Talking Trash: 5 Things you need to know about the *NEW* Waste Management Rules 2021

The generation, handling and disposal of solid waste in Trinidad and Tobago has long-been a pervasive problem. According to the 2010 Waste Quantification, Waste Characterization, and Centroid Study, the country's four main disposal sites receive 700,000 tonnes of solid waste annually. Further, an average of 1.5 kilograms (kg) of waste is generated per person, per day; ranging from 0.55 kg/person/day in rural areas to 1.75 kg/person/day in highly commercialized and industrial areas. Illegal and indiscriminate dumping of waste continues to be a problem, and as of 2018, the estimated volume of waste received at the public landfills now hover closer to 800,000 per year.

Source: 2018 Assessment of the State of the Environment Report, Trinidad and Tobago.

In 2019, the Government of Trinidad and Tobago made adjustments to the Litter Act Chap. 30:52 to increase the penalties for illegal dumping 100% from $4000 to $8000. In June 2021, they also successfully laid the Waste Management Rules 2021 and Waste Management (Fees) Regulations 2021 to firmly establish a new era of waste management in Trinidad and Tobago. Here are FIVE key things you need to know about the newest waste management laws of Trinidad and Tobago.

(1) The Waste Management Rules 2021 establishes a permitting regime for entities involved in the generation and handling of waste and recyclables.

Section 4(1) of the Waste Management Rules 2021 make it illegal for persons to generate hazardous waste, or generate non-hazardous waste above an 'annual regulated quantity' without a Waste Generation Permit. Likewise, Section 11(1) makes it illegal for persons to accept waste produced by another person for collection, storage, processing, treatment, recovery, recycling or disposal unless they have a Waste Handling Permit.

(2) Certain operations and stakeholders are exempt from obtaining permits but are required to ensure their waste is conveyed to a permit holder.

Section 47 exempts the following from requiring a permit: households, places of worship, penal institutions, early childhood institutions, primary schools, secondary schools, children's homes and children rehabilitation centers, public meeting spaces, camp sites, vessels, aircrafts, and agricultural farms. Additionally, generators of gaseous waste or waste water from a wastewater treatment plant do not require a Waste Generator Permit. Waste Handling Permits are not required by entities engaged in the transport of waste on behalf of the Tobago House of Assembly or Municipal Corporations. Additionally, Section 11(5) notes a few circumstances where organisation handles its own waste without the need for a Waste Handler Permit.

(3) Existing Waste Generators should apply for their permit between 31 May 2022 - 27 August 2022, while existing Waste Handlers should apply between 31 May 2022 - 11 September 2022.

The Waste Management Rules 2021, enter operation on 31 May 2022, and this is the starting point from which the statutory timelines commence. Existing facilities involved in generating hazardous waste, or wastes above the regulated quantities, must apply for a Waste Generation Permit within 60 working days from the commencement of the Rules, i.e., 27 August 2022. Existing waste handlers are expected to apply for a Waste Handling Permit within 90 working days from the commencement of the Rules, i.e., 11 September 2022. The EMA may extend these deadlines under Sections 4(2) and 11(2) at its discretion.

After the commencement of the Rules, entities involved in waste generating and handling without the requisite permits, or having applied for the requisite permits, may be considered in breach of an 'environmental requirement' under Section 62 of the Environmental Management Act Chap. 35:05 and liable for fines that range from TT$1000 - TT$10,000/day.

(4) The cost of a permit and associated annual fees may be up to the tens of thousands of dollars per year depending on the scale of the operation.

Similar to the Air Pollution Rules, 2014 and Water Pollution Rules, 2019, the Waste Management Rules 2021 uses a formulaic approach for determining the annual fees rather than a fixed or flat fee. This ensures compliance with the polluter pays principle as the formulas include factors for the amounts of waste generated or handled. Waste Generators must pay an application or renewal fee based on the size of their enterprise. The bigger the enterprise, the bigger the fee. Additionally, they are also subject to an annual Waste Generation Fee determined by the compliance monitoring costs and factors for the quantity of hazardous and non-hazardous waste generated.

The fees for a Waste Handler Permit or renewal follows a similar formula. For example, a 'large' enterprise engaged in Waste Handling has a base Compliance Monitoring Fee of TT$16,200. If they were to handle more than 10,000 tonnes of hazardous waste and 10,000 tonnes of non-hazardous waste per year, their base CM cost will be multiplied by a factor of 5.5, resulting in a permit application fee of $89,100 and annual renewal cost of the same. 

(5) Permit holders need to have on staff persons with the competence to manage their waste processes to ensure compliance and minimize the risk of permits being denied, suspended or revoked.

Section 8(6) gives the Authority the power to refuse a permit to an entity if it does not believe the applicant is a 'fit and proper person', i.e., a "person who demonstrates or is likely to demonstrate his competence to manage waste generated or handled in an environmentally sound manner." Even after a permit is granted, breaching material conditions of the permit can lead to suspension or revocation. The Rules also places additional obligations on companies to prepare detailed waste manifests, acquire insurance and prepare annual reports for the EMA, lest they be found in breach of an environmental requirement. Taken altogether, it is critical that companies build their capacity to undertake environmentally sound waste management and maintain compliance with the waste rules by staffing the right persons or having their staff properly trained.

So, what do you do if you are a company that generates or handles waste? The first step is to appraise yourself of the rules and the implications for your business. The EMA has committed to an education campaign following the Rules being laid. While this article provides general knowledge, you should confer with the Environmental Management Authority for specific direction if needed. The next step is to have professional support and capacity built into your organisation to navigate the permitting process and maintain compliance. This is where companies such as Advisors Next Door, can help. Building the individual capacity of waste managers is also key and can be done before the year's end through offerings such as SBCS' Principles of Waste Reduction, Recycling and Solid Waste Management. Trinidad and Tobago is at the cusp of a new era of waste management. Fortune favors those who are best informed and take proactive steps to get ahead of the game.

---

Ryan Assiu is a Sustainable Development and Climate Change Specialist by qualification, Program Coordinator by experience, and Educator by passion. He is on a journey to discover his authentic professional identity which has taken him to companies, CSOs and governments throughout the Caribbean. His writings focus on sharing his experiences and knowledge on a wide range of environmental topics relevant to Small Island Developing States (SIDS) such as his home country of Trinidad and Tobago. Follow him on LinkedIn @ Ryan Assiu | LinkedIn