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Hazardous and Toxic Wastes, Amendment of Regulation Regarding Handling (Gov't Reg. No. 12, 1995)

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REGULATION REGARDING
AMENDMENT OF REGULATION NUMBER 19 OF 1994
REGARDING
HANDLING OF HAZARDOUS AND TOXIC WASTES
Government Regulation Number 12 of 1995
PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering that:
  1. the hazardous and toxic wastes must be handled properly in order to prevent the risk of danger to environment and human health;
  2. that the management of hazardous and toxic wastes needs to take into consideration the technology to utilize the hazardous and toxic materials;
  3. that by the development of technology, the amount, the danger and/or the toxicity of the hazardous and toxic materials can be reduced and the efforts in the treatment of hazardous and toxic materials using such technology may also have a positive impact on the development of the sector of economy and the environment;
  4. that in connection with the foregoing matters, it is deemed necessary to improve the Government Regulation No. 19/1994 regarding the Handling of Hazardous and Toxic Wastes;
In view of:
  1. Article 5 sub-article 2 of the 1945 Constitution;
  2. Law No. 4/1982 regarding the Main Provisions of the Handling of Environment (State Gazette No. 12/1982, Addendum of State Gazette No. 3215);
  3. Law No. 5/1984 regarding Industry (State Gazette No. 22/1984, Addendum of State Gazette No. 3274);
  4. Government Regulation No. 19/1994 regarding the Handling of Hazardous and Toxic Wastes (State Gazette No. 26/1994, Addendum to State Gazette No. 3551);
DECIDES TO STIPULATE:
Government Regulation Regarding Amendment of
Government Regulation No. 19/1994
Regarding
Handling of Hazardous and Toxic Wastes
Article 1     To Amend Article 1, Article 6, Article 9, Article 12, Article 21, Article 25, Article 26, Article 27, Article 30, Article 31, Article 35 and Article 36 of Government Regulation No. 19/1994 Regarding the Handling of Hazardous and Toxic Wastes, as Follows:

1.    Provisions of Article 1 are amended and the article reads:

Article 1
In this Government Regulation the following meanings are used:
    1. Waste is the residue of certain activity and/or production process.
    2. Hazardous and Toxic Wastes, abbreviated to B3, are each waste containing hazardous and/or toxic materials which due to its nature and/or concentration and/or quantity, directly of indirectly is capable of damaging and/or polluting the environment and/or is capable of endangering human health.
    3. Handling of B3 wastes is a series of activities comprising the storage, collection, transportation, utilization, handling of B3 wastes including the stocking of the treatment product.
    4. B3 waste producer is a business entity which produces B3 wastes and store temporarily such wastes within its activity site prior to the delivery of the B3 wastes to a B3 collector or processor.
    5. B3 waste utilizer is a business entity undertaking activities to utilize the B3 wastes.
    6. B3 waste utilization is a process, recycle and or recovery and/or re-use, which converts B3 waastes into a product having economical value.
    7. B3 collector is a business entity undertaking activities to collect B3 wastes from B3 producers and B3 utilizers with the intention to temporarily store the B3 wastes prior to delivery to B3 waste processor.
    8. B3 waste processor is a business entity which operates B3 waste treatment facilities including the final piling of the treatment product.
    9. B3 waste treatment is a process to change the characteristics and the composition of the B3 wastes to become un-hazardous and/or un-toxic.
    10. B3 waste transporter is a business entity which undertakes B3 waste transportation activities.
    11. B3 waste transportation is a process to transfer B3 wastes from the producer to the utilizer and/or to collector and/or to B3 waste processor inluding transfer to the final piling by transportation means.
2.    Provisions of Article 6 are amended and the article reads:
Article 6
1.    B3 waste producers are required to treat B3 wastes.

2.    B3 waste producers are allowed to deliver their B3 waste products to an authorized B3 waste utilizer.

3.    B3 waste producers who are not capable of treating their B3 waste products, while the B3 wastes can not be re-utilized are required to deliver their B3 waste products to B3 waste processor.

4.    In the event the waste processor referred to in sub-article 3 is not available or has not the capacity to treat B3 wastes, the treatment of B3 waste still remains the obligation of the producer and the utilizer of the relevant B3 wastes.

5.    Delivery of B3 wastes by B3 waste producer as referred to in sub-article 3 can be implemented directly to the B3 waste processor or by way of B3 waste collectors.

6.    B3 waste collector shall deliver B3 wastes received from the B3 waste producer and utilizer to B3 waste processor.

7.    B3 waste collectors are not allowed to undertake collection activities in case of the un-availability of B3 waste processor except with the approval of the Head of the Environmental Impact Management Agency.

8.    Provisions applicable to B3 waste producers are applicable to B3 waste utilizers.

9.    B3 waste producers and utilizers are allowed to act as B3 waste utilizers.

10.    In the event the B3 waste producers and utilizers act as B3 waste processors too, the provisions referred to in Chapter III are applicable.

3.    Provisions of Article 9 are amended and the article reads:
Article 9
1.    B3 waste producers are required to prepare and to keep records regarding:
    1. types, characteristics, amount and time of B3 waste production.
    2. types, characteristics, amount and time of B3 waste deliveries.
    3. name of B3 waste transporters executing the delivery of B3 wastes to B3 collectors or processors.
    2.    B3 waste producers shall submit records referred to in sub-article 1 at least once every six month to the Head of the Environmental Impact Management Agency with copies to Head of the Guiding Authority and the Governor of the relevant province.

    3.    The records referred to in sub-article 1 are used for:

    1. inventory of the amount of B3 produced;
    2. evaluation materials in the framework of deciding B3 waste handling policies.
4.    Provisions of Article 12 are amended and the article reads:
1.    B3 collectors shall prepare records regarding:
    1. Types, characteristics and the time of receipt of B3 wastes from B3 waste producers;
    2. types, characteristics, amount and time of deliver of B3 wastes to B3 waste processors;
    3. names of B3 waste transporters implementing the delivery of B3 wastes to collectors and to processors.
    2.    B3 waste collectors shall submit records referred to in sub-article 1 at least once every six month to the Head of the Environmental Impact Management Agency with a copy to the Governor of the relevant province.
5.    Provisions of Article 21 are amended and the article reads:
Article 21
1.    Each business entity undertaking the following activities:
    1. B3 waste collection and/or treatment wastes shall have a permit issued by the Head of the Environmental Impact Management Agency.
    2. B3 waste transportation shall have a permit from the Minister of Communication after securing a recomendation from the Head of the Environmental Impact Management Agency;
    3. B3 waste utilization shall have a permit from the Head of the relevant Guiding Authorities after securing a recommendation from the Head of the Environmental Impact Management Agency.
    2.    Provisions regarding the procedure to secure permits as referred to in sub-article 1 letter a will be stipulated by the Head of the Environmental Impact Management Agency; sub-article 1 letter b will be stipulated by the Minister of Communication and sub-article 1 letter c will be stipulated by the Head of the relevant Guiding Authority.

    3.    B3 waste treatment activities which are integrated with the main activity shall secure a recommendation for the operation of treatment equipments the storage of B3 wastes issued by the Environmental Impact Management Agency and implemented in accordance with provisions of this government regulation.

    4.    Requirements to secure permits as referred to in sub-article 1 letter a and sub-article 2 are as follows:

    1. possessing a legal entity business establishment deed legalized by competent authorities.
    2. name and address of business entity applying the permit:
    3. activities engage;
    4. location of activities;
    5. name and the address of the man in charge of activities;
    6. raw materials and process uses;
    7. specification of waste treatment equipments;
    8. amount and characteristics of collected, transported and treated B3 wastes;
    9. lay-out of waste canals, waste treatment and site of temporary stocking of wastes prior to treatment and stocking site after treatment;
    10. pollution prevention equipments for liquid wastes, emmission and treatment of B3 wastes.
6.    Provisions of Article 25 are amended and the article reads:
Article 25
1.    In the event the B3 waste producer and utilizer also act as B3 waste processor and the treatment site is similar with the site of the main activities, the analysis for environmental impact for B3 waste treatment activities shall be integrated with the analysis regarding environmental impact for the main activities.

2.    In case the B3 waste treatment is carried out by the B3 producer and utilizer in the site of the main activities, only the environmental management plan and the environmental monitoring plan which were approved by the relevant Guiding Authority can be submitted to the Head of the Environmental Impact Management Agency together with the application for recommendation as referred to in Article 21 sub-article 3.

3.    The decision regarding the application for recommendation as referred to in sub-article 2 is taken by the Head of the Environmental Impact Management Agency within 30 (thirty) days from the receipt of the environmental management plan and the environmental monitoring plan approved by the relevant Guiding Authority.

4.    Requirements and obligations mentioned in the environmental management plan and the environmental monitoring plan as referred to in sub-article 2 is an unseparable part from the recommendation referred to in Article 21 sub-article 3.

7.    Provisions of Article 26 are amended and the article reads:
Article 26
1.    In case the B3 producer and utilizer acts as a B3 processor too and the treatment site is different from the main acitivity site, provisions regading B3 waste treatment in this Government Regulation are applied on the B3 waste treatment activities.

2.    B3 waste utilization activities are required to prepare analysis regarding environmental impact.

3.    Documents of analysis regarding environmental impact are submitted to the Head of the Environmental Impact Management Agency and the approval of such documents is given by the Head of the Environmental Impact Management Agency.

4.    Requirements and obligations included in the environmental management plan and the environmental monitoring plan approved by the Head of the Environmental Impact Management Agency are requirements and obligations which shall be contained in and as such become an unseparable part of the permit referred to in Article 21 sub-article 1 letter a.

8.    Provisions of Article 27 are amended and the article reads:
Article 27
1.    Import of B3 wastes are banned, except when it is necessary to supplement the deficiency in raw materials as part of the efforts to utilize B3 wastes.

2.    Transportation of B3 wastes from abroad through the territory of the Republic of Inbdonesia shall be priorly informed in writing to the Government of the Republic of Indonesia.

3.    Export of B3 waste to a foreign country can be implemented after receiving written approval from the government of the receving state and securing a written permit from the Government of the Republic of Indonesia.

4.    Further provisions regarding the commercial procedures for B3 wastes are decided by the Minister of Trade after receiving consideration from the Minister of Industry and the Head of the Environmental Impact Management Agency.

9.    Provisions of Article 30 are amended and the article reads:
Article 30
1.    The supervision on B3 waste treatment is carried out by the Environmental Impact Management Agency taking into consideration Article 7.

2.    Supervision as referred to in sub-article 1 covers the monitoring of compliance of requirements and technical and administration provisions by the producer, utilizer, collector, processor including stocker of B3 wastes.

3.    Implementation of supervision of B3 waste treatment in the region is conducted in accordance with the procedure decided by the Head of the Environmental Impact Management Agency.

4.    Supervision of the transportation of B3 waste is carried out by and in accordance with the procedure decided by the Minister of Communication.

10.    Provisions of Article 31 are amended and the article reads:
Article 31
1.    The supervisor in carrying out the supervision of B3 waste treatment as referred to in Article 30 sub-article 1 shall carry identity card and work order issued by the Head of the Environmental Impact Management Agency.
2.    The supervisor as referred to in sub-article 1 has the authority :
    1. to enter the site area of producer, utlizer, collector, processor including final stocker of B3 wastes;
    2. to take samples of B3 wastes for examination in a laboratory.
    3. to request information related to the implementation of B3 waste treatment activities.
    4. to take pictures as part of the supervision report.
11.    Provisions of Article 35 are amended and the article reads:
Article 35
1.    Producer, utilizer, transporter and processor of B3 wastes are responsible for the handling of accident and environmental pollution caused by the loosening or the spilling of B3 wastes under their control.

2.    Further provisions regarding the handling of accidents and pollutions as referred to in sub-article l are stipulated by the Head of the Environmental Impact Management Agency.

12.    Provisions of Article 36 are amended and the article reads:
Article 36
1.    Producer, utilizer, clolector, transporter and processor of B3 wastes shall immediately handle the pollution or damage of environment caused by their activities.

2.    In case the producer, utilizer, transporter and processor of B3 wastes fails to handle the pollution or damage of environment as referred to in sub-article or takes insufficient measures, the Head of the Environmental Impact Management Agency or a third party upon the request of the Head of the Environmental Impact Management Agency can take the necessary measures and the costs will be imposed on the producer and/or the utilizer, and/or the collector, and/or the transporter, and/or the processor of the relevant B3 wastes.

CHAPTER II
This Government Regulation is effective as of the date of promulgation.

For public cognizance this Government Regulation shall be contained in The State Gazette of the Republic of Indonesia.  

Stipulated in Jakarta on 2 May 1995
President of the Republic of Indonesia
Soeharto
Promulgated in Jakarta on 2 May 1995
State Minister of State Secretariate of the Republic of Indonesia
Moerdiono
State Gazette of the Republic of Indonesia No. 24/1995
Copied from the original
Cabinet Secretariat of the Republic of Indonesia
Head of the Legal and Law Bureau
Lainbock Nahakttands, S.H.
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Acknowledgement: Text and translation from unspecified source.

Disclaimer: APCEL has tried to ensure the accuracy, reliability and completeness of the information in this database; however, APCEL does not guarantee the accuracy, reliability or completeness of this information. If you encounter an error, please notify us by e-mail at lawapcel@nus.edu.sg.

EXPLANATION
REGULATION REGARDING
AMENDMENT OF REGULATION NUMBER 19 OF 1994
REGARDING
HANDLING OF HAZARDOUS AND TOXIC WASTES
Government Regulation Number 12 of 1995
GENERAL
The development of environmental management technology to reduce the amount, the danger and/or the toxicity of B3 wastes has been observed in a global scale. In order to put the B3 wastes under control it is necessary to utilize the efforts to manage the B3 wastes in this technology. Utilization of such environmental management technology must be able to promote the development and the application of clean technology in order to reduce the wastes produced in a certain process. Less wastes in a process in turn will reduce the costs of waste treatment.

B3 waste utilization which comprises the activities of recycling, recovery and reuse forms a chain essential to B3 waste treatment. On one side using the B3 waste utilization technology can reduce the amount of B3 wastes while on the other side this can enhance the utilization of raw materials which in turn will reduce the speed of consumptuion of natural resources.

ARTICLE BY ARTICLE
Article 1

Number 1:     sufficiently clear

Number 2:    Article 6

Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Sub-article 3:    sufficiently clear
Sub-article 4:    sufficiently clear
Sub-article 5:    sufficiently clear
Sub-article 6:    sufficiently clear

Sub-article 7:    B3 waste processor is not available means B3 waste processor located in the same location as the location of activities of the producer and/or the utilizer of B3 wastes, and therefore it is better that the B3 wastes produced by the producer and/or the B3 waste utilizer is priorly collected by the B3 waste collector.

Sub-article 8:    When not properly handled activities of B3 waste utilizer will produce B3 wastes having a high risk of danger to the environment and human health. Therefore utilization of B3 wastes must also comply with the provisions applied to B3 waste producers.

Sub-article 9:    sufficiently clear

Sub-article 10:    sufficiently clear

Number 3:    Article 9
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Sub-article 3:    sufficiently clear
Number 4:    Article 12
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Number 5:    Article 21
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Sub-article 3:    sufficiently clear
Sub-article 4:    sufficiently clear
Number 6:    Article 25
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Sub-article 3:    sufficiently clear
Sub-article 4:    sufficiently clear
Number 7:    Article 26
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Sub-article 3:    sufficiently clear
Sub-article 4:    sufficiently clear
Number 8:    Article 27
Sub-article 1:    Facts show that at present there are industries using B3 wastes as raw materials. Part of the raw materials is available locally while some are imported.

To supplement the deficiency of raw materials means that the imported raw materials are merely used to reach the economy feasibility for utilization. However it is essential to take steps to cease the import of B3 wastes at a certain time.

This means that at such time B3 waste utlization is expected to only use locally available B3 waste as raw materials.

Sub-article 2:    sufficiently clear

Sub-article 3:    Export of B3 wastes can only be implemented in case of the existence of a written statement from the competent authorities in the B3 waste export destination state that the state has a reasonably good B3 waste treatment facility and will not pose risk of danger to the environment and human health.

Sub-article 4:    Consideration of the Minister of Industry invloves matters related to the volume of demand for the supplement of deficiency of raw materials from B3 wastes which must be imported.

Consideration from the Head of the Environmental Impact Management Agency involves matters related to the management of negative impact which may result from the import and the utilization of the B3 wastes.

The foregoing considerations are submitted to the Minister of Trade once a year.

Only producer importers are allowed to import B3 wastes and the amount shall not exceed the real annual production capacity.

Number 9:    Article 30
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Sub-article 3:    sufficiently clear
Sub-article 4:    sufficiently clear
Number 10:    Article 31
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Number 11:    Article 35
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
Number 12:    Article 36
Sub-article 1:    sufficiently clear
Sub-article 2:    sufficiently clear
CHAPTER II

Sufficiently clear

Addendum to the State Gazette of the Republic of Indonesia No. 3595
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Acknowledgement: Text and translation from unspecified source.

Disclaimer: APCEL has tried to ensure the accuracy, reliability and completeness of the information in this database; however, APCEL does not guarantee the accuracy, reliability or completeness of this information. If you encounter an error, please notify us by e-mail at lawapcel@nus.edu.sg.


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