Eenvironmental
and Public Health and Safety Legislation
Several laws address the protection of
environment and public health with direct relevance to water.
The Protection of Environment Law, Law No. 12 of 1995
(New
Law)
The applicable environmental Law in Jordan
is the “Protection of Environment Law”.
Five regulations were issued pursuant to
the Law, none of which deals specifically with water and wastewater.
Three instructions were also issued
pursuant to the Law, none of which deals with water and wastewater.
The following articles of the Protection
of Environment Law deal with water and wastewater:
Article (6):
provides that the Secretary General of the
Ministry of Water and Irrigation shall be a member in the Council for
the Protection of Environment.
Article (16):
provides that the Corporation (the General
Corporation for the Protection of Environment) shall, in cooperation and
coordination with the competent authorities in matters relating to
environmental issues locally, regionally and internationally, protect
the environment from pollution in relation to the water, air, soil,
plants, animals and the naval environment sectors in the manner
specified in the Law.
Article (17):
provides that the Corporation shall, in
coordination with the competent authorities, undertake the following
with respect to the water sector:
·
Issuance of
general standards for water in all its usages.
·
Examination
of water sources with respect to pollution.
Article (26):
prohibits the dumping, disposal of and
piling up of any substances that are detrimental to the environment
whether solid, liquid, gaseous, radial, or heat in water sources, or the
storage of any of these substances in close proximity to the water
sources and within a distance to be specified by the Minister (the
Minister of Municipal, Rural and Environmental Affairs) in accordance
with the recommendations of the General Manager of the Corporation.
The Article further provides that certain
substances shall be excluded from the above provision subject to the
instructions issued by the Minister in accordance with the
recommendations of the General Manager. The substances are as follows:
·
Substances
that are used to treat other substances to render the latter compliant
with the set standards, specifications and criteria.
·
Substances
that are used to fight epidemics including weeds, flies, and rodents all
within the approved specifications.
·
Substances
that are used in experiments and scientific research, after treating
them in accordance with the approved specifications.
The Article also provides that a person
who commits any of the acts (specified in the Article) shall be liable
to a fine of not less than JD (2000) and not exceeding JD(10000) or to
imprisonment for a period of not less that 3 months and not exceeding
two years or both, and it shall be ruled that the causes of violation be
removed within the period specified by the court. Should the culprit
fail to adhere to the said ruling the Corporation shall remove the cause
of violation at the culprit’s expense with (25%) administrative expenses
to be added. The Culprit shall also be liable to a fine of not less that
JD (50) and not exceeding JD (200) for each day of non adherence as of
the date set by the court for the removal of the cause of violation.
By virtue of Article (5) of the relevant
Law, the Standards and Specifications Corporation is charged with the
duty of issuing standard specifications and technical rules, and
adopting, revising, amending, and supervising the application of the
said standard specifications with respect to all services and products
except for pharmaceutical products, human and veterinary medications,
vaccines and serums.
With respect to water, the following
standard specifications have been issued and are currently in force.
The
Industrial Wastewater Standard Specification,
Jordanian Standard, No.202 of
1991, Second Edition.
The standard specification at issue is in
the process of being amended.
The Reclaimed
Domestic Wastewater Standard Specification, Jordanian Standard, No.893
of 2002
The
standard specification is replacing the standard specification JS/ 893
of 1995. This standard is purposely prepared to specify the conditions
to be met by effluent discharged from wastewater treatment plants which
can be used in the various fields appearing this standard.
In
contrast to the previous specification, Article 5 distinguishes the
quality standards of effluents
·
to be recharged to wadis,
·
the reuse in agriculture, industry etc.,
·
to be used for artificial groundwater recharge.
It is allowed
to discharge reclaimed water to streams or wadis or water bodies when
its quality complies with the properties and defined quality standards.
It is prohibited to discharge into wadis draining to the Gulf of Aqaba.
Precaution
measures have to be applied in order to prevent leakage of reclaimed
water to the aquifers.
Whenever there
is a danger of direct contact of the public with reclaimed water is
anticipated disinfecting measures must taken to conserve the public
health.
Natural
treatment plants are permitted to exceed the values of the E Coli when
discharging to wadis leading to storage dams where the stored water is
used totally for irrigation..
Reuse of
reclaimed water for the purpose of artificial groundwater replenishment
is allowed if its quality agrees with the defined quality standards.
It is not
permitted to use ground water replenishment for aquifers used for
drinking purposes.
Technical
studies must be performed before using reclaimed water for the purpose
of replenishment of groundwater aquifers used for irrigation to
determine that there is no effect on groundwater aquifers used for
drinking purposes.
The
specification defined three different quality standards/classes for
reclaimed water to be used in irrigation according to different
irrigation purposes:
·
Class A:
field crops, industrial crops and forest trees,
·
Class B: fruit trees, sides of roads outside city limits, and green
areas,
·
Class C: cooked vegetables, parks, playgrounds and sides of roads within
city limits
Reclaimed water
are prohibited in irrigating vegetables eaten uncooked (raw).
Sprinkler
irrigation is prohibited excluding golf course that should be irrigated
at night.
Irrigating
fruit trees with reclaimed water must be stopped two weeks prior to
harvesting fruits. Any falling fruits in contact with the soil must be
removed.
The Sewage
Sludge Use in Agriculture Specification, Jordanian Standard, No1145 of
1996
The Natural
Mineral Water Standard Specification, Jordanian Standard, No.200 of
2001, Second Edition.
The drinking
water Standard Specification, Jordanian Standard, No.286 of 2001, Fourth
Edition.
The Bottled
Drinking Water Standard Specification, Jordanian Standard, No.1214 of
2001, First Edition.
The standard specification is currently
being amended and is expected to be issued in after June 2002.
Of relevance in respect to environmental
and public health protection are the following articles of the Water
Authority Law:
Article (6) of the abovementioned law
provides that:
“In order to realise the objectives of
this Law, the Authority shall exercise the following duties and
authorities:
To set the conditions, specifications and
requirements pertaining to the preservation of water and water basins,
protecting same from pollution, providing security for the
constructions, water and wastewater projects, public and private
distribution networks and to carry out supervisory works over them and
to administer the tests required for that.”
Article (30):
of the same Law provides the following:
“a) A person who commits any of the
following acts shall be liable to imprisonment for a period of not less
than six months and not exceeding two years or to a fine of not less
than JD (1000) and not more than JD (5000) or both:
·
Putting up any construction or building of whatever kind
on state land within the belt specified in Article (24) of this Law.
·
Trespassing
on any of the Authority’s projects, water sources and wastewater that
falls within the Authority’s management or supervisory authorities in a
manner that would lead to inflicting detriment on any of the Authority’s
constructions, machines, equipment and materials or those of any of the
said projects, water sources or wastewater or in a manner that leads to
disabling same.
·
Polluting
any water source that fall within the management and supervisory
authorities of the Authority whether directly or indirectly or causing
the pollution and failing to remove same within the period specified by
the Authority.
·
Digging
underground wells without a licence, or violating the conditions of the
granted licence.
b) Any person who commits any of the
following acts shall be liable to imprisonment for a period of not less
than one month and not exceeding six months and to a fine of not less
than JD (100) and not exceeding JD (1000):
·
To carry
out any work or perform any act on state land within the belt specified
in Article (24) of this Law without obtaining the prior written consent
of the Authority even if such work or act is not detrimental to water
source or wastewater.
·
Carrying
out any of the works or duties that, pursuant to this Law, no entity
other than the Authority is authorised to carry out without the latter’s
prior written consent.
·
Dealing
with water sources, water, the projects related thereto or to the
wastewater in a manner that is in contravention of this Law or the
regulations issued pursuant thereto including selling, giving as a gift,
transferring, using or exploiting the water or carrying out any such
work or taking any such action that might cause damage to the said
sources, water, projects related thereto, or using the wastewater system
in any manner that violates this Law.
·
Doing any
work related to water or wastewater without obtaining the licences,
authorisations or approvals required by this Law or doing any of these
works in violation of the regulations issued pursuant to the Law.
c) A person attempting to commit any of
the offences specified in this Article shall be penalised.
d) If a person was convicted for
committing any of the acts provided in paragraphs (a) and (b) of this
Article, the Court should, at the same time, rule that the said person
pay the amount of damages resulting from his act and oblige him to
remove the cause of offence and the effects thereof and restore the
status of things to what they were prior to committing the offence
within the period specified by the Court. If the person failed to comply
with the above, the Authority may carry out the works and claim back the
expenses from the person convicted with a 50% addition in costs.
e) The employees of the Authority who are
so authorised by the Minister or the Secretary General, as the case may
be, shall be considered judicial police with regards to the detection of
offences committed in violation of this Law, and the Secretary General
may take decision whereby the violations and trespasses on the lands and
constructions located within the Authority’s jurisdiction are removed
through administrative means. Where necessary, the Secretary General may
seek the help of the Public Security Forces, he may also, and through
the competent court that consider offences committed in violation of
this Law in its capacity as a court of summary proceedings, claim that
the trespasser or the violator to reimburse the expenses incurred by the
Authority repairing the damage and restoring things into their original
status.
The employees of the Ministry and of the
Authority who are named by the Minister or the Secretary General, as the
case may be, shall be entitled to prosecute the criminal charges before
the competent courts and to obtain an authenticated copy of the courts’
decisions issued in the said proceedings and to follow through their
execution.”
The Criminal
Code
Article (457):
of the Criminal Code provides the
following in respect to environmental and public health protection:
“A person committing the following shall
be liable to imprisonment for a period not exceeding one year and to a
fine of not more than JD(20):
·
To pour,
spill into or dispose into public water (whether subject of a concession
or not) of any liquids, health hazardous substances, substances that are
detrimental to the public convenience, or substances that would prevent
the proper utilisation of the said water.
·
To carry
out any act that would contaminate springs, or water that others drink
from.”
Furthermore,
Article (458):
of the Code reads as follows:
“A person who intentionally pollutes a
spring or water from which others drink shall be liable to imprisonment
for a period ranging between one to three years and to a fine of not
less than JD (50).”
Law of Public
Health, No.21 of 1971
The law of public health in force is the
“Law of Public Health” No.21 of 1971” as amended (the “ Law”)
The relevant Articles in the Law are the
following:
Article (3), which provides that:
“The Ministry (Ministry of Health) shall
be responsible for all matters pertaining to heath in the Kingdom
including:
·
The
provision of preventive and curative health care.
·
Prevention
of contagious diseases.
·
Promotion
of health awareness and medical culture through available means.
·
Establishment and management of all types and levels of educational
institutions for medical professions and setting their curriculum,
appointing their teaching staff, and issuing certificates for their
graduates provided that educational institutions for medical professions
that exist at the time of the enactment of this Law shall be deemed
established in accordance with its provisions.”
Article (33):
which provides that:
“1) Setting up a wastewater network or a
purification station or making any alterations to same outside the
planned areas and outside the borders of the municipalities shall not be
allowed unless such establishments are compliant with the health
regulations that are set for that purpose.
2) Subject to the provision of the above
paragraph, an approval shall not be issued until the Minister (Minister
of Health) verifies that the drawings and specifications of such
networks and the means of maintenance thereof are compliant with the
appropriate health level taking into consideration the requirements of
the Central Water Authority or any other relevant authority.”
Article (34):
which provides that:
“The Ministry shall be entitled to
supervise all wastewater networks in accordance with the regulations
enacted for that purpose, and to issue orders for the preservation of
health.”
Article (35):
which provides that:
“External installations and the manner in
which they are connected to the main wastewater system shall be subject
to the rules set in the regulations to be enacted for that purpose.
However, in the areas where there is no main wastewater system the rules
should be in conformity with the public health requirements.”
Article (36):
which provides that:
“If it appears that the private or main
wastewater system or the external installations are jeopardizing public
health or are not compliant with the requirements of the regulations in
force at the time, the Director (the Health Director in a Governate or
province and who undertakes the duties and authorities of the Physician)
or the Physician (a physician is an employee of the Ministry of Health
and includes the municipality physician. The Municipality Physician is
any physician who is an employee of the municipality or rural councils)
may take all necessary measures in this regard and treat the situation
as being a health hazard irrespective of any authorisation or previous
license issued in its regard.”
Article (37):
which provides that:
“The owner of the wastewater system shall
be liable for any violation of any provision hereto.”
Several regulations, instructions and
orders have been issued pursuant to the Law, none of which deal with the
water or wastewater sections.
However, of relevance is the
Wastewater Regulation No. 66 of
1994. Following is a summary of its pertinent provisions:
·
According
to the Regulation, no person is allowed to dispose of waste and liquids
other than the Refuse (defined in the Regulation as being the
wastewater, liquid waste and unbound waste which results from the
different usages of water and the sewage) into the public wastewater
course. Otherwise the Water Authority may take any of the following
measures:
o
Block the
private course in order to stop the above-described disposal.
o
Charging
the owner of the estate or the lessee thereof extra fees to cover the
purification expenses incurred by the Authority as a result of such
disposal.
·
The Water
Authority is entitled to subject waste and flowing liquids in any public
or private courses, from time to time, to standard laboratorial tests.
·
No person
is allowed to dispose, into water sources, any natural course or any
open place, of liquid waste, polluted water or ordinary water until
after treating same and acquiring a written approval in that respect
from the Water Authority. For this purpose the relevant Jordanian
standard shall be observed.
·
No person
is allowed to dispose of rainwater and surface water into the wastewater
project
·
If it was
impractical to connect the private wastewater course to the public
course for any reason, the owner should, at his/her own expense and
within the boundaries of his/her estate, dig a suction pit and/or a
dissolving pit in accordance with the instructions and standards set by
the local council. If it is decided, thereafter, to connect the estate
to the public wastewater course, the owner should fill up the pits at
his/her own expense with suitable material that would not cause
detriment to public health. Otherwise the owner could use the pits for
any other purpose, except for drinking water, after cleaning same.
The Regulation deals with the
obligation of the owner of the estate to connect the private wastewater
course to the public course, the consequences of his/her failure to do
so, connection fees, the application for connection fees, and the fees
for benefiting from the wastewater system.
The Regulation also deals with the
Authority’s right to extend and maintain the public and private
wastewater courses.
According to the Regulation, the owner of
the estate is obliged to install a pump in order to raise the level of
the sewage to that of the public wastewater course, if it proved
impractical to drain the sewage or part thereof through the normal
outflow
of the connection to the
public wastewater in front of the estate or through a neighbouring
estate. The installation of the pump should be carried out in a manner
approved by the Authority.
No person is allowed to do any of the
following, subject to civil and criminal liability:
·
To connect
a private wastewater course to the public course or to the rainwater
course or do any other work in relation to the wastewater project
without an authorisation from the Authority.
·
To intrude,
in any manner, on the public wastewater project, obstruct the connection
of the private wastewater course to the public course, commit any act
that will obstruct or disable the private of public wastewater systems,
or cause damage to the to the purification works and the wastewater
project.
The manner and purposes of reusing the
water that generates from the purification stations in a manner that
does not contravene with the provisions of the Public Health law shall
be determined by instructions to be issued by the Authority to be
published in the legal gazette. (Hitherto no such instructions have been
issued).
What about the legal
situation in drinking water quality monitoring The present prcedures?
Administrative Organisation Regulation for the Ministry of Water and
Irrigation No. (54) of 1992
Art. 10:
(a) strategies, plans and programs (c) water resources studies,
protection, (g) establishment of data bank
Art. 19:
coordination
Natural Resources`s Affairs Regulation No. (12) of 1968
Subterranean Water Inspection System Regulation No. (26) of 1977
Groundwater Monitoring Regulations, No. () of 2002
Article
(9) provides the legal basis for restricting the yearly abstractions
from wells to quantities defined in the licences.
Article (38):
elaborates on tariffs for agricultural wells:
Licensed agricultural wells
|
Quantity of Water [m3] |
Charge [fils/m3] |
|
0-150,000 |
No
charge |
|
151,000 – 200,000 |
25
|
|
>
200,000 |
60 |
|
Different
charges apply to Azraq area. Wells with limited quantities are not
charged, quantities exceeding these limited quantities up to 100,000 m3
are charged by 20 fils/m3, above 100,000 m3
the cost of water is 60 fils/m3.
Unlicensed agricultural wells
|
Quantity of Water [m3] |
Charge [fils/m3] |
|
0-100,000 |
25
|
|
101,000 – 150,000 |
30
|
|
151,000 – 200,000 |
30
|
|
>
200,000 |
70
|
|
