KINGDOM OF CAMBODIA

Nation – Religion – King

 

The Royal Government

42 ANK/BK

ANUKRET on

The Control of Air Pollution and Noise Disturbance

 

-       Having seen the Constitution of the;

-       Having seen the Royal Decree No. NS/RKT/1198/72 of November 30, 1998 on the Appointment of the Royal Government of Cambodia;

-       Having seen Kram No. 02 /NS/94 of July 20, 1994, promulgating the organization and Functioning of the Council of Ministers;

-       Having seen Kram No. NS/RKM/0194/21 of January 24, 1996, promulgating the Law on the Establishment of the Ministry of Environment;

-       Having seen Kram No. NS/RKM/1296/36 of December 24, 1996, promulgating the Law on the Environmental Protection and Natural Resources Management;

-       Having seen Anukret 57/ANK/BK of September 25, 1997 on the Organization and Functioning of the Ministry of Environment;

-       Pursuant to the approval of the Council of Ministers at its plenary session of June 9, 2000;

 

Hereby Decides

 

CHAPTER 1

General Provisions

 

Article 1:             

The purpose of this sub-decree is to protect the quality of the environment quality and public health from air pollutants and noise disturbance through monitoring, curbing and mitigating activities.

 

Article 2:

This sub-decree applies to all movable sources and immovable sources of air pollution and noise disturbance.

 

Article 3:

The meaning of technical terms used in this sub-decree shall be interpreted as follows:

 

a)       "Source of pollution" is divided into two types:

 

-          A movable source refers to an emission source without permanent location such as an aircraft, ship, vehicle, machinery, and all kinds of loud speakers.

-          An immovable source refers to sources with a permanent location such as a factory, enterprise, warehouse, construction site, incinerator, loud speakers, handicraft, and all kinds of farms.

 

b) "Pollutant" refers to smoke, dust, ash particle substance, gas, vapor, fog, odor, or a radioactive substance.

 

c) "Flammable substance" refers to fuel oil, coal, natural gas that may be flammable.

 

d) "Standard" means the maximum level of pollutant substances permissible in the environment or which may be emitted into the environment.

 

CHAPTER 2

Provisions on Emission of Air Pollutants and Noise

 

Article 4:             

Air quality standard shall be specified in the Annex-1 of this sub-decree.

The standard of maximum quality of hazardous substance permitted in the air shall be specified in the Annex-2 of this sub-decree.

 

Article 5:

The standard of maximum permissible polluting substances emitted from immobile sources into the atmosphere shall be specified in the Annex- 3 of this sub-decree.

This standard of smoke emission from movable sources shall be specified in the Annex- 4 of the sub-decree.

 

Article 6:

In necessary cases, the standards as stipulated in the Articles 4 and 5 of this sub-decree shall be recognized and changed every 5 years, based on a proposal of the Ministry of Environment.

 

Article 7:

The standard for noise emission from various sources like vehicles, manufacturing places and the standard for maximum noise emission for public and residential areas shall be specified in the Annex 5, Annex 6 and Annex 7 of this sub-decree.

 

Article 8:

The emission of pollutants into the atmosphere, which exceeds the standard as stipulated in the Annex 3 and Annex 4 of this sub-decree, shall be strictly prohibited.

 

Article 9:

Noise emission, which exceeds the standard as, stipulated in the Annexes 5, 6 and 7 of this sub-decree shall be strictly prohibited.

 

Article 10:

The importation and production of flammable substances containing sulfur, lead, benzene and hydrocarbon shall be complied with as stipulated in the Annex 8 of this sub-decree.

Article 11:

The importation, utilization, production of vehicle and all kinds of machinery in Cambodia, which emit pollutants and noise exceeding the standard as stipulated in the Annex 4 and Annex 5 of this sub-decree, shall be strictly prohibited.

 

Article 12:

The discharge or leakage of various flammable substances, fuel-oil, radioactive or chemical substances into the atmosphere, water and land shall be strictly prohibited.

 

CHAPTER 3

Application for Authorization

 

Article 13:

The emission of pollutants and noise from immovable source into the atmosphere shall be authorized by the Ministry of Environment and a copy such application shall be sent to the relevant ministries and institutions.

 

Article 14:

The application for importation of flammable substances shall have attached analytic results  indicating the quantity of pollutants, such as sulfur, lead, benzene, or hydrocarbon from the original source of importation or production.

 

Article 15:

The application for authorization to discharge pollutant substances and noise as stipulated in Article 13 of this sub-decree shall be applicable to both new pollutant sources and existing and on-going activities, provided that there is an evaluation report of environmental impacts.

 

Article 16:

The owner or person who is responsible for pollution sources as stipulated in the Article 13 of this sub-decree shall applied for authorization from the Ministry of Environment:

 

-          40 days before the project commencement in Phnom Penh;

-          60 days before the project commencement in the province or municipality.

 

CHAPTER 4

Pollution Source Monitoring

 

Article 17:

The monitoring of the quantity of flammable substances, air pol1utant emissions and noise caused by immovable sources shall be the responsibility of the Ministry of Environment.

 

Article 18:

The monitoring of gas and noise emissions from movable source is the responsibility of the Ministry of Environment with the cooperation of relevant ministries and institutions. The monitoring procedure shall be determined by a joint declaration among relevant ministries.

 

Article 19:

The Ministry of Environment shall prepare technical guidelines on the method for monitoring  pollution sources, sampling locations, and air and noise quality analysis.

 

Article 20:

The Ministry of Environment shall take a sample at all emission points of pollution sources. The owner or person who is responsible for a pollution source shall cooperate with and facilitate the work of environmental officials who conduct testing to fulfill their technical duty.

 

Article 21:

During an environmental inspection or activity aimed at controlling at pollution sources, the Ministry of Environment inspectors may analyze the sample at such place or take them to an environmental laboratory for analysis.

 

Article 22:

The owner or person who is responsible for pollution sources shall bear the cost of analysis of his/her own sample following the tariff determined by the Ministry of Environment and the Ministry of Economy and Finance. This income shall be transferred to the national budget in order to be allocated to the Environmental Endowment Fund Account.

 

Article 23:

The owner or person who is responsible for pollution sources may ask to have his/her pollution sample tested at other public or private laboratories which are formally recognized when such laboratories carry out the same analytical method as those used in the Ministry of Environment's laboratory.

 

Article 24:

 

The owner or person who is responsible for a pollution source shall:

 

-          Be responsible for procurement and installation of any equipment to purify toxic substances and to reduce noise and vibration in order to respond to air pollution standard;

-          Be responsible for installing the equipment for measurement of the amount of pollutants contained in his/her pollution sources and maintain the result in its record, a  report of which shall be sent to the Ministry of Environment every 3 months;

-          Choose one environmental expert to be responsible for managing environmental affairs and preparing environmental protection plans for their institution for which the ministry of environment provides training at the request of the owner. 

 

Article 25:

If it is found that the discharge of toxic substances and noise from any pollution source fails to meet the standard as stipulated in the Articles 5 and 7 of this sub-decree, the Ministry of Environment shall:

 

a)       Issue a written order requiring the owner or responsible person of such pollution source to correct the violation activities immediately within a specified period of time;

b)       Issue a written order requiring the owner or responsible person of such pollution source to stop his/her activities temporarily until the violation is corrected if the violation activities cause any harm to public health and environment quality.

 
CHATER 5

Monitoring of Air Quality

 

Article 26:

The Ministry of Environment shall regularly control and monitor the situation of the air quality within the  in order to take measures to prevent and reduce air pollution.

 

Article 27:

Tile Ministry of Environment shall maintain data relating to the result of air quality testing and to assess the status of air quality and shall publicly disseminate the status of air quality and the situation concerning air pollution within the .

 

Article 28:

If it is found that any area is affected by air pollution which may threaten human life or environmental quality, the Ministry of Environment shall immediately notify the public about such danger and investigate to find out the sources of pollution and shall take measure to prevent air pollution and to restore the air quality.

 

CHATER 6

Inspection Procedure

Article 29:

During the course of inspection of pollution sources, the Ministry of Environment's inspector shall apply the following procedures:

 

a)       To present his/her identity card and mission letter when entering into the premise or any site of pollution for conducting inspection or sampling or checking records;

b)       Primary minutes and report of inspection or sampling shall be done at the site of inspection with the participation of a witness if necessary;

c)       The inspectors may ask questions and require the owner or responsible person of the  source of pollution to provide  information and other relevant documents which are useful for report making and minutes as evidence;

d)       One copy of the minutes or report shall be given to the owner or the responsible person of the source of pollution and one copy to the representative of concerned ministries and another copy shall be kept at the Ministry of Environment.

 

Article 30:

Where there is a complaint or report that any source of pollution discharges, air pollutant, noise, vibration which cause any harm to human health or public property, the Ministry of Environment, in collaboration with concerned ministries, is entitled to conduct inspection at such source of pollution and take samples for testing.

 

Article 31:

In the case of serious incident or imminent danger resulting from air pollution or noise, the Ministry of Environment shall make an urgent inspection of the above incident or serious danger and shall inform the concerned ministries and local authority of such problem.

 

Article 32:

In the case of a clear offense that causes air pollution or noise disturbance, the inspector of the Ministry of Environment shall:

 

a)       Take minutes, collect and withhold evidence of such offense and impose transitional fine if such offense does not cause any serious contamination or affect human health, public properties and environment quality.

b)       Collect and withhold evidence of such offense for making statement and forward the case to the competent agency, if this offense causes serious pollution or affect to human health or public properties and environment quality.

 

CHAPTER 7

Penalty

Article 33:           

Violations of this Sub-decree shall be fined and punished according to the Articles 20, 21, 22, 23 and 25 of the Chapter 9 of the Law on Environmental Protection and Natural Resource Management.

 

Article 34:

The Ministry of Environment's official is responsible for making a report of prosecution for any person who violates any article of this sub-decree. The Ministry of Environment shall take legal action against any offense of this sub-decree.

 

Article 35:

Any environmental inspection official or agent who is negligent, fails to pay attention to, fails to comply with the Ministry's regulations, or conspires with a violator or facilitates the commission of a violation, shall be subject to administrative sanction or face prosecution before the court.

 

CHAPTER 8

Final provisions

 

Article 36: Any provision contrary to this sub-decree shall be deemed abrogated.

 

Article 37:

The Minister in charge of the Council of Ministers, the Ministers of relevant ministries and institutions shall co-operate with Ministry of Environment and implement this sub-decree according to their duty

 

Article 38:

This sub-decree shall enter into legal force from the date of signature.

 

 

Phnom Penh, July 1, 2000

 

 

Hun Sen

 

 

Having submitted to Samdech

Prime Minister for signature.

Minister of Environment:   Mok Mareth

 

 

 

 

Annex to Anukret No. 42/ANK/BK of July 10, 2000

 

 

ANNEX 1

Ambient Air Quality Standard

 

 

 

No.

 

Parameter

1 Hour Average  mg/m3

8 Hours Average  mg/m3

24 Hours Average mg/m3

1 Year Average mg/m3

1

Carbon Monoxide (CO)

40

20

 

 

2

Nitrogen dioxide (NO2)

0,3

 

0,10

 

3

Sulfur dioxide (SO2)

0,5

 

0,30

0,10

4

O Zone (O3)

0,2

 

 

 

5

Lead (Pb)

 

 

0,005

 

6

Total Suspended Particulate (TSP)

 

 

0,33

0,10

 

Remark:

 

-     This standard applies to ambient of air quality and to monitoring of air pollution status.

-     Method for analysis of ambient air quality is specified in the guideline of the Ministry of Environment.

-     TSP = Total Suspended Particulate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                          

Annex to Anukret No. 42/ANK/BK of July 10, 2000

 

ANNEX 2

Maximum Allowable Concentration of Hazardous

Substance in Ambient Air

 

 

No.

Name Chemical Substance

Formula

Maximum Level (mg/m3)

1

Aniline

C6H5NH2

0,03

2

Ammonia

NH3

0,2

3

Acetic Acid

CH3 COOH

0,2

4

Sulfuric Acid

H2SO4

0,3

5

Nitric Acid

HNO3

0,4

6

Ben Zene

C6H6

1

7

Ben Zidine

NH2C6H4C6H4NH2

 

8

Carbondisulfide

CS2

0,02

9

Chloroform

CHCl3

0,01

10

Carbontetrachloride

CCl4

3

11

Particle containing Asbestos

-

 

12

DDT

C8H11Cl4

0,5

13

Formaldehyde

HCOH

0,012

14

Hydrogen Arsenic
AsH3

0,002

15

Hydrogen Cyanide
HCN

0,01

16

Hydrogen Fluoride
HF

0,002

17

Hydrogen Sulfide
H2S

0,001

18

Phenol
C6H5OH

0,01

19

Styrene