Solid and Liquid Waste Management
| Author | Winston Anderson |
| Pages | 257-281 |
Page 257
12. Solid and Liquid Waste Management
Although there is an obvious and substantia l
overlap between pollution regulation and
waste management, there is an increasing
trend toward separate institutional a nd regulatory
treatment of the two.1 Several legislative initiatives,
for example, dene “pollution” and “waste” as sepa-
rate items for regulatory purposes. Given that regu-
lation of pollution has already been considered,2 the
present concern is w ith regulatory management of
waste.
Waste—generated by most human activity—
is a by-product of being a live and of carrying out
activities. Factors responsible for t he increasing
amounts of waste include a growing population,
increased per capita income, chang ing patterns of
personal and household consumption, and rapid
development of the tourism and industrial sectors.3
1. See, e.g., Environmental Health Services Act, No. 4, Ch. 232,
§2(1) (1987) (Bah.), where “pollution” means the state result-
ing from the presence of a pollutant, and “solid waste” includes
ashes, garbage, refuse, litter, and other discarded solid material
resulting from domestic, industrial, commercial, and agricultural
operations and from community activities, but does not include
sewage. Environmental Health Services Act, No. 14, §2 (1991)
(St. Vincent), contains the same denitions as laid down in the
1987 act of e Bahamas. See also Natural Resources Conservation
Authority Act, No. 9 (1991) (Jam.), which establishes the Natural
Resources Conservation Authority (now National Environment
and Planning Agency) with a mandate under §4(1) to take such
steps as are necessary for the eective management of the physical
environment of Jamaica to ensure the conservation, protection,
and proper use of its natural resources. However, there is a
separate National Solid Waste Management Act, No. 27 (2001)
(Jam.). Similarly, in Belize the Environmental Protection Act,
No. 22,Cap. 328 (1992), which deals extensively with pollution,
is supplemented by the Solid Waste Management Authority
Act, No. 13, Cap. 224 (1991) (Belize), and the Water Industry
Act, No. 1 (2001) (Belize). Note that in Trinidad and Tobago,
both pollution regulation and waste management fall within the
scope of the duties of the Environmental Management Authority
established by the Environmental Management Act, No. 3, Ch.
35:05 (2000) (Trin. & Tobago).
2. For a more complete discussion of this subject, see chapter 11,
above.
3. See U N E P, C
E O 25 (1999), where the following appears:
It is widely conceded that waste is among the most
critical environmental issues facing the Carib-
bean. Regulation of waste featured prominently
in the Port of Spain Accord on priority issues and
problems,4 and it dominated 4 of the 14 principal
areas nominated for development of urgent reme-
dial strategies.
e need for solid and liquid waste manage-
ment has been highlighted. Solid waste tends to be
highly visible, it is often placed in poorly managed
garbage dumps, and it contributes signicantly
to t he contam ination of groundwater and lagoon
areas.5 Because of the limited capacity to monitor
and report on the waste stream, the true extent of
the problem remains insuciently understood.
Environmentally sound disposal methods, such as
sanitary landlling and composting, a re not prac-
ticed on any signicant scale, and shortage of land
ree decades ago, the daily per capita generation of
waste in the Caribbean was approximately 500 grams per
person. In 1996 it was estimated to be between 500 and
1000 grams (PAHO/WHO 1996). In 1994 the volume
of waste disposed of at the major landlls in Trinidad and
Tobago was 44 per cent above the 1979 gure whereas the
population increased by 30 per cent over the same period
(Goddard 1887). In addition to locally generated waste,
the increasing popularity of the Caribbean as a destination
for cruise ships and yachts has led to an increase in the
volume of waste at ports.
See also S I J/N E-
P A, J’ E
: E S S E-
R 10 (2001). is report suggests that recent data
indicate increasingly higher waste generation. For the Kingston
metropolitan area, it is estimated by the Metropolitan Parks and
Markets that about 1,200 tons of wastes are generated daily, which
translates to more than 500,000 tons per year in the Kingston
area alone.
4. W A, C I I-
L 501 (1994).
5. See Programme of Action for the Sustainable Development of Small
Island Developing States reprinted in R G
C S D S
I D S A/C./ (), http://
www.sidsnet.org/docshare/other/BPOA.pdf.
Page 258 Principles of Caribbean Environmental Law
space and resources available for safe disposal com-
pound the problem.6
Disposal of liquid waste also poses serious prob-
lems. A relatively small percentage of t he popula-
tion of the Caribbean is served by a centralized
sewer system.7 Pit latrines are the main method for
disposal of human waste, and a great deal of sew-
age is routinely deposited into watercourses. Hotel
plants and yachts are known to discharge untreated
sewage into inshore waters. Approximately 64%
of the total wastewater from untreated industrial
process euent is discharged into the coasta l zone,
sea, or surface water, and another 25% into t he
ground.8
Management of Toxic and Hazardous
Substances
Management of toxic and hazardous substances,
including the control of agrochemical residues, has
been mandated. Toxic chemicals are particularly
signicant contributors to land contamination, as
well as marine and coastal degradation. Ma ny of
these chemicals are fertilizers and pesticides used
in the agricultural sector,9 thereby creating the
potential for the appearance of con ict between
“development” and “environment.” In fact, with-
out eective ma nagement of these chemica ls, the
soil and water are likely to be contaminated and
6. See generally S I J/N E-
P A, J’ E
: E S S E-
R, 10 (2001).
7. Id. at 13-14. In 1995 there were 49 public treatment plants run
by the National Water Commission (NWC), and 72 plants run
by other operators, some of which were industries or hotels. By
1999 the number of public treatment plants had risen to 53. In
2000 another 9 plants were added to the NWC’s responsibili-
ties. ere are no complete data on the population served by
public sewerage treatment plants. In 1995 the 46 secondary
NWC treatment plants served more than 144,000 households.
In addition to these, however, many households have their own
septic tanks or are served by private operators. Pan American
Health Organization estimates that 20% of the population had
access to sewerage systems in 1995.
8. See U N E P, C
E O 25, 27 (1999).
9. e pesticide dibromochloropropane (DBCP) was implicated
in cases of cancer and sterility in the United States in the 1970s,
and the Environmental Protection Agency (EPA) of that coun-
try banned its use there. Notwithstanding its known risks, the
manufacturers exported the chemical to scores of developing
countries, including St. Lucia, Dominica, and St. Vincent and
the Grenadines. e attempt by Caribbean victims to sue the
manufacturers in the United States was dismissed by the U.S.
courts on the basis that litigation in America was inappropriate.
See Winston Anderson, Forum Non Conveniens Strikes Again:
American Court Closes Its Door to Eastern Caribbean Litigants,
23 J. E. C S. 77 (1998).
denuded of nourish ment, thereby imperiling agri-
cultural development.
Increasing industrialization in some states has led
to higher amounts of toxic and hazardous solid and
liquid wa ste. Oily waste is the most prominent,10
but harmful wastes also emanate from the paint
manufacturing, food processing, metal works, and
battery manufacturing industries. Commonly used
products, such as paints, varnishes, solvents, deter-
gents, and acids, can be harmful if they are misused
or discarded. Specic calls for controls over the use
and disposal of lead have been made in Jamaica11
and Trinidad and Tobago.12
Dumping of Extra-Regional Wastes
Dumping of extraregional, hazardous, and toxic
wastes is a major challenge that requires a stra-
tegic response. Toxic waste follows the path of
10. See generally W A, T L C
M P ch. 1 (1997).
11. Ishenkumba A. Kahwa & Howard O. N. Reid, e Asbestos
Problem in Jamaica, 32-33 (UWI Centre for Environment and
Development, Working Paper Series No. 6, 1994). is paper
suggests that Jamaica faced a public health problem arising from
the asbestos products manufacturing and consuming industries.
e problem was not so much asbestos usage, but the callous,
unsafe handling procedure used by employees and the deplorably
improper disposal methods used. An approved asbestos landll
was urgently needed to safely dispose of the current and future
asbestos-containing waste, as well as the older waste dumped
in places where it was an unacceptable public health risk. It was
further suggested that banning the usage of asbestos products
was not recommended; any industrial chemical product could be
dangerous if not properly handled or disposed of. e regulatory
emphasis should be placed on developing and enforcing proper
handling and disposal methods of all bers, as well as education
and health monitoring for workers and other people exposed to
the bers.
12. See Paula A. Lun Young, Industrial Waste in Trinidad and Tobago:
e Situation with Lead, CEP N I , 22 (1995). Young
quoted Dr. Chang-Yen, Senior Lecturer of Analytical Chemistry
at the University of the West Indies, to the eect that pollution
problems arise from the improper disposal of waste generated
because of the lack of designated hazardous waste disposal
sites. e article found that there is only one site designated for
hazardous solid waste—the Forres Disposal Site. Lead could
be found in the environment in gasoline and exhaust fumes,
and consequently in roadside dust by virtue of atmospheric
pollution. Also, waste euent could be found in the environ-
ment from battery processing plants. Lead was described as an
extremely toxic microcontaminant that causes metabolic and
neuropsychological disturbances that result in slowed growth
and mental retardation in children and even death. In adults it
manifests itself in mood swings, mental illness, and fatigue. Dr.
Chang-Yen stressed the need for urgent, concerted actions to
tackle the problem. He recommended simultaneous actions to
be taken at dierent levels, namely: (a) development of proper
disposal techniques and sites of nal disposal of hazardous wastes;
(b) correction and enforcement of present legislation governing
the generation and disposal of toxic waste; (c) strict control on
the siting of industries generating toxic wastes to prevent ground
and surface water contamination; (d) cleanup of existing dump
sites; and (e) monitoring of water treatment processes for the
removal of harmful microcontaminants.
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