Introduction
In April 2024, two Prime Minister Decrees amended and complemented the waste management regulations in Egypt.
The Prime Minister’s Decree No. 1113 of 2024 introduced new amendments to the Executive Regulations of the waste management law No. 202 of 2020 (the “WM Law”) issued by virtue of the Prime Minister’s Decree No. 722 of 2022 (the“WM ER”) to better regulate hazardous waste landfills by clarifying its definition, providing exemptions for certain requirements and amending the regulations for the fees collected in return for integrated waste management services.
In parallel, Prime Minister Decree No. 1114 of 2024 was issued to determine the fees in return for integrated waste management services for constructed units and vacant lands.
1. Prime Minister’s Decree No. 1113 of 2024 (the "Amendment")
According to this decree, the following amendments were made:
A. Amendment of the Definition of Hazardous Waste Landfills
Hazardous waste landfills form an essential final step of the integrated waste management system to dispose of solid hazardous waste. Given the risks in question, the establishment of hazardous waste landfills must comply with precautionary measures for the safe disposal of waste while ensuring the preservation of the environment.
Under the WM ER, the original definition given to hazardous waste landfills simply defined the landfills by their different components. However, the definition was amended to focus on the processes and systems required for implementing a proper hazardous waste landfill.
According to the Amendment, a hazardous waste landfill consists of a single cell or multiple cells and is used for the final disposal of hazardous waste in its solid form. The hazardous waste landfill is designed, implemented, and operated according to special requirements commensurate with the characteristics of the hazardous waste that is disposed of in each cell in a safe manner. The Amendment poses that the following systems shall form an integral part of the hazardous waste landfill:
- double system for insulating the bottom of the landfill;
- system for collecting and treating gaseous emissions;
- system for collecting and treating leachate;
- system for collecting rainwater;
- system for receiving hazardous waste upon its arrival to classify it and determine the place and method of burial;
- system for detecting and monitoring leakage and the system for the safe closure of the vault cells; and
- post-closure management system.
The new definition of a hazardous waste landfill outlined in the Amendment to the WM ER also aligns with the definition provided for waste pits under Environmental Law No. 4 of 1994.
B. Other Amendments
- Sanitation Funds and the Disbursement of Waste Management Fees (Article 29 of the WM ER)
Article 29 of the WM ER was amended to change the regulation of the monthly service fees collected directly through the integrated municipal waste management units present in each governorate, centre, city, neighbourhood, village, and in the New Urban Communities Authority (“NUCA”), or indirectly, through third parties. The fees are collected from any constructed units and vacant lands stipulated under Article 34 of the WM Law in return for undertaking one or all integrated waste management services.
Decree No. 1114 of 2024 details the manner of imposing the fees on the different units and lands subject to these fees (please see below).
Article 29 was amended to stipulate that the proceeds of the fees shall be deposited in the sub-accounts of the sanitation funds explicitly established for each governorate or NUCA. Previously, Article 29 stated that the fees should be collected and deposited in a unified central account established at the Central Bank of Egypt in preparation for their transfer to the sub-accounts of the sanitation funds in the governorates.
These funds shall be disbursed to support the integrated management services system according to their need to enable the integrated management units to carry out their activity. The Waste Management Regulation Authority (“WMRA”) shall technically assess the actual needs of the integrated management units through a technical assessment report issued monthly by the WMRA in collaboration with the competent authorities.
- Distance Requirement for Waste Management Activities (Article 25 of the WM ER)
Moreover, the WM ER stipulates the requirements for the receipt, treatment, and final disposal of non-hazardous waste and lays down distance requirements for establishing hazardous waste landfills or carrying out integrated waste management services. The Amendment added a paragraph to Article 25 to establish a general exemption to the distance requirements upon the approval of the WMRA. It shall be based on a request from the competent administrative authority due to exigent circumstances or regional conditions.
In this case, the distance requirement between the cities and the hazardous waste landfills, as stipulated in Article 25, may be reduced after the competent ministry gives its opinion. The Amendment establishes that, in all cases, the application of this exemption shall not violate the health, environment, safety, and public safety considerations.
The WMRA shall respond to the submitted request from the competent administrative authority within one month from the date of its submission. Failure to respond within this timeframe shall be deemed an approval of the request by the WMRA.
Finally, the Amendment cancelled the subclause under Article 25 of the WM ER, which regulated the licensing of intermediate waste transfer stations (the “Intermediate Stations”) (Article 25, paragraph A, subclause No. 5).
The WM ER defines an Intermediate Station as a loading or storage waste facility with a maximum duration of 24 (twenty-four) hours, established as a complementary system for municipal waste transfer operations. The Intermediate Stations are used by municipal waste collection vehicles and mechanical sweepers throughout their operation, which is conducted during the day to reduce the overall waste collection costs and transportation from generation points to the final treatment facilities and hazardous waste landfills. The operational capacity of the Intermediate Stations, trucks, and equipment should be proportionate with the volume and quantity of waste received from a specific area or service area.
While the subclause regarding the process for licensing such Intermediate Stations was cancelled, the definition of such remains.
2. Prime Minister’s Decree No. 1114 of 2024
This decree determines the integrated municipal solid waste management fee depending on the imposed units and entities.
A. Fee Categories
The decree introduced a table of fees for the integrated waste management monthly fees to complement the WM ER, which are determined depending on:
- the level at which the integrated waste management unit is operating, whether in governorates, cities, neighbourhoods, villages, or new urban community agencies; and
- the nature of the facility imposed, which is divided into four main categories:
- residential units;
- independent commercial units and units used as premises for independent professions;
- government entities, public bodies, public sector companies, public business sector, hospitals, healthcare facilities, and private and governmental educational institutions; and
- commercial, industrial, and touristic establishments and vacant lands used for commercial activities, companies, private sector administrative buildings, shopping centres, hotels, sports facilities, and similar facilities or activities.
B. Exemption
The decree exempts places of worship from paying the fees as a whole and micro-enterprises from paying half of the prescribed fees to encourage them and alleviate the burden of fees.
C. Collection
Finally, the decree gives competence for fee collection to two different authorities, as follows:
- the electricity distribution companies shall be the competent fee collector for the fees imposed on (i) residential units and (ii) independent commercial units and units used for independent professions, such as North Cairo Electricity Distribution Company or South Cairo Electricity Distribution Company; and
- the competent administrative authorities or those responsible for granting the licenses for the activities and to the establishments, as the case may be, shall be responsible for collecting the fees from (iii) the government entities and public bodies and (iv) the private sector entities and lands.
