Legal Lens On Industrial Waste In Kazakhstan.

Current statistics 

One key aspect of modern environmental law in Kazakhstan is waste management. According to the Bureau of National Statistics of the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan, as of 2022, 888.1 million tons of industrial waste had been generated in the country, and about 32 billion tons of waste had been accumulated. Overall, 2.1 thousand fines amounting to 322.9 billion KZT were imposed for environmental violations in 2023.  

Regulation of industrial waste 

The main source of waste management regulation in Kazakhstan originates from the Environmental Code, accompanied by other normative legal acts. It established general and special norms and specific requirements for various types of waste and operations associated with them aimed at ensuring environmental protection, rational use of natural resources and reducing environmental damage caused by human activity. 

General principles 

The general principles of environmental legislation are reflected in Article 5 of the Environmental Code as the basis for legal regulation and protection of the environment: 

1. The principle of prevention any activity that may cause pollution or environmental damage is permitted only if all necessary measures are taken at the source of impact to prevent such consequences. 

2. The principle of correction is that the environmental damage caused must be eliminated entirely. If this is not possible, the damage must be minimised, and the remaining consequences must be compensated by alternative remediation. 

3. The precautionary principle where there is a risk of significant and irreversible environmental damage or harm to health, effective and proportionate measures should be taken to prevent it, even if there is insufficient scientific evidence about the likelihood of such consequences. 

4. The principle of proportionality environmental protection measures must be sufficient to achieve the objectives of environmental legislation, with preference given to the least burdensome options. 

5. The polluter pays principle means that the person whose activity causes or may cause pollution bears the costs of eliminating the consequences and meeting environmental requirements. 

6. The principle of sustainable development natural resources are the country’s wealth and must be used sustainably. The state ensures rational management of resources for the benefit of present and future generations. 

7. The principle of integration is that environmental priorities are considered when forming state policy in the economic and social spheres to achieve sustainable development and high environmental protection. 

8. The principle of accessibility of environmental information the state legally guarantees public access to environmental information. 

9. The principle of public participation citizens have the right to participate in decision-making concerning environmental protection and sustainable development, starting from the early stages when different decision options are possible. 

10. The principle of the ecosystem approach when making decisions, the integrity of natural ecosystems and the need to preserve natural landscapes and biodiversity are taken into account, and priority is given to the preservation of natural ecological systems and the prevention of negative impacts on them. 

These principles are intended to provide a legal basis for the sustainable and rational use of natural resources in the Republic of Kazakhstan and to assist in achieving environmental well-being and public health. 

Special norms 

The Special Part of the Environmental Code of the Republic of Kazakhstan provides a whole section devoted to waste management regulation. Section 19 of the Environmental Code of the Republic of Kazakhstan covers chapters 23 through 31, articles 317 through 392, and other by-laws that establish the legal basis for waste management regulation.  

The main chapters of the Environmental Code related to waste management: 

• Chapter 23. General Provisions on Waste – contains the basic principles and provisions governing waste management, including their classification and management methods. 

• Chapter 24. Hazardous waste establishes a special legal regime for handling hazardous waste and defines storage, transportation, and disposal requirements. 

• Chapter 25, Waste Disposal Sites, regulates the creation, operation, and closure of waste disposal sites for various types of waste. 

• Chapter 26, Features of Waste Management in the Mining Industry, covers specific requirements for handling waste generated in the mining industry. 

• Chapter 27, Features of Municipal Waste Management, regulates the collection, transportation, processing, and disposal of municipal waste. 

• Chapter 28, Features of Radioactive Waste Management, contains rules for handling waste containing radioactive materials and requirements for their safe disposal. 

• Chapter 29. Features of the management of certain types of waste include provisions for the specific management of certain categories, such as industrial or biological waste. 

• Chapter 30, State Waste Cadastre, provides for the maintenance of waste records at the state level, which allows for tracking waste volumes, types, and methods of handling. 

• Chapter 31, Extended obligations of producers (importers), introduces extended obligations for producers and importers regarding waste management. This promotes the implementation of more responsible approaches to waste disposal and recycling. 

Definition 

The Environmental Code of the Republic of Kazakhstan clearly defines the concept of “waste” in Article 317. According to this definition, waste is understood to mean any substances, materials or objects generated in the process of production, performance of work, provision of services or in the process of consumption (including goods that have lost their consumer properties), which their owner directly recognises as waste or must send for disposal or restoration by the requirements of the law, or intends to subject or subjects to operations for disposal or restoration. 

Exceptions 

The legislation also provides exceptions where certain substances and objects are not considered waste. These include: 

1. Substances emitted into the atmosphere as part of exhaust gases (dust-gas-air mixture); 

2. Wastewater; 

3. Contaminated lands in their natural occurrence, including unremoved contaminated soil layer; 

4. Real estate objects firmly attached to the land; 

5. Removed uncontaminated soils; 

6. Common solid minerals that have been extracted from their natural locations during excavation work during construction activities and which, by the design document, are or will be used in their natural state for construction purposes on the territory of the same construction site where they were separated; 

7. Firearms, ammunition, and explosives are subject to disposal under the legislation of the Republic of Kazakhstan in the sphere of state control over the circulation of certain types of weapons. 

Ownership and the Burden of Ownership 

As part of the legal regulation of waste management, the Environmental Code contains important provisions defining the legal status of waste owners, their rights and obligations, and liability for non-compliance with the law. 

Article 318 of the Environmental Code defines waste owners as any person (natural or legal) who legally possesses waste. This may be either a person who produces waste in the course of their activities (waste generator) or a person who carries out their further processing. A waste generator may be primary or secondary: 

• A primary waste generator is a person whose activities directly generate waste. 

• A secondary waste generator is a person who is involved in changing the properties or composition of waste, such as recycling or mixing it. 

• Other conditions. 

Waste owners and generators in Kazakhstan must follow the principle of hierarchy in waste management to protect the environment and ensure sustainable development. Article 329 sets out priority measures in descending order of their preference: 

1. Prevention of waste generation; 

2. Preparation of waste for reuse; 

3. Waste recycling; 

4. Waste disposal; 

5. Waste disposal. 

When carrying out the operations provided for in subparagraphs 2 – 5 related to the processing or disposal of waste, auxiliary actions for sorting, processing and accumulation are permitted, which allows for more efficient waste management, minimising their impact on the environment. 

Article 339 of the Code establishes the right to own waste and details the responsibilities of owners and other participants in the waste management process. 

1. Waste is an object of property rights. Public relations related to the emergence, change and termination of property rights to waste are regulated by the civil legislation of the Republic of Kazakhstan, taking into account the specifics of the Environmental Code. 

2. Waste generators are the owner’s waste they produce. 

3. In accordance with the “polluter pays” principle, the generator of waste, the current and former owners of waste are responsible for ensuring compliance with environmental requirements for waste management until such waste is transferred into the possession of a person carrying out waste recovery or disposal operations based on a license by Article 336, with the exceptions provided for in the Environmental Code. 

4. Persons carrying out waste collection operations shall be responsible for ensuring compliance with environmental requirements for waste management from the time they receive waste into their possession until the time such waste is transferred to a person carrying out waste recovery or disposal operations based on a license under Article 336, except in cases provided for in the Environmental Code. 

5. Waste owners are obliged to manage waste safely themselves or ensure safety by transferring waste to business entities that manage waste in accordance with the principle of hierarchy and the requirements of Article 327 of the Environmental Code. 

6. The transfer of waste to business entities carrying out operations for the collection, recovery or disposal of waste shall mean the simultaneous transfer to such entities of the right of ownership of the waste, including at the time of placing the waste in containers located on the territory of container sites or in designated waste collection sites unless the parties have agreed to other terms. 

Standardisation in the field of waste management 

In accordance with Kazakhstan’s environmental legislation, waste management at facilities is regulated by limits that depend on their category. For facilities in categories I and II, limits on waste accumulation and disposal are established based on an environmental permit. Facilities in categories III and IV are exempt from environmental regulation for these indicators. The procedures for developing and approving limits and reporting and monitoring waste management are regulated by the authorised body in the field of environmental protection according to established rules. 

Waste Management Programme 

According to Article 335 of the Environmental Code, operators of Category I and II facilities and persons involved in the sorting, processing, rendering harmless and disposal of waste are required to develop a waste management programme. This programme is part of the environmental permit and is created by the principle of the waste management hierarchy. The programme must include information on the volume and composition of waste, methods of accumulation, collection, transportation, rendering harmless, recovery and disposal, and measures to reduce waste generation and increase its reuse, recycling and disposal. The programme considers the best available techniques for Category I facilities, which are approved based on conclusions provided by law. 

Licensing of activities in the field of recovery and disposal of hazardous waste 

According to Article 336, business entities engaged in processing, neutralising, utilising and destroying hazardous waste are required to obtain a license to perform these works in environmental protection. Licensing is regulated by the Law “On Permits and Notifications” of the Republic of Kazakhstan. 

The license to carry out the types of activities provided for in paragraph 1 of Article 336 shall indicate: 

1. The type and quantity of hazardous waste that the person may handle; 

2. Types of hazardous waste operations; 

3. Technical and other requirements for the site for each type of operation; 

4. The method used for each type of operation. 

A license is optional for waste collection and business entities that generate hazardous waste in terms of recovery, neutralisation and disposal of their hazardous waste. The requirements of this article do not apply to activities related to the handling of radioactive waste, subject to licensing by the legislation of the Republic of Kazakhstan in the use of atomic energy. 

Violations 

Within the framework of Kazakhstan’s environmental legislation, legal mechanisms of control and supervision over compliance with waste management standards play an essential role. This process is carried out through monitoring, inspections, and state environmental control, which the Environmental Code and the Entrepreneurial Code of the Republic of Kazakhstan carry out. In administrative disputes, such as appeals against acts of state control, the norms of administrative law provided by the Code of Administrative Offenses of the Republic of Kazakhstan are used. Courts on bringing to administrative responsibility are carried out within the framework of the Administrative Procedure Code of the Republic of Kazakhstan. 

Chapter 21, “Administrative Offences in the Field of Environmental Protection and Use of Natural Resources,” contains 81 articles, including at least 19 articles establishing liability for violating the requirements established by the Environmental Code. 

The following article will share more details about the practical aspects of environmental violations in waste management and appeals. 

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