ensuring full coverage of them.

42.4.Soum, district, bagh or khoroo Governors, business entities and organizations in the respective territories shall render support with training premises/venues and in ensuring full coverage of local community in waste-related awareness raising training programs, organized at the initiatives of private business entities or organizations. 

42.5.Professional organizations engaged in waste related operations shall be obliged to ensure full coverage of citizens, business entities, organizations and their employees and officers in the training sessions, and provide with training premises/venues and other supports required for the training.

CHAPTER EIGHT
MISCELLANEOUS

Article 43.Liabilities to be imposed on violators of legislation

/This article was modified by the law as of January 10, 2020/

1.Unless an official who has breached this Law is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service. 

2.An individual or a legal entity who has breached this Law is subject to the liability in accordance with Criminal code or Law on Violations. 

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD