Waste Management Law in Saudi Arabia

The Waste Management Law in the Kingdom of Saudi Arabia is a set of legal rules and procedures governing waste management. It was issued by Royal Decree and a decision of the Council of Ministers on August 13, 2021, and consists of thirty-eight articles. This law replaced the Municipal Solid Waste Management Law, which was issued on July 25, 2013.

According to Articles Two and Three, the Waste Management Law aims to regulate all waste-related activities, including its transportation, sorting, storage, import, export, treatment, and safe disposal, in addition to the post-care of waste disposal sites. The provisions of the law do not apply to radioactive, nuclear, or military waste.

According to Article Nine of the Waste Management Law, the National Center for Waste Management is responsible for preparing the comprehensive strategic plan for waste management in the Kingdom, in coordination with relevant entities, as well as preparing emergency plans.

Each relevant government entity is required to develop its own waste management implementation plans in alignment with the comprehensive strategic waste management plan issued by the National Center for Waste Management.

According to Article Ten of the Waste Management Law, the National Center for Waste Management is responsible for issuing the requirements and regulations that service providers and waste producers must adhere to. It also classifies waste based on its impact and danger to the environment and public health, while establishing the necessary rules and conditions for this purpose.

The center also regulates the relationship between the relevant authority and waste management service providers, in accordance with the conditions, standards, and regulations specified in the bylaws.

According to Article Twenty-Two of the law, the Board of Directors of the center determines the fees for licenses, permits, services, and activities provided within its scope of work. It also sets the fees for waste producers, taking into consideration the operational costs incurred by the relevant authorities.

According to Article Four of the Waste Management Law, no waste management-related activity may be conducted without obtaining a license or permit from the National Center for Waste Management, in accordance with the conditions and requirements for each activity as specified in the regulations.

According to the provisions of the Waste Management Law, anyone engaged in waste management activities must present the environmental and economic outcomes, following the priorities below:

1- Recycling.

2- Resource recovery.

3- Safe disposal.

Article Six of the Waste Management Law stipulates that anyone involved in implementing programs, plans, or voluntary initiatives related to waste management must comply with the regulations issued by the National Center for Waste Management, as specified in the law's regulations.

Article Seven of the Waste Management Law stipulates that ownership of waste is transferred to the state in two cases: When the waste is placed in designated containers or near them, and when the waste is placed in any public storage location or in safe disposal sites.

The National Center for Waste Management has the right to manage waste in a manner that ensures financial sustainability and covers the operational costs of the relevant authorities. The relevant authorities may also manage waste, provided they receive approval from the center.

According to Article Eight of the Waste Management Law, it is prohibited to leave, burn, bury, dump, or dispose of waste of any kind in locations that are not designated for such purposes.

According to Article Eleven of the Waste Management Law, waste producers must adhere to several measures, including rationalizing the use of materials and natural resources, reusing products, reducing waste, storing waste in designated areas, and sorting waste that can be reused or recycled, to ensure it is placed in the appropriate locations after production. The types of waste subject to these measures are specified in the regulations.

As stated in Articles Twelve and Thirteen of the Waste Management Law, residential and commercial complexes, as well as government administrative entities, are required to contract with a service provider authorized by the National Center for Waste Management. The captain or owner of a marine vessel is required to deliver the waste generated by the vessel or its operation, as well as all waste covered under international agreements to which the Kingdom is a party, to waste reception facilities operating at ports or in accordance with the procedures set by the relevant authorities for handling marine vessel waste.

According to Article Thirteen of the Waste Management Law, the Ports Authority is required to provide a mechanism for waste reception facilities to handle waste generated by port activities and marine vessels or to send the waste to other facilities licensed by the National Center for Waste Management for disposal. All ports must contract with service providers licensed by the National Center for Waste Management to transport and process waste at the ports or resulting from their operations. Additionally, a copy of the records and documents related to the reception of marine vessel waste must be submitted to the center periodically.

Article Fourteen of the Waste Management Law stipulates that every producer and importer must assume extended producer responsibility, ensuring financial sustainability in the waste management sector, based on the principles of a circular economy. The regulations specify the necessary procedures, controls, and requirements for this purpose.

According to Article Sixteen of the Waste Management Law, the service provider must dispose of waste using the methods specified by the National Center for Waste Management. Additionally, the service provider must ensure the accuracy of the information related to the waste they receive and complete the details of the transport document record. Service providers contracted with government entities are required to submit regular reports to the center. Service providers responsible for transport, treatment, storage, and safe disposal must adhere to the requirements of the transport document. Moreover, recycling, treatment, and safe disposal service providers are required to accept any type of waste that falls within their licensed areas of responsibility.

The transportation of hazardous waste by the service provider is subject to several regulations, as outlined in Article Seventeen of the Waste Management Law. These include: transporting waste using vehicles that meet the specifications set by the National Center for Waste Management, placing warning labels on the transport vehicles, ensuring that the required documentation for hazardous waste is available, notifying the relevant authority about the routes of hazardous waste transport vehicles, and informing them of any changes. Additionally, transport vehicles for hazardous waste must not pass through residential areas or city centers during the times designated by the relevant authority. The service provider must also notify the authority of the locations where hazardous waste transport vehicles are parked and ensure that the vehicles are washed and disinfected after each use according to the instructions and guidelines, in coordination with the relevant authority.

Article Eighteen of the Waste Management Law states that if the service provider is unable to deliver the waste, in all its forms, to the designated destination, it must be returned to the waste producer, who will then be responsible for taking the necessary measures to treat and dispose of it.

Article Nineteen of the Waste Management Law outlines the provisions for importing and exporting waste, without prejudice to the relevant provisions of international agreements to which the Kingdom is a party. The following are the key provisions for importing and exporting waste:

- It is prohibited to import or bring hazardous waste into the Kingdom, its territorial waters, or other maritime areas over which the Kingdom exercises sovereignty or jurisdiction according to international law, without obtaining a license. The necessary conditions for this are specified in the regulations.

- The import, export, re-export, or transit of waste or recycled materials specified by the National Center for Waste Management is not permitted without obtaining a license.

- It is prohibited to import, export, recycle, or dispose of used devices, equipment, products, or those classified by the National Center for Waste Management as waste, without obtaining a license.

- The safe disposal or treatment of any waste, materials, equipment, used devices, or recycled products must be conducted according to the regulations.

- The Board of Directors of the National Center for Waste Management is required to propose the collection of fees for the import, export, or transit of waste and submit the proposal according to the legal procedures.

 Articles Twenty and Twenty-One of the Waste Management System stipulate that the Minister of Environment, Water, and Agriculture, who serves as the Chairman of the National Waste Management Center, or his delegate, shall take precautionary measures in dealing with emergency situations. These measures include: activating the emergency plan related to waste management activities in cases of necessity or exceptional circumstances, as defined by the regulations; in addition to partially or fully suspending activities—depending on the circumstances—for a period not exceeding thirty days in the event of any violation that requires urgent action to prevent a disaster, and referring the violator to the competent authority for investigation.

In the event of emergencies or serious errors that disrupt the waste management process, the service provider must notify the National Center for Waste Management. Additionally, the provider is required to submit a report outlining the causes of the incident, the measures taken to control it, and the resulting impacts, in accordance with the specified regulations.

Article Twenty-Four of the Waste Management Law outlines the damages that give rise to civil or criminal liability, or both. These include the loss or damage of property, economic loss resulting from such damage, the costs of restoring the natural state of the affected environment (unless measures to restore it have already been taken), loss of income generated from the damaged environment, death, injury, or disability. This is in addition to any rights or compensation that may arise under other laws. The law requires that these damages must have resulted from intentional actions, gross negligence, poor waste management, or non-compliance with the law or its regulations.

According to Article Twenty-Five of the Waste Management Law, a service provider operating a waste management facility, upon obtaining a license, is required to provide a financial guarantee or insurance that covers their liability for damages related to civil responsibility.

According to Article Twenty-Six of the Waste Management Law, both the waste producer and the service provider bear civil and criminal liability for any harm or danger to the environment, public health, or safety, as stipulated by the relevant legal provisions. They are also responsible for addressing and removing any damages or risks to the environment or others resulting from their waste management activities and the byproducts generated. Waste must be transported in a manner that does not cause environmental pollution. In the event of pollution caused by transportation activities, the transporter is responsible for cleaning up and restoring the environment to its natural state, as well as for any resulting damages.

According to Article Twenty-Eight of the Waste Management Law, inspectors, either individually or collectively, are responsible for detecting, documenting, and investigating violations of the law and its regulations. The bylaws specify the mechanisms for their operations. It is prohibited to prevent or obstruct an inspector from performing their inspection and enforcement duties. Inspectors must present their official identification when carrying out their responsibilities. The Minister of Environment, Water, and Agriculture may delegate certain inspection and administrative violation enforcement tasks to specialized and qualified companies, in accordance with the standards and criteria outlined in the regulations.

Article Twenty-Nine of the Waste Management Law stipulates that anyone who stores, burns, processes, dumps, or disposes of waste in a manner that poses a threat to public health or causes harm to the environment shall be subject to imprisonment for a period not exceeding ten years, a fine not exceeding SAR30 million, or both penalties.

Article Thirty-One of the Waste Management Law states that the competent court handles the violations mentioned in Article Twenty-Nine of the law. The court is authorized to do the following:

- Impose the penalties stipulated in Article Twenty-Nine of the law.

- Order the confiscation of the seized items related to the violation.

- Impose a fine for each day the violator continues their violation, not exceeding 10 percent of the fine amount specified in Article Twenty-Nine, with the fine calculation starting from the date determined by the ruling.

- Double the fine imposed on the violator in case of repeat offenses. A repeat offense is considered when the violator commits the violation again within three years from the date the initial judgment becomes final.

- Include in the ruling a provision to publish a summary of the judgment at the violator's expense in a local newspaper issued in the place of their residence. If no newspaper exists in their place of residence, it may be published in the nearest region, or in any other appropriate medium, depending on the type and severity of the violation and its impact, provided that the publication occurs after the judgment becomes final.

According to Article Thirty-Two of the Waste Management Law, anyone who violates the provisions of the law, its regulations, or the conditions of licenses and permits—except for violations mentioned in Article Twenty-Nine—will be subject to one or more of the following penalties:

a. A fine not exceeding SAR10 million.

b. Suspension of the license or permit for a period not exceeding six months.

c. Revocation of the license or permit.

The penalty is doubled for repeat offenders. A repeat offender is defined as anyone who commits the violation again within three years from the date the previous decision became final, either by the expiration of the legally prescribed period or when the issued judgment becomes definitive.

The Minister of Environment, Water, and Agriculture will issue a classification schedule for violations—excluding those mentioned in Article Twenty-Nine of the Waste Management Law—and will specify the penalties within the limits set forth in this article. The schedule will take into account the nature and severity of each violation, as well as any aggravating or mitigating circumstances. The National Center for Waste Management is responsible for imposing fines not exceeding SAR100,000, in accordance with the classification schedule.