(1) A person who conducts industrial, commercial or institutional operations in the course of which waste is generated, shall make his or her own arrangements for waste management, and shall ensure that any waste generated does not present a risk to human health, safety or the environment.
(2) A person who conducts industrial, commercial, institutional operations in the course of which waste is generated is prohibited from the use of waste storage containers provided for use by households and agencies approved by the Saint Lucia Solid Waste Management Authority.
(3) For the purpose of giving effect to the requirements of subsection (1), a person who conducts industrial, commercial or institutional operations in the course of which waste is generated may, in addition to or instead of contracting with holders of Waste Haulage Licences transport waste to a waste management facility themselves, subject to meeting the following requirements —
(a) to maintain vehicles and all equipment utilized in waste haulage in suitable and satisfactory operation condition;
(b) for the management of waste during transport, to ensure the coverage of waste in the vehicle at all times sufficient to ensure that waste cannot blow out, fall or otherwise leave the vehicle except when deliberately deposited at a waste management facility permitted to accept the waste;
(c) to maintain appropriate vehicle insurance for the vehicles referred to in paragraph (a);
(d) to maintain insurance sufficient to provide for the cleaning up of spills or other polluting accidents that might occur;
(e) for minimum driver qualification; and
(f) any other requirements pursuant to any other applicable law in force in Saint Lucia.
(4) Any person who, contrary to this section dumps or causes to be dumped waste commits an offence and is liable on summary conviction to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 5 years or both.
(5) In the event that appropriate facilities are not available in Saint Lucia for managing any waste including hazardous waste, persons who conduct industrial, commercial or institutional operations in the course of which waste is generated shall be responsible for the safe management of the waste and for the export of the waste to a facility approved by the Planning Authority.
(Substituted by Act 10 of 2007)