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Law No. 9 of 2018 on regulating the work of sewerage tankers

Law
Law No. 9 of 2018 on regulating the work of sewerage tankers We, Saud bin Saqr bin Mohammad Al Qasimi, Ruler of Ras Al Khaimah - After perusal of the United Arab Emirates Constitution; - The Federal Penal Code No. 3 of 1987, as amended; - Federal Criminal Procedure Law No. 35 of 1992, as amended; - Federal Traffic Law No. 21 of 1995, as amended; - Federal Environmental Protection and Development Law No. 24 of 1999, as amended; - Cabinet’s Resolution No. 3 of 2004 on Preparing Standard Specifications for United Arab Emirates; - Ras Al Khaimah Municipality Law of 1981, as amended; - Law No. 2 of 2007 of Environment Protection and Development Authority in the Emirate of Ras Al Khaimah, as amended; - Law No. 7 of 2012 on Establishing an Executive Council in the Emirate of Ras Al-Khaimah; - Law No. 8 of 2016 on Regulating the Practice of Commercial Activities; - Law No. 2 of 2017 on Establishing Ras Al Khaimah Economic Zones and the Supervising Authority; - Law No. 3 of 2017 on Establishing the Public Services Department; - System of the Public Hygiene No. 1 of 2001, and - Upon approval of the Executive Council, We promulgated the following law: Article (1) The following words and expressions shall have the meanings indicated respectively, unless the context indicates otherwise: Emirate: Emirate of Ras Al Khaimah. Council: The Executive Council of the Emirate of Ras Al Khaimah Department: Public Services Department. Director General: Director General of Public Services Department. Agency: Wastewater Agency. Director: Director of Wastewater Agency. Operations: Collecting, transporting, and discharging wastewater or treated water by tanker. Tanker: A vehicle equipped by a tight tank, intended for operations. Tanker Operator: An individual who is responsible for driving or managing a tanker. Discharge Facility: A site or establishment designated for discharging the wastewater tanker. Wastewater: Water with stuck liquid or solid waste caused by water closets and toilets in houses, commercial, industrial or government enterprises. Commercial and Industrial Wastewater: Water caused by any industrial, commercial, medical, scientific, or agricultural activity. Harmful Substance in Discharge Facility: Any material with properties or quantity causing harm to discharge facility or treatment operations. Fats Trap: A special engineering design unit that separates food fats and grease from liquid waste. Oil Trap: A special engineering design unit to separate mineral oils from wastewater caused by industrial activities and auto service stations. Hazardous Materials: Solid, liquid, or gas materials with properties harmful to human health, or those with harmful impact on environment, such as toxic, explosive, flammable, or ionizing radiation materials. Hazardous Waste: Waste having hazardous materials properties caused by various activities and processes. Radioactive waste: Waste containing radioactive materials. Industrial Waste: Waste caused by all industrial and manufacturing activities in industrial enterprises, whether hazardous or not. These are determined based on the manufacturing process or laboratory tests. Landfill: A site designated by the Waste Management Agency for waste collection. Treated wastewater: Water resulted from purifying wastewater from impurities, suspended substances, pollutants and organic materials so that they are suitable for reuse. Article (2) The provisions herein shall be applied to the activity of operating wastewater and treated water tankers. Article (3) Natural or legal person may not practice operations in the Emirate without obtaining a permit from the Agency and after submitting an evidence of obtaining the trade license and the stipulated government approvals. Article (4) Agency may permit individuals having tankers with a license from outside the Emirate to conduct operations therein pursuant to the conditions and controls for which a resolution from Agency Director shall be issued. Article (5) Tanker Shall meet the following: 1. Its design and manufacturing shall be leak-proof, pressure-withstand during operations and easily cleaned and maintained. 2. Size of domestic wastewater tanker shall not be less than 3000 lb/UK gal., and not more than 10,000 lb/UK gal. 3. Size of fats tankers shall be 1000 lb/UK gal., and tankers shall be provided with fats and grease traps cleaning means. Agency may add any other technical requirements. Article (6) Operator shall supply Tanker with Agency-approved technical systems that enable the same to monitor, maintain and sustain operations to perform the purpose intended for the same. Director shall issue a resolution to determine technical requirements of tracking devices approved by the Agency and manner and conditions of tracking. Article (7) Operator shall register the tanker with the Agency before practicing the operations after submitting an evidence practice license. Registration shall be renewed annually under the same procedures and conditions and it is deemed null if the tanker fails to comply with one of the legally prescribed conditions. Article (8) Operator Shall maintain a special operations record for not less than one year to be provided upon request by the Agency staff. Under a resolution from Director, data to be recorded in register and the method of recording shall be determined. Article(9) Tanker Operator shall commit to the following: 1. Not to use the tanker for any purposes other than its intended ones; 2. Follow the prescribed safety and security procedures whenever conducting Operations; 3. Only to transfer domestic wastewater using industrial or commercial wastewater tankers after cleaning the same pursuant to the specifications approved by Agency in this regard; 4. Only to transfer commercial or industrial sewage after ensuring that fats and oils are separated by its traps; and 5. To discharge wastewater into specified discharge facility pursuant to Agency-specified discharge requirements. Article (10) No wastewater shall be discharged in discharge facility if it contains substances harmful to the receiving system or treatment process, or hazardous materials. This water shall be discharged into the specified landfill at the expense of the violator subject to specified environment standards and Agency requirements stipulated in this regard. Article (11) Fats, grease and oils, resulted from cleaning traps, shall be transferred to recycling facilities approved by Waste Agency or the landfill specified as the case may be. Article (12) Treated wastewater shall only be transferred after obtaining a permit from Agency wherein quantity, usage and the entity transferred thereto is indicated. Article (13) Table No. (1), attached hereto, shall be approved and may be amended by Chairman of the Executive Council under a resolution issued thereby upon a proposal from the Director. Article (14) Without prejudice to any more severe punishment stipulated by other law, whoever violates the provisions herein shall be punished by penalties and measures indicated in table No. (2), attached herein that shall be amended under a resolution from the Chairman of the Council upon a proposal of the Director. Article (15) Collected fines shall be transferred to the Agency. However, the internal financial policies shall determine the percentages of entitlements stipulated for Department. Article (16) Concerned parties may file grievance on the special form within (10) ten days from the date of the seizure minutes if the violator is present, or from the date of violation notice if the same fails to appear. The grievance shall be considered before established committee pursuant to the provision of Article No. (18) of law No. 3 of 2017 on Establishing Public Services Department. The grievance shall cause the suspension of fine collection procedures until adjudication therein. Article (17) This law shall come into force from the date of its issuance and be published in the Official Gazette. Saud bin Saqr bin Mohammad Al Qassimi, Ruler of Ras AlKhaimah Issued by us on Wednesday Rabi Al-Akher 11th 1440 A.H. Corresponding December19th 2018 A.D.

  • The following words and expressions shall have the meanings indicated respectively, unless the context indicates otherwise:
    Emirate: Emirate of Ras Al Khaimah.
    Council: The Executive Council of the Emirate of Ras Al Khaimah
    Department: Public Services Department.
    Director General: Director General of Public Services Department.
    Agency: Wastewater Agency.
    Director: Director of Wastewater Agency.
     Operations: Collecting, transporting, and discharging wastewater or treated water by tanker.
    Tanker: A vehicle equipped by a tight tank, intended for operations.
    Tanker Operator: An individual who is responsible for driving or managing a tanker.
    Discharge Facility: A site or establishment designated for discharging the wastewater tanker.
    Wastewater: Water with stuck liquid or solid waste caused by water closets and toilets in houses, commercial, industrial or government enterprises.
    Commercial and Industrial Wastewater: Water caused by any industrial, commercial, medical, scientific, or agricultural activity.
    Harmful Substance in Discharge Facility: Any material with properties or quantity causing harm to discharge facility or treatment operations.
    Fats Trap: A special engineering design unit that separates food fats and grease from liquid waste.
    Oil Trap: A special engineering design unit to separate mineral oils from wastewater caused by industrial activities and auto service stations.
    Hazardous Materials: Solid, liquid, or gas materials with properties harmful to human health, or those with harmful impact on environment, such as toxic, explosive, flammable, or ionizing radiation materials.
    Hazardous Waste: Waste having hazardous materials properties caused by various activities and processes.
    Radioactive waste: Waste containing radioactive materials.
    Industrial Waste: Waste caused by all industrial and manufacturing activities in industrial enterprises, whether hazardous or not. These are determined based on the manufacturing process or laboratory tests.
    Landfill: A site designated by the Waste Management Agency for waste collection.
    Treated wastewater: Water resulted from purifying wastewater from impurities, suspended substances, pollutants and organic materials so that they are suitable for reuse.
  • The provisions herein shall be applied to the activity of operating wastewater and treated water tankers.
  • Natural or legal person may not practice operations in the Emirate without obtaining a permit from the Agency and after submitting an evidence of obtaining the trade license and the stipulated government approvals.
  • Agency may permit individuals having tankers with a license from outside the Emirate to conduct operations therein pursuant to the conditions and controls for which a resolution from Agency Director shall be issued.

  • Tanker Shall meet the following:
    1. Its design and manufacturing shall be leak-proof, pressure-withstand during operations and easily cleaned and maintained.
    2. Size of domestic wastewater tanker shall not be less than 3000 lb/UK gal., and not more than 10,000 lb/UK gal.
    3. Size of fats tankers shall be 1000 lb/UK gal., and tankers shall be provided with fats and grease traps cleaning means.
    Agency may add any other technical requirements.

  • Operator shall supply Tanker with Agency-approved technical systems that enable the same to monitor, maintain and sustain operations to perform the purpose intended for the same.
    Director shall issue a resolution to determine technical requirements of tracking devices approved by the Agency and manner and conditions of tracking.
  • Operator shall register the tanker with the Agency before practicing the operations after submitting an evidence practice license. Registration shall be renewed annually under the same procedures and conditions and it is deemed null if the tanker fails to comply with one of the legally prescribed conditions.
  • Operator Shall maintain a special operations record for not less than one year to be provided upon request by the Agency staff. Under a resolution from Director, data to be recorded in register and the method of recording shall be determined.
  • Tanker Operator shall commit to the following:
    1. Not to use the tanker for any purposes other than its intended ones;
    2. Follow the prescribed safety and security procedures whenever conducting Operations;
    3. Only to transfer domestic wastewater using industrial or commercial wastewater tankers after cleaning the same pursuant to the specifications approved by Agency in this regard;
    4. Only to transfer commercial or industrial sewage after ensuring that fats and oils are separated by its traps; and
    5. To discharge wastewater into specified discharge facility pursuant to Agency-specified discharge requirements.

  • No wastewater shall be discharged in discharge facility if it contains substances harmful to the receiving system or treatment process, or hazardous materials. This water shall be discharged into the specified landfill at the expense of the violator subject to specified environment standards and Agency requirements stipulated in this regard.
  • Fats, grease and oils, resulted from cleaning traps, shall be transferred to recycling facilities approved by Waste Agency or the landfill specified as the case may be.
  • Treated wastewater shall only be transferred after obtaining a permit from Agency wherein quantity, usage and the entity transferred thereto is indicated.
  • Table No. (1), attached hereto, shall be approved and may be amended by Chairman of the Executive Council under a resolution issued thereby upon a proposal from the Director.
  • Without prejudice to any more severe punishment stipulated by other law, whoever violates the provisions herein shall be punished by penalties and measures indicated in table No. (2), attached herein that shall be amended under a resolution from the Chairman of the Council upon a proposal of the Director.

  • Collected fines shall be transferred to the Agency. However, the internal financial policies shall determine the percentages of entitlements stipulated for Department.
  • Concerned parties may file grievance on the special form within (10) ten days from the date of the seizure minutes if the violator is present, or from the date of violation notice if the same fails to appear. The grievance shall be  considered before established committee pursuant to the provision of Article No. (18) of law No. 3 of 2017 on Establishing Public Services Department. The grievance shall cause the suspension of fine collection procedures until adjudication therein.
  • This law shall come into force from the date of its issuance and be published in the Official Gazette.
Classification
  • Civil Legislation
  • Economic Legislation
  • Penal Legislation
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