Republika Makedonija NARODEN PRAVOBRANITEL Republika e Maqedonisë AVOKATI I POPULLIT Republic of Macedonia OMBUDSMAN SURVEY ON THE SITUATION WITH THE WASTE DIS- POSAL IN THE REPUBLIC OF MACEDONIA July-October, 2016 Title: Survey on the situation with the waste disposal in the Re- public of Macedonia Publisher: Ombudsman of the Republic of Macedonia Editing board: Ombudsman of the Republic of Macedonia Translation: Slavica Dimitrievska Graphic design: Keti Stefkova, Vladimir Sidorovski Circulation: 150 TABLE OF CONTENTS: Introduction - Ixhet Memeti, Ombudsman of the Republic of Macedonia 1. LEGAL FRAMEWORK 104 2. THE SITUATION IN THE MUNICIPALITIES ACCORDING TO OBTAINED DATA 106 3. CONCLUDING REMARKS ON THE SITUATION WITH WASTE DISPOSAL IN THE MUNICIPALI- TIES 118 4. REGIONAL WASTE MANAGEMENT 121 5. CONCLUDING REMARKS ON REGIONAL WASTE MANAGEMENT 125 6. FIELD INSPECTION 128 - Regional landfill “Drisla”, Skopje 128 - Landfill besides the local road at the outskirts of Gostivar 129 - Regional landfill “Rusino”, Gostivar 130 - Transfer station Tetovo 132 - Landfill Kichevo 133 - Landfill Ohrid 134 - Landfill Gevgelija 135 - Landfill Kumanovo 138 - Landfill Kochani 139 - Landfill Shtip 140 - Landfill Strumica 141 INTRODUCTION Living in a healthy environment is a fundamental human right. This right should be guaranteed by the state in a manner of securing conditions for its implementation. On the other hand, the citizens are those who should also contribute in promotion and protection of the healthy environment. Hence, despite the constitutionally guaranteed right to live in a healthy environment, of concern is the fact that already for years the state institu- tions do not pay sufficient attention and do not take concrete measures to preserve and improve the environment. Furthermore, there is a lack of qual- ity implementation of systematic solutions to the problems relating to the environment, being left on the sidelines of the obligations undertaken by the institutions. Considering the importance of the right to a clean and healthy environ- ment, in 2016 the Ombudsman conducted a research on the situation with the waste disposal and waste management in the Republic of Macedonia. For this purpose, we obtained information and data on the current situation with the landfills in each municipality, and we conducted a field visit to a number of landfills. In terms of the findings and recommendations, I expect the authorities to seriously take into consideration the quality implementation of the regula- tions governing this matter. At the same time, the authorities should start with preparation and implementation of specific projects for regional waste man- agement or construction of landfills according to all standards for the purpose of proper exercise of the right to a healthy environment. OMBUDSMAN Ixhet Memeti Survey on the situation with the waste disposal in the Republic of Macedonia In accordance with its responsibilities arising from the Law on the Om- budsman (Official Gazette no. 60/03, 114/09, 181/16 and 189/16), the Om- budsman is a body that protects the constitutional and legal rights of citizens when they are violated with acts, actions and omissions by state administration bodies, by other bodies and organizations with public authority, units of local self government and public institutions and services. In this context the Om- budsman acts upon complaints relating to environmental protection. The right of the citizens to live in a healthy environment is an integral part of the corpus of constitutionally guaranteed rights, according to Article 43, “Everyone has the right to a healthy environment. Everyone is obliged to protect and improve the environment and the nature. The Republic provides conditions for exercising the right to a healthy environment.” The waste disposal is a process that directly affects the environment and human health. The improper waste disposal pollutes the air and the soil- groundwater which affects the whole biodiversity. Having in mind the informa- tion that currently the waste is disposed in official municipal landfills or wild dumps that do not meet the prescribed norms and standards, according to its Work Program for 2016, the Ombudsman conducted a survey for assessing the situation in the country with the waste disposal. The Ombudsman submitted a questionnaire to all 71 local self government units in Macedonia and Skopje. The aim of the survey was to determine whether and in which cities the landfills are built in accordance with the legal standards, so as to assess the manner they are managed. The Ombudsman has asked the municipalities and the City of Skopje to give answer to the following issues: • do they have a local landfill or do they use a regional one; • in case the municipality does not have its own landfill, nor it uses a regional one, in which manner the issue of waste disposal is resolved; in case the municipality uses its own / regional landfill, whether the landfill is constructed according to prescribed legislative provisions, do they possess a work permit and integrative environment permit; • what are the available human, material and technical resources for performing this activity; the possibilities for sorting the waste; • whether the municipality has a proper place for transfer station built in accordance with the legislative provisions; • whether the municipality has a plan / program for waste management; whether the municipality has created or used specific study on the im- 102 pact upon the human health, the environment and the nature; • whether the municipality has created a department or has designated a person for waste management; • if the municipality does not have a landfill that meets the prescribed minimum technical conditions due to lack of financial means, which ac- tions have been taken for overcoming the situation in terms of applying for loans, utilization of foreign funds and similar concrete measures to be taken in the upcoming period for improving the conditions in this field. www.ombudsman.mk 103 Survey on the situation with the waste disposal in the Republic of Macedonia LEGAL FRAMEWORK The Republic of Macedonia has completed the legal framework that regu- lates this area, while as the national legislation complies with the legislation of the European Union. The harmonization process began in 2003 when series of laws were adopted - Environmental Law, the Law on Waste Management, the Spatial Plan of Macedonia, Strategy for Waste Management of the Republic of Macedonia (2008-2020), the National Waste Management Plan (2009-2015) of the Republic of Macedonia, the Law on management of packaging and waste packaging. For more detailed regulation of the landfill operation, there are a number of bylaws as: • Rulebook on the conditions that should be met by the landfills, • Rulebook on the criteria for acceptance of the waste of each class in the landfills, preparatory procedures for the acceptance of the waste, general testing procedures, sampling and acceptance of the waste, • Rulebook on the form and content of the request for establishment of a landfill for hazardous and inert waste and Rules on the method of operation, monitoring and control of the landfill during the phase of closure and further maintenance of the landfill after the closure and the manner and conditions of care about the landfill once they stop operating, • Rulebook on the manner of functioning of the integrated system for removing waste, • Rulebook on minimum technical requirements in terms of environmen- tal protection to be met by waste transfer stations, the conditions to be met by the sites where the waste transfer stations should be built, as well as deadlines for storage of waste in the waste transfer stations according to its type, 104 • Rulebook on the manner and conditions of waste storage and the con- ditions to be met by the locations where the waste storage is done, • Rulebook on the measures that must be undertaken by the manufac- turers, the owners and the entities that deal with used vehicles for protection of the environment, their components and materials, targets and deadlines and the manner and conditions of storage, the form and content of the confirmation document for undertaking the vehicle that should be destroyed, • Rulebook on the manner of handling the waste tires, and the condi- tions to be met by the legal entities and the individuals who import used tires, • Rulebook on the amount of biodegradable components in the waste that can be disposed, • Rulebook on the form and content of the application for a permit, and the form and content of the landfill operator, • Rulebook on requirements in terms of facilities and equipment for waste disposal, and the conditions and manner of training program for employees, • Rulebook on limit values of emissions from burning and incineration of waste and the conditions and manner of operation of incineration and co-incineration, • Rulebook on the form and content of the application for a permit, and the form and content of the license for conducting business - operator of the incineration or co-incineration, • Rulebook on procedures and manner of collection, transportation, pro- cessing, storage, treatment and disposal of waste oils, the method of keeping records and submitting data, • Rulebook on the manner of handling medical waste, etc. www.ombudsman.mk 105 Survey on the situation with the waste disposal in the Republic of Macedonia THE SITUATION IN THE MUNICIPALITIES ACCORDING TO OBTAINED DATA From a total of 71 municipalities, 67 answered the questionnaire while as the municipalities of Arachinovo, Valandovo, Dolneni and Kichevo did not act upon the Ombudsman’s request. The answers vary in quality and scope of received data, but what can be drawn as a general conclusion, the obtained data vis-à-vis the legislation, is that the situation with the management of solid waste (deposit waste) in the Republic of Macedonia is substandard and almost never observes any legal norm in that respect. • Berovo Municipality uses its own local landfill which is not stand- ardized and does not have integrated environmental permit, it uses over 90% of its capacities.