Industrial Effluent Treatment System or in short IETS, is a pollution control technique in ensuring contaminated wastewater (effluent) from its respective origin (usually the industrial processes) be treated to a level that is acceptable under the laws and permits, prior its release or discharged into any receiving water bodies (inland waters) in the country.
This document is displaying what the law requires. The law is a subsidiary regulation of the Malaysian Environmental Quality Act, 1974 called Environmental Quality (Industrial Effluent) Regulations 2009. I'll try to interpret it in the most simple and comprehensive manner progressively whenever time permits. First question, however, does the discharge limits really solved polluted water bodies? What is missing? Find them in discussions below.
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Interpretation
2. In these Regulations—
“best management practices” means practical, structural or non-structural methods for the purpose of preventing or reducing the discharge of industrial effluent or mixed effluent containing contaminants;
“industrial effluent” means any waste in the form of liquid or wastewater generated from manufacturing process including the treatment of water for water supply or any activity occurring at any industrial premises;
“sludge” means any deposit of particulate matter settled from any liquid, including deposit resulting from physical, chemical, biological or other treatment of water or industrial effluent or mixed effluent;
“professional engineer” has the same meaning assigned to it in the Registration of Engineers Act 1967 [Act 138];
“sewage” means any liquid waste or wastewater discharge containing human, animal, domestic, or putrescible (terrible/busuk) matter in suspension or solution, and includes liquids containing chemicals in solution either in the raw, treated or partially treated form;
“licence” means a licence referred to in regulation 15 pursuant to subsection 25(1) of the Act;
“parameter” means chemical oxygen demand or any of the factors shown in the first column of the Fifth Schedule or in the Ninth Schedule;
“authorized officer” means any officer appointed under section 3 of the Act or any other officer to whom the Director General has delegated his power under section 49 of the Act; “batch discharge” means any controlled discharge of a discrete volume of industrial effluent or mixed effluent;
“licensed premises” means premises occupied by a person who is the holder of a licence issued in respect of the premises; and
“industrial effluent treatment system” means any facility including the effluent collection system, designed and constructed for the purpose of reducing the potential of the industrial effluent or mixed effluent to cause pollution.
Application - (meaning 'who' is subjected to this law! Thus, not all originators of industrial effluent is subscribing to it)
3. These Regulations shall apply to any premises which discharge or release industrial effluent or mixed effluent, onto or into any soil, or into inland waters or Malaysian waters, other than the premises as specified in the First Schedule. (see immediately below)
FIRST SCHEDULE (Regulation 3)
LIST OF PREMISES TO WHICH THESE REGULATIONS Do NOT APPLY
1. Processing of oil-palm fruit or oil-palm fresh fruit bunches into crude palm oil, whether as an intermediate or final product
2. Processing of natural rubber in technically specified form, latex form including prevulcanised or the form of modified and special purpose rubber, conventional sheet, skim, crepe or scrap rubber
3. Mining activities
4. Processing, manufacturing, washing or servicing of any other products or goods that produce industrial effluent or mixed effluent of less than 60 cubic meters per day
5. Processing, manufacturing, washing or servicing of any other products or goods that produce industrial effluent or mixed effluent of which does not contain oil and grease or those contaminants listed as parameters (v) to (xv) in the first column of the Fifth Schedule (see immediately below)
FIFTH SCHEDULE
[Paragraph 11(1)(a)]
ACCEPTABLE CONDITIONS FOR DISCHARGE OF INDUSTRIAL EFFLUENT OR MIXED EFFLUENT OF STANDARDS A AND B
Parameter Unit Standard
A B
(1) (2) (3) (4)
(i) Temperature Deg.C 40 40
(ii) pH Value – 6.0-9.0 5.5-9.0
(iii) BOD5 at 20oC mg/L 20 50
(iv) Suspended Solids mg/L 50 100
(v) Mercury mg/L 0.005 0.05
(vi) Cadmium mg/L 0.01 0.02
(vii) Chromium, Hexavalent mg/L 0.05 0.05
(viii) Chromium, Trivalent mg/L 0.20 1.0
(ix) Arsenic mg/L 0.05 0.10
(x) Cyanide mg/L 0.05 0.10
(xi) Lead mg/L 0.10 0.5
(xii) Copper mg/L 0.20 1.0
(xiii) Manganese mg/L 0.20 1.0
(xiv) Nickel mg/L 0.20 1.0
(xv) Tin mg/L 0.20 1.0
(xvi) Zinc mg/L 2.0 2.0
(xvii) Boron mg/L 1.0 4.0
(xviii) Iron (Fe) mg/L 1.0 5.0
(xix) Silver mg/L 0.1 1.0
(xx) Aluminium mg/L 10 15
(xxi) Selenium mg/L 0.02 0.5
(xxii) Barium mg/L 1.0 2.0
(xxiii) Fluoride mg/L 2.0 5.0
(xxiv) Formaldehyde mg/L 1.0 2.0
(xxv) Phenol mg/L 0.001 1.0
(xxvi) Free Chlorine mg/L 1.0 2.0
(xxvii) Sulphide mg/L 0.50 0.50
(xxviii) Oil and Grease mg/L 1.0 10
(xxix) Ammoniacal Nitrogen mg/L 10 20
(xxx) Colour ADMI* 100 200
*ADMI–American Dye Manufacturers Institute
6. Processing, manufacturing, washing or servicing of any other products or goods where the total load of biochemical oxygen demand (BOD5 at 20°C) or suspended solids or both, shall not exceed 6 kilogrammes per day (concentration of 100 milligrammes per litre)
Obligation to notify the Director General
4. (1) No person shall, without prior written notification to the Director General—
(a) carry out any work on any premises that may result in a new source of discharge of industrial effluent or mixed effluent;
(b) construct on any land, building or facility designed or used for a purpose that may cause the land or building or facility to result in a new source of discharge of industrial effluent or mixed effluent;
(c) make or cause or permit to be made any change of, to, or in any plant, machine, or equipment used or installed at the premises that causes a material change in the quantity or quality of the discharge or release from an existing source; or
(d) carry out upgrading work of an existing industrial effluent treatment system that may result in a material change in the quantity or quality of the discharge or release.
(2) The written notification to carry out any work, construction, or upgrading, or to make any change referred to in subregulation (1) shall be submitted to the Director General in the form as specified in the Second Schedule (Please refer to the law text or contact the DOE for the form) within thirty days before the work or construction or upgrading commences.
Leakage of hydraulic oil from its compressor machines had caused for the detection of 'Oil & Grease' at the 'Final Discharge Point' of a company's internal drainage system. |
Design and construction of industrial effluent treatment system
5. (1) An owner or occupier of a premises shall conduct any design and construction of the industrial effluent treatment system to collect and treat the industrial effluent or mixed effluent generated within the premises in strict compliance with the specifications as specified in the Guidance Document on the Design and Operation of Industrial Effluent Treatment System issued by the Department of Environment. (Please refer to the law text or contact the DOE for a copy)
(2) An owner or occupier of the premises shall appoint a professional engineer to undertake the design and supervision of the construction of the industrial effluent treatment system and the work performed shall meet the satisfaction of the Director General.
(3) An owner or occupier of the premises and the professional engineer referred to in subregulation (2) shall provide a written declaration, in a form as specified in the Third Schedule, certifying that the design and construction of the industrial effluent treatment system have complied with the specifications referred to in subregulation (1). (Please refer to the law text or contact the DOE for the form)
(4) As-built drawings that show the placement of any works or structures that form part of the industrial effluent treatment system shall be submitted to the Director General not later than thirty days from the date the premises commences operation.
(5) In this regulation, “as-built drawings” means any engineering drawing that shows the placement of facilities as measured after a work is completed.
Compliance with specifications of industrial effluent treatment system
6. (1) No person shall operate any industrial effluent treatment system unless it complies with the specifications as specified in subregulation 5(1).
(2) The Director General may issue a directive to the owner or occupier of a premises who does not comply with subregulation (1) requiring him to repair, alter, replace or install any additional equipment or instruments or to conduct performance monitoring of industrial effluent treatment system at his own expense, in any manner as the Director General may determine in such directive.
Monitoring of discharge of industrial effluent or mixed effluent
7. (1) An owner or occupier of a premises that discharges industrial effluent or mixed effluent onto or into any soil, or into any inland waters or Malaysian waters shall, at his own expense—
(a) monitor the concentration of chemical oxygen demand (COD) and any parameter as specified in the Fifth Schedule; and (b) install flow-meters, sampling, monitoring and recording equipment.
(2) The owner or occupier of the premises shall maintain a record of industrial effluent or mixed effluent discharge monitoring data in the form as specified in the Tenth Schedule.
TENTH SCHEDULE [Subregulation 7(2)]
MONTHLY INDUSTRIAL EFFLUENT OR MIXED EFFLUENT
DISCHARGE MONITORING REPORT
SECTION I
IDENTIFICATION
1. (i) Name and address of premises:
............................................................................................................................................
............................................................................................................................................
Telephone number:.…………………Fax number:………………………........
(ii) File reference number (if applicable): ………...…………………………......
2. (i) Name and address of accredited analytical laboratory:
..............................................................................................................................................
...........................................................................................................................................
Telephone number:.…………………Fax number:……………..……………..
(ii) Name of analyst:..........................................................................................................................
3. (i) Reporting year:……………………………………………………………….........................
(ii) Reporting month: ……………………………………………………………........................
A type of flow-meter which is situated just before the Final Discharge Point - mesuring current value in Cubic Meters/hr. |
INFORMATION ON INDUSTRIAL EFFLUENT OR MIXED EFFLUENT
4. (i) Flowrate*
Minimum:……………………. m3/d, Maximum:…………………….…. m3/d
(ii) Quality of effluent discharged (unit in mg/L)
Parameter*** First Week Second Week Third Week Fourth Week
Date: Date: Date: Date:
Temperature
pH Value
BOD5 at 20°C
COD
Suspended Solids
Mercury
Cadmium
Chromium, Hexavalent
Arsenic
Cyanide
Lead
Chromium, Trivalent
Copper
Manganese
Nickel
Tin
Zinc
Boron
Iron
Silver
Aluminium
Selenium
Barium
Fluoride
Formaldehyde
Phenol
Free Chlorine
Sulphide
Oil and Grease
(n-hexane extract)
Ammoniacal Nitrogen
Colour**
* The flowrate and concentration of industrial effluent or mixed effluent at the point of
discharge as determined in accordance with the sampling procedure and method of analysis
as specified in regulation 16.
** ADMI unit
*** Choose only the significant parameters
SECTION III
DECLARATION
I, …………………….hereby declare that all information given in this form is to the best of my knowledge and belief true and correct.
Signature of responsible person:
………………………………….....................…..
Name: ………………………………...................
Designation: ………………………….................
Date : …………………………………................
(Affix official seal or stamp of the company)
(3) The owner or occupier of the premises shall submit the first record of industrial effluent or mixed effluent discharge monitoring data to the Director General within thirty days after the date of coming into operation of these Regulations and the subsequent records shall be submitted within thirty days after the end of the calendar month for the report of the previous month.
(4) The record of industrial effluent or mixed effluent discharge shall also be made available for inspection by any authorized officer.
What to do with such amount of data? Most are storing them for short-term interpretation which normally comes around during periodic audits or performance reports. Personally, I'm viewing these figures of facts as very valuable information for future decision making. For instance, how could these data be used to tell us that our existing treatment system could cope for an additional production line, changed raw materials or other process variables? Final discharged treated qualities alone can't tell much about the actual capability of our IETS. Kindly view what I wrote in this article, give it a deep thought and expand it further: - http://sekitarsynergy.blogspot.com/2012/02/ietswwtp-tips-on-iets-logbook.html
Proper operation of industrial effluent treatment system
8. (1) An owner or occupier of a premises shall operate and maintain industrial effluent treatment system in accordance with sound engineering practice for the treatment of the industrial effluent or mixed effluent and ensure that all components of the industrial effluent treatment system are in good working condition.
(2) In this regulation, “sound engineering practice” means the manner by which effluent treatment system is operated where the operational characteristics are maintained within the normal range of values commonly used for the treatment of industrial effluent or mixed effluent.
Performance monitoring of effluent treatment system
9. (1) An owner or occupier of a premises shall—
(a) conduct performance monitoring of the components of the effluent treatment system in the manner as specified in the Guidance Document on Performance Monitoring of Industrial Effluent Treatment Systems
issued by Department of Environment; and (b) equip himself or itself with facilities, relevant equipment or instruments for the purpose of conducting performance monitoring referred to in
paragraph (a).
Sampling & in-situ test of treated effluent at its Final Discharge Point. |
Competent person
10. (1) The operation of an industrial effluent treatment system shall be supervised by a competent person.
(2) A competent person shall be any person who has been certified by the Director General that he is duly qualified to supervise the operation of an industrial effluent treatment system.
(3) An owner or occupier of a premises shall ensure that a competent person is on duty at any time the industrial effluent treatment system is in operation.
Acceptable conditions for the discharge of industrial effluent other than parameter of chemical oxygen demand (COD)parameter of chemical oxygen demand (COD)
11. (1) No person shall discharge industrial effluent which contains any parameter in concentration greater than the limits of—
(a) Standard A, as shown in the third column of the Fifth Schedule, into any inland waters within the catchment areas as specified in the Sixth Schedule; or
(b) Standard B, as shown in the fourth column of the Fifth Schedule, into any other inland waters or Malaysian waters.
|
(a) 0.5 milligrammes per litre in total, where Standard A is applicable;
or
(b) 3.0 milligrammes per litre in total, and 1.0 milligramme per litre in total for soluble forms, where Standard B is applicable.
(3) Where Standard B is applicable and when both phenol and free chlorine are present in the same industrial effluent, the concentration of phenol individually, shall not be greater than 0.2 milligrammes per litre and the concentration of free chlorine individually, shall not be greater than 1 milligramme per litre.
Acceptable conditions for the discharge of industrial effluent for parameter of chemical oxygen demand (COD)
12. In relation to any trade or industry as specified in the Seventh Schedule (see immediately below), No person shall discharge industrial effluent which contains COD in concentration greater than the limits of—
(a) Standard A, as shown in the third column of the Seventh Schedule, into any inland waters within the catchment areas as specified in the Sixth Schedule; or
(b) Standard B, as shown in the fourth column of the Seventh Schedule, into any other inland waters or Malaysian waters. (The Sixth Schedule - it's a mind-blowing GPS coordinates - too lengthy. Please refer to the law text or contact the DOE for confirmation)
SEVENTH SCHEDULE (Regulation 12)
ACCEPTABLE CONDITIONS FOR DISCHARGE OF INDUSTRIAL EFFLUENT CONTAINING CHEMICAL OXYGEN DEMAND (COD) FOR SPECIFIC TRADE OR INDUSTRY SECTOR
(1) (2) (3) (4)
Trade/Industry Unit Standard A Standard B
(a) Pulp and paper industry
(i) pulp mill mg/L 80 350
(ii) paper mill (recycled) mg/L 80 250
(iii) pulp and paper mill mg/L 80 300
(b) Textile industry mg/L 80 250
(c) Fermentation and distillery industry mg/L 400 400
(d) Other industries mg/L 80 200
Ethylene Glycol at large? He's just replaced the radiator coolant! |
Acceptable conditions for the discharge of mixed effluent for parameter of chemical oxygen demand (COD)
13. No person shall discharge mixed effluent which contains COD in concentration greater than the limits of—
(a) Standard A, as shown in the second column of the Eighth Schedule (see immediately below), into any inland waters within the catchment areas as specified in the Sixth Schedule; or
(b) Standard B, as shown in the third column of the Eighth Schedule, into any other inland waters or Malaysian waters.
EIGHTH SCHEDULE (Regulation 13)
ACCEPTABLE CONDITIONS FOR DISCHARGE OF MIXED EFFLUENT CONTAINING CHEMICAL OXYGEN DEMAND (COD)
(1) (2) (3)
Unit Standard Standard
A B
mg/L 80 200
Wet Scrubber - an air pollution control equipment turned effluent source. |
Best management practice for the discharge of industrial effluent or mixed effluent for other parameters
14. An owner or occupier of a premises shall adopt the best management practice for discharge of any industrial effluent or mixed effluent for any parameter as specified in the Ninth Schedule.
NINTH SCHEDULE (Regulation 14)
LIST OF PARAMETERS FOR DISCHARGE OF INDUSTRIAL EFFLUENT OR MIXED EFFLUENT WHICH BEST MANAGEMENT PRACTICE TO BE ADOPTED
(i) Nitrate Nitrogen
(ii) Sulphate
(iii) Chloride
(iv) Cobalt
(v) Detergent, Anionic
(vi) Molybdenum
(vii) Phosphate (as P)
(viii) Polychlorinated Biphenyls
(ix) Beryllium
(x) Vanadium
(xi) Pesticides, fungicides, herbicides, rodenticides, fumigants or any other biocides or any other chlorinated hydrocarbons
(xii) Any substance that either by itself or in combination or by reaction with other waste may give rise to any gas, fume or odour or substance which causes or is likely to cause pollution
(xiii) Total Organic Carbon
(xiv) Whole Effluent Toxicity (WET)
(xv) Dioxin
(xvi) Endocrine disruptors
BMP in practice. Spent liquid solvent are separated and recovered using physical treatment. Significantly reduced the effluents' COD load. |
Licence to contravene the acceptable conditions for the discharge of industrial effluent or mixed effluent
15. (1) Any person may apply for a licence under subsection 25(1) of the Act to contravene the acceptable conditions of discharge of industrial effluent or mixed effluent as specified in regulations 11, 12 and 13.
(2) An application for a licence shall be made in accordance with the procedures as specified in the Environmental Quality (Licensing) Regulations 1977 [P.U. (A) 198/1977] and shall be accompanied by—
(a) a report on industrial effluent characterization study in a format as specified in the Guidance Document on Industrial Effluent Characterization Study issued by Department of Environment; and
(b) a licence and effluent-related licence fee as specified in regulation 31.
Methods of analysis and sampling of industrial effluent or mixed effluent
16. (1) An authorized officer may carry out an in-situ or ex-situ analysis of industrial effluent or mixed effluent using any instruments approved by the Director General.
(2) An analysis of any industrial effluent or mixed effluent discharged or released onto or into any soil, or into any inland waters or Malaysian waters shall be carried out in accordance with the methods contained in the
publications as specified in the Fourth Schedule.
FOURTH SCHEDULE [Subregulation 16(2)]
METHODS OF ANALYSIS OF INDUSTRIAL EFFLUENT OR MIXED EFFLUENT
1. The 21st edition of “Standard Methods for the Examination of Water and Wastewater” published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation of the United States of America; or
2. “Code of Federal Regulations, Title 40, Chapter 1, Subchapter D, part 136” published by the Office of the Federal Register, National Archives and Records Administration, United States of America.
(3) The analysis of the industrial effluent or mixed effluent referred to in subregulation (1) shall be based on grab samples.
(4) In this regulation—
(a) “ex-situ analysis” means the analysis conducted on an industrial effluent or mixed effluent sample that has been removed from its location and conducted at the different site from the site the sample was taken;
(b) “in-situ analysis” means the analysis conducted on an industrial effluent or mixed effluent sample that has not been removed from its location or conducted at the site where the sample was taken; and
(c) “grab sample” means a discrete individual sample taken within a period of time of less than fifteen minutes.
So, sampling point, personnel, methods, apparatus & equipment are prone to errors, thus, rendering the data as doubtful if not challenged in legal terms. Lets observe sample preservation and let our Chemists and Lawyers worries about the rest. Here's something from the 'old school' based on Reference: APHA 19th Edition 1995; Hope to have the updated version from you. I'm too tired to surf. It's too windy!
PARAMETER
|
CONTAINER
|
MIN. SIZE (mL)
|
PRESERVATION
|
Minimum RecommendedStorage / Regulatory
|
BOD
|
P,G
|
1000
|
REFRIGERATE
|
24 hrs/14 d
|
COD
|
P,G
|
100
|
Analyze immediately or refrigerate and add HCL to pH<2
|
7 d / 28 d
|
Oil & Grease
|
G, wide mouth
|
1000
|
Add H2SO4 to PH<2, refrigerate
|
28 d / 28 d
|
Solids
|
P,G
|
200
|
Refrigerate
|
7 d/ 2-7 d
|
Metals, gen.
|
P(A), G(A)
|
500
|
For dissolved metals; filter immediately, add HNO3 to
pH<2
|
6 months / 6 months
|
Cr 6+
|
P(A), G(A)
|
300
|
refrigerate
|
24 hr / 24 hr
|
Hg
|
P(A), G(A)
|
500
|
add HNO3 to pH<2, refrigerate
|
28 d / 28 d
|
Boron
|
P
|
100
|
not required
|
28 d / 6 mth
|
Chlorine Residual
|
P,G
|
500
|
analyze immediately
|
stat
|
Cyanide; total
|
P,G
|
500
|
Add NaOH to pH>12, refrigerate in dark
|
24 h / /14 d If Sulphide present stat
|
Color
|
P,G
|
500
|
refrigerate
|
48hrs / 48hrs
|
Nitrogen, Ammonia
|
P,G
|
500
|
Analyze immediately or add H2SO4 to PH<2,
refrigerate
|
7 d / 28 d
|
Phenol
|
P,G,
|
500
|
H2SO4 to PH<2, refrigerate
|
28 d
|
pH
|
P,G
|
50
|
analyze immediately
|
2 h / stat
|
Turbidity
|
P,G
|
100
|
Analyze same day; store in dark up to 24hrs; refrigerate
|
24h / 48h
|
17. (1) The point of discharge of industrial effluent or mixed effluent shall comply with the specifications as specified in the Eleventh Schedule and shall be clearly indicated by the owner or occupier of a premises on the layout plans or engineering drawings certified by a professional engineer.
(2) An owner or occupier of the premises shall submit to the Director General the layout plans or engineering drawings referred to in subregulation (1) thirty days before the premises commence operation.
(3) Where an owner or occupier of the premises proposes to make any alteration or change to the location or position of the point of discharge or design of the outlet at the point of discharge of industrial effluent or mixed effluent, he or it shall notify the Director General within thirty days prior to the making of such alteration or change.
The point of final discharge (FDP) of treated effluent is also a legal affair. We can't re-route it unless with prior notification to the authority. |
SPECIFICATIONS OF POINT OF DISCHARGE OF INDUSTRIAL EFFLUENT OR MIXED EFFLUENT
1. The discharge point is located within the boundary of the premises, immediately after the
final unit operation or unit process of the industrial effluent treatment system.
2. The location of the discharge point is easily accessible and does not pose any safety hazards to personnel performing site inspection or effluent sampling.
3. The industrial effluent or mixed effluent is discharged through a pipe, conduit or channel to facilitate effluent sampling.
Signage that indicates the type of treatment scheme is also helpful. An endeavor pioneered by some Palm Oil Mills in Malaysia since the 80s. |
4. The discharge point is physically identified by installing a metal identification sign which reads “Final Discharge Point”.
5. The discharge point and its surrounding are properly maintained to be free from any obstruction that may pose difficulty or hazards during site inspection or effluent sampling.
Prohibition against industrial effluent or mixed effluent discharge through by-pass
18. (1) No person shall discharge or cause or permit to be discharged any industrial effluent or mixed effluent onto or into any soil, or into any inland waters or Malaysian waters through a by-pass.
(2) In this regulation, “by-pass” means any diversion of industrial effluent or mixed effluent from any portion of an industrial effluent treatment system.
An Effluent By-pass causes chronic 'coronary' effect to the aquatics. This had CuCN from Gold Plating. |
Dilution of industrial effluent or mixed effluent
19. (1) No person shall dilute, or cause or permit to be diluted, any industrial effluent or mixed effluent, whether raw or treated at any time or point after it is produced at any premises.
(2) Industrial effluent or mixed effluent becomes diluted when it undergoes a process to make it less concentrated by adding water or other liquids from external sources other than liquids or materials used for treating the industrial effluent or mixed effluent.
Oily raw effluent spilled when a holding transfer sump cracked from a factory 200m upstream from here. |
Spill, accidental discharge or leakage of industrial effluent or mixed effluent
20. (1) In the event of the occurrence of any spill, accidental discharge or leakage of any industrial effluent or mixed effluent which either directly or indirectly gains or may gain access onto or into any soil, or into any inland waters or Malaysian waters, the owner or occupier of the premises shall immediately and not more than six hours from the time of the occurrence inform the Director General of the occurrence.
(2) An owner or occupier of the premises shall, to every reasonable extent, contain, cleanse or abate the spill, accidental discharge or leakage or recover the industrial effluent or mixed effluent discharged in a manner that satisfies the Director General.
(3) The Director General may in any particular case, if he considers it necessary to do so, specify the manner in which the spill, accidental discharge or leakage is to be contained, cleansed or abated and the owner or occupier of the premises shall comply with such specification.
(4) The Director General shall determine any damage caused by any spill, accidental discharge or leakage and may recover all costs and expenses from the owner or occupier of the premises.
(5) Where the Director General undertakes to cleanse or abate the spill, accidental discharge or leakage, he shall determine the full costs and expenses incurred and may recover such costs and expenses from the owner or occupier of the premises in accordance with the provisions of section 47 of the Act.
Prohibition against discharge of industrial effluent or mixed effluent containing certain substances
21. No person shall discharge or cause or permit the discharge of any industrial effluent or mixed effluent containing any of the following substances onto or into any soil, or into any inland waters or Malaysian waters:
(a) any inflammable solvent;
(b) any tar or other liquids immiscible with water;
(c) sawdust or wood waste; or
(d) sludges.
Making changes that alter quality of industrial effluent or mixed effluent
22. (1) The holder of a licence shall not make, or cause or permit to be made, any changes to the premises or in the manner of running, using, maintaining or operating the premises or in any operation or process carried out at the premises, which cause, or is intended or is likely to cause, a material increase
discharged from the premises, unless prior written permission of the Director General has been obtained for the change.
(2) For the purpose of subregulation (1), changes to licensed premises include—
(a) any change in the construction, structure or arrangement of the premises or any building serving the premises;
(b) any change in the construction, structure, arrangement, alignment, direction or condition of any channeling device, system, or facility serving the premises; and
(c) any change of, to, or in any plant, machine or equipment used or installed at the premises.
Restriction on discharge or disposal of sludge
23. (1) No person shall discharge, or cause or permit the discharge or disposal of any sludge generated from any production or manufacturing process, any industrial effluent treatment system or water treatment plant onto or into any soil, or surface of any land, or into any inland waters or Malaysian waters
without the prior written permission of the Director General.
(2) In this regulation, “water treatment plant” means any facility used or constructed for the treatment of water for domestic or industrial purpose.
Reporting changes in information furnished for purpose of application of licence
24. An applicant for a licence or for the renewal or transfer of such licence shall, within seven days of the occurrence of any material change in any information furnished in his application or furnished in writing pursuant to a request by the Director General under subsection 11(2) of the Act, give the Director General a report in writing of the change.
Display of licence
25. The holder of a licence shall display his licence, together with every document forming part of the licence, in a conspicuous place in the principal building of the premises. Continuance of existing conditions and restrictions in case of change in occupancy
26. Where a person becomes the occupier of any licensed premises in succession to another person who holds an unexpired licence in respect of such premises, then—
(a) for a period of fourteen days after the change in occupancy; or
(b) where the new occupier applies within the period specified in
paragraph (a) for the transfer of the licence to him, for the period
from the change in occupancy until the final determination of his
application,
the conditions and restrictions of the licence shall be binding on the new
occupier and shall be observed by him, notwithstanding that he is not yet the
holder of the licence or that the licence may, during the period as specified
in paragraph (a) or (b), as the case may be, have expired.
Maintenance of record
27. (1) An owner or occupier of a premises equipped with the industrial effluent treatment system shall maintain records of the manufacturing processes, operation, maintenance and performance monitoring of the industrial effluent treatment system.
(2) The records under subregulation (1) shall be made available for inspection by the authorized officer.
Personnel training
28. An owner or occupier of a premises—
(a) shall ensure that his or its employees attend training on environmental requirements and the best management practices in the operation and maintenance of industrial effluent treatment system before they
begin work;
(b) shall ensure that the training for his or its employees include retraining on updates for new, revised and existing requirements and procedures; and
(c) shall maintain records of training which shall include the training date, name and position of employee, training provider and a brief description of the training content.
Owner or occupier to render assistance during inspection
29. An owner or occupier of a premises shall provide the Director General or any authorized officer every reasonable assistance and facility available at the premises, including labour, equipment, appliances and instruments that the Director General or authorized officer may require for the purpose of inspection.
Drain-gates is a contingency for accidental releases. |
Prohibition order
30. (1) In the event of any undesirable occurrence as listed in the Twelfth Schedule, the Director General may issue a prohibition order to an owner or the occupier of a premises prohibiting the further operation of an industrial plant or process absolutely or conditionally for such period as the Director General may direct or until remedial measures as directed by the Director General have been complied with.
(2) For the purpose of subregulation (1), a copy of the Director General’s prohibition order shall be posted in a conspicuous place in the vicinity of the facility to which the said prohibition order refers and No person shall operate such industrial plant or process with effect from the date of the prohibition order until the prohibition order is withdrawn.
(3) Where a prohibition order has been issued to an owner or occupier of any premises prohibiting the further operation of an industrial plant or process, the Director General or any authorized officer shall render such industrial plant or process inoperative by any means as the Director General or authorized officer may determine.
TWELFTH SCHEDULE [Subregulation 30(1)]
LIST OF UNDESIRABLE OCCURRENCES
1. Pollution cases that seriously threaten the environment or public health and safety which warrant immediate halt.
2. Premises that experience industrial disaster such as fire, explosion and the like which may pose serious risk to the environment or the public in the vicinity.
3. Serious environmental pollution which gives rise to frequent complaints and upon investigation, the complaints are found to be justified and the premises are flouting the directives of the Director General.
4. Premises which frequently commit similar offences despite having been subject to various legal actions by the Director General such as notices, directives, compounds or court action.
5. Pollution cases which cause serious negative impacts to aquatic life and there is evidence indicating that the premises do not make sufficient effort to overcome the pollution problems.
6. Serious environmental pollution with wide coverage in the mass media and there is evidence indicating that the pollution occurred as a result of absence, non-operation or malfunctioning of industrial effluent treatment system in the premises.
7. Premises which discharge untreated or partially treated industrial effluent or mixed effluent or which discharge industrial effluent or mixed effluent through a by-pass and based on measurements or analysis of industrial effluent or mixed effluent quality using in-situ methods, there is evidence indicating that the industrial effluent or mixed effluent is grossly non-compliant.
Licence fee
31. (1) The fee for a licence shall be five hundred ringgit and an additional effluent-related licence fee computed in accordance with the method as specified in the Thirteenth Schedule.
(2) The fee for a licence and the additional effluent-related licence of five hundred ringgit shall accompany the application.
(3) If the Director General refuses to approve the application for a licence and the additional effluent-related licence, only the effluent-related licence fee shall be refunded.
(4) The fee for transfer of licence shall be one hundred ringgit.
THIRTEENTH SCHEDULE [Subregulation 31(1)]
METHOD OF COMPUTING EFFLUENT-RELATED LICENCE FEE
Parameter Fee per kg of contaminant Fee per kg of contaminant
discharged into inland waters discharged onto any soil or into
as specifi ed in paragraph 11(1)(a) other inland waters
(i) BOD5 at 20°C RM 0.50 RM 0.05
(ii) Mercury RM 2500.00 RM 250.00
(iii) Cadmium RM 2500.00 RM 250.00
(iv) Chromium, Hexavalent RM 2500.00 RM 250.00
(v) Chromium, Trivalent RM 2500.00 RM 250.00
(vi) Arsenic RM 2500.00 RM 250.00
(vii) Cyanide RM 2500.00 RM 250.00
(viii) Lead RM 2500.00 RM 250.00
(ix) Copper RM 2500.00 RM 250.00
(x) Manganese RM 2500.00 RM 250.00
(xi) Nickel RM 2500.00 RM 250.00
(xii) Tin RM 2500.00 RM 250.00
(xiii) Silver RM 2500.00 RM 250.00
(xiv) Selenium RM 2500.00 RM 250.00
(xv) Barium RM 2500.00 RM 250.00
(xvi) Fluoride RM 2500.00 RM 250.00
(xvii) Formaldehyde RM 2500.00 RM 250.00
(xviii) Zinc RM 2500.00 RM 250.00
(xix) Boron RM 500.00 RM 50.00
(xx) Iron RM 500.00 RM 50.00
(xxi) Phenol RM 500.00 RM 50.00
(xxii) Sulfide RM 500.00 RM 50.00
(xxiii) Oil and Grease RM 500.00 RM 50.00
(n-hexane extract) RM 500.00 RM 50.00
(xiv) Ammoniacal Nitrogen RM 500.00 RM 50.00
Penalty
32. Any person who contravenes regulations 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 28, 29 and 30 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to a term of imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after the notice by the Director General requiring him to cease the act as specified in the notice has been served upon him.
Revocation, transitional and savings provision
33. (1) The Environmental Quality (Sewage and Industrial Effluents) Regulations 1979 [P.U. (A) 12/1979] is revoked (hereinafter referred to as “the revoked Regulations”).
(2) Any application made under this revoked Regulations for a licence to contravene the acceptable conditions, renewal or transfer of such licence, or written permission, which are pending immediately before the date of the coming into operation of these Regulations shall, after the date of the coming into operation of these Regulations, be dealt with under the revoked Regulations and for such purposes it shall be treated as if these Regulation have not been made.
(3) All licences issued and written permission granted under the revoked Regulations shall, after the date of the coming into operation of these Regulations, continue to remain in full force and effect until the licence expires, is amended, suspended or cancelled or the written permission expires or is revoked under
the revoked Regulations and for such purposes it shall be treated as if these Regulation have not been made.
(4) The provisions of the revoked Regulations relating to the acceptable conditions for discharge of effluent shall continue to apply until twelve months after the date of the coming into operation of these Regulations where on the date of the coming into operation of these Regulations—
(a) any work on any construction of any industrial effluent treatment system has not commenced within twelve months from date of the issuance of the written permission for its construction immediately
before the date of the coming into operation of these Regulation;
(b) any work on any construction of any industrial effluent treatment system has commenced but has not been completed immediately before the date of the coming into operation of these Regulations; or
(c) any work on any construction of any industrial effluent treatment system has been completed but has not begun its operation before the date of the coming into operation of these Regulations.
(5) Where on the date of the coming into operation of these Regulations, any premises is discharging industrial effluent or mixed effluent into any inland waters which is not specified as a catchment area under the revoked Regulations immediately before the date of the coming into operation of these Regulations, the provisions of the revoked Regulations relating to acceptable conditions for discharge of effluent shall continue to apply to such effluent until twelve months after the date of the coming into operation of these Regulations.
(6) Any proceeding, whether civil or criminal, commenced under the revoked Regulations and are pending on the date of the coming into operation of these Regulations shall, on the date of the coming into operation of these Regulations, be continued and concluded under the revoked Regulations and for such purposes it shall be treated as if these Regulation have not been made.
Hope this would save your back and forth flicking of the law book and alleviate judicial related stresses!
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