Mohd Sani Mat Daud

Senior Principal Assistant Director

Law & Env. Forensic Sect, Enforcement Division,

Department of Environment, Malaysia

Forum On Environmental Legislation 2015

In Conjunction With ENSEARCH 31st AGM,

14 May 2015,

WateR is a most pReCious

ResouRCe.

All liFe depends on it.

We must manage its use

Wisely.

Regulation is an impoRtant

tool.

DOE’s FUNCTION

INTRODUCTION

Enforce the requirements under the EQA and it

Subsidiary Legislations

The Environmental Quality Act, 1974 was

enacted to prevent, abate, control pollution

and enhance the quality of environment

The Department of Environment administer and

enforce the EQA 1974, and Section IV of the

Economic Exclusive Zone Act 1984

ENVIRONMENTAL QUALITY ACT 1974

PREVENTION

OF POLLUTION

ABATEMENT OF

POLLUTION

CONTROL OF

POLLUTION

ENHANCEMENT

OF THE

ENVIRONMENT

• Licensing

• Setting Acceptable

Conditions

• Prohibition

• Environmental Audit

Prohibition against causing vehicles,

ship or premises to become prescribed

conveyance or prescribed premises

Report on impact on environment

resulting from prescribed activities

Power to control use of

substance and product &

to state environmental

labeling

Power to specify rules

on deposit & rebate

schemes

Research Cess

Power of recovery of

costs & expenses.

Environmental

Protection Policy,

Issuance of license,

research etc.

PREMISE / INDUSTRY- Pollution should be controlled at source

POLULTER PAY PRINCIPAL- Polluters must pay or bear the cost of their pollution control

STANDARDS SETS- Sets may be contravened in certain circumstances provided that it does not adversely affect the environment

VARIALBLE STANDARDS- May be specified if the uniform standards is inadequate to protect the environment

37 subsidiary EQ regulations introduced to deal with specific issues ranging from

• agro-based and manufacturing industries, sewage & landfill leachate

• air emissions from stationary and mobile sources including open burning,

• noise from motor vehicles• management of scheduled wastes• environmental impact assessment.

Coverage

7

1970 an – 1980 : Agro based

1990 – 2015 : Manufacturing and High Tech

Green Technology

8

1. To address any ‘lope holes’

2. To meet Malaysia’s commitment under

multilateral agreements

3. More detterent – impose heavier penalty

4. To take action on the CEO/Board of

Director

5. Self regulatory

6. Green industry approach

DOE re-examine its objectives, strategies & plans of actions

To ensure that DOE are

current, forward

looking, effective,

efficient and able to meet

the demands of the time

and public

“Outcome

based”

(2010++)

“Output

based”

(1980-

2009)

9

POINT SOURCES

• Industrial premises

• Sewage

• Residential, Commercial,

• premises

• Restaurants/Food courts

• Wet markets

• Poultry & Pig Farm

• Beef, & Dairy Farm

• etc

NON POINT SOURCES

• Golf courses

• Dumpsites

• Construction sites

• Sand mining

• Logging

• Plantations

• Agricultural farms

• Livestock farms

• Squatter colonies

10

Discharged raw effluent to public drain

Prohibition Order issued under Regulation 30,

P.U.(A)434 on 5 October 2011 by DG

TEXTILE FACTORY

11

Sewage treatment

system

Dirty: The manhole is left uncovered and thus

enable raw sewer to overlow into the river

during the high tide and rainy weather.

Sewage

12

Slaughter House

13

Wet Market - Sullage

Facts:

Even more polluting than

household sullage - due to

highly concentrated organic

wastes.

Currently not channelled &

treated in the STP but directly

discharged into the drain/rivers.

Restraurants/Food Court

15

16

Bad Management Practice

17

Bad Management Practices

18

Best Management Practices

Sedimentation Pond

Clear water discharge

Phases of Sediment Pond

19

Improper Reclamation Activities

ENVIRONMENTAL QUALITY ACT 1974

– The principal legal instrument to control water

pollution in Malaysia

- However EQA is applicable to industrial

discharges, sewage and EIA Projects

- Other Related Laws – National Land Code 1965,

Forestry Act, Land Conservation Act, Local

Government Act, Town & Country Planning Act

(among others) have provisions to deal with

other land based activities.

21

Section 10 -18 – Licensee to Comply with license conditions

Section 25 - Restrictions on pollution of inland water

Section 34 A - EIA Report on environment resulting from prescribed activities

Section 34AA – The prohibition order or stop work order

Section 34B – The prohibition against placing, deposit, etc of scheduled wastes on land or into Malaysian waters

EQ (PRESCRIBED PREMISES)

(CRUDE PALM OIL MILL)

1977

EQ (PRESCRIBED PREMISES)

(RAW NATURAL RUBBER)

EQ(ENVIRONMENTAL IMPACT

ASSESSMENT) 1989

EQ (SCHEDULED

WASTES) 2005

EQ (SEWAGE) 2009

EQ (INDUSTRIAL EFFLUENT)

2009

EQ (CONTROL OF

POLLUTION FROM SOLID

WASTE TRANSFER STATION & LANDFILL)

2009

CONTAMINATED SOIL

ANIMAL FARMING

SILTATION (FUTURE)

Agro-based industries (palm oil mills & natural rubber factory)

Precribed premises

Limit for parameter of effluent to be discharged

Licensing

Compliance with licence conditions

Reporting

Penalties (maximum RM50,000 or 5 years imprisonment

Not compoundable offences

Not prescribed premises

Rapid measurement of effluent quality

Limit for parameter of effluent to be discharged

Competent Person

Training

Self Regulatory (performance monitoring & record keeping)

Reporting

Penalties (maximum RM100,000 or 5 years imprisonment)

Compoundable offences

Prohibition order

Prescribed or not prescribed Activities

Leachate discharge

Limit for parameter to be discharged

Spill, accidental discharge or leakage

Competent Person &Training

Self Regulatory (performance monitoring & record keeping)

Reporting

Penalties (maximum RM100,000 or 5 years imprisonment)

Compoundable offences

Prohibition order

Prescribed or not prescribed Activities

Disposal of Schedule wastes

Notification and Inventory

Labelling and storage

Spill or accidental discharge

Competent Person and Training

Reporting

Penalties (maximum RM100,000 or 5 years

imprisonment)

Compoundable offences

Prescribed Activities

Water/silt discharge

Limit for parameter to be discharged

Competent Person &Training

Self Regulatory (performance monitoring & record keeping)

Reporting

Penalties (maximum RM100,000 or 5 years imprisonment)

Not Compoundable offences

Prohibition order and Stop Work Order

Approaches for the Control of

Water Pollution

The Existing Approach :

Enforcements relies heavily on:

(i) industry inspections to

determine compliance with

the law/regulations, and

(ii) to drive industries towards

achieving compliance

The New Approach :

More responsibilities given to

industries to self-police and self-

demonstrate their compliance

Constraints: - manpower, distance, time

consuming, finances, inspection on an

individual industry are infrequent and few.

Resulting in : Snap shot information on

industry’s compliance status but miss out the

status on a long term basis)

With the intended objective of

promoting a culture of IETS ownership

- pride of environmental

performance

- mainstreaming IETS performance

into the day to day industry’s

management procedure

DOE needs to guide the industries from where they

are now (i.e shifting the existing “regulatory driven”

to the common destination of being “self-driven”)

Guided Self-Regulation means – the industries are

guided towards achieving compliance where they are

provided with the necessary tools to :

- develop understanding of legal framework

- develop skills to operate and maintain the IETS

optimally

- develop ownership of the IETS matters

- self demonstrate regulatory compliance

- mainstream IETS matters into industry’s

management and decision making

DOE need to implement effective programs and

make available sufficient improvement elements &

tools to create a paradigm shift in order to bring

about this cultural change.

Package of Improvement Tools -

which are translated into

regulatory provisions includes:

1. Notification

2. Rapid measurement of

Effluent Quality

3. Training - Competent Industry

Personnel

4. Performance Monitoring

5. Record Keeping

6. Discharge monitoring

7. Prohibition Order

Improvement in Sewage Treatment & Rationalization Programme (through River of Live, ROL)

Specific Discharge Standards for Industrial Wastewater, Sewage, Landfill Leachate and Animal Farming (newly proposed)

In-situ testing of wastewater for Enforcement Officers

Use of Modelling Techniques to Predict Impact of Waste Water Discharges on River Water Quality

Strategized Enforcement & Utilization of Spatial Database through the Pollution Source Survey (PSS)

Promotion of Cleaner Production and Green Technology (for SME)

Mandatory application of Cleaner Production to minimize and reduce generation of waste water, reduce pollution load in wastewater

Promotion of Centralised Wastewater Treatment

System

Establishment of Special Section on Environmental

Technology as Advisory and R&D especially for

wastewater treatment system

Automatic Water Quality Monitoring – For waste water

discharges and ambient water quality (to be linked to

DOE Control Room)

Certification Courses for Competent Person to operate

the WWTP as well for enforcement officers

Incentives or tax reduction or soft loan for pollution

control technology(wastewater treatment) by MIDA &

MITI

Written Directives

Written Notices

Compound

Maximum compound – RM 2000

Prosecution

Maximum penalty- RM 500,000 or 5 years

imprisonment or both.

Mandatory Imprisonment (minimun 1 day)

Siezure of Equipments Operation (maximun 2 weeks)

Prohibition Order (longer period)

Revocation or Suspension of licence

EQA/

Regulation

(EQ)

Number Per Year

2013 2014 2015 (April)

Enforcement

Inspections

11508 13535

Written

Notices

1672 1693

EQA/

Regulation

(EQ)

Number of Cases/Year

2013 2014 2015 (April)

Sec 16 43 75 9

Sec 25 5 7 2

Sec 34A(6) 4 0 0

Sec 34A(7) 6 0 0

EQ (IE) 124 98 10

EQ(S) 6 6 0

Total 188 186 21

EQA/

Regulation

(EQ)

Number of Cases/Year

2013 2014 2015 (April)

Sec 16 43 75 9

Sec 25 5 7 2

Sec 34A(6) 4 0 0

Sec 34A(7) 6 0 0

EQ (IE) 124 98 10

EQ(S) 6 6 0

Total 188 186 21

EQA/

Regulation

(EQ)

Number of Compounds/Year

2013 2014 2015 (April)

EQ(SWTS&LF) 8 3 0

EQ (IE) 505 355 103

EQ(S) 50 77 5

Total 563 435 118

EQA /

Regulation

(EQ)

Number of Prohibition Order/Year

2013 2014 2015 (April)

EQA Sec 31A 5 4 0

EQA /

Regulation

(EQ)

Number of Work Stop Order/Year

2013 2014 2015 (April)

EQA Sec 34AA 2 0 0

TOTAL FOR

DOE

Number of

Pollution Sources

Number of DOE’s

Enforcement Officers

Number of Regulations

under the EQA 1974

2000 13,992 807 21

2014 61,000 1,166 37

TOTAL

IN DOE

SELANGOR

Number of

Pollution Sources

Number of DOE’s

Enforcement Officers

Number of Regulations

under the EQA 1974

2000 4,168 39 21

2014 12,105 128 37

DOE NEED TO WORK CLOSELY WITH OTHER AGENCIES TO ENHANCE OUR RESPONSE

AND ACTION IN ENVIRONMENTAL PROTECTION – RE STRATEGIZE OUR EFFORT

Review of EQA, Up-dated Regulations/New

Regulations under EQA 1974

• EQA 1974 amendment (Drafted)

• Pollution Control from Animal Farming

Activities (Drafted)

• Industrial Eflluent (Drafted)

• Prescribed Premise: Crude Palm Oil (Drafted)

• Prescribed Premise: Raw Natural Rubber

(formulated)

• Marine Pollution Control Regulation (Drafted)

• Soil Contaimination Regulatian (Drafted)

With the current constraints in the resources, the enforcement of the Environmental Quality Act (EQA) 1974 is in need to be strengthen and well strategized in order to keep up with the challenges and to keep ourselves relevant in environmental management in Malaysia as new and complicated issues arises.

DOE will continue our effort to prevent and control pollution but all agencies need to also do their part.

Raise awareness among the publics to be more responsive in keeping the environment clean

To ensure deterrent sentences could be deliver by Green Court

Cases can be settled faster

PARAMETER STD A STD B

T 40oC 40oC

pH 6.0 – 9.0 5.5 – 9.0

BOD5 20 50

Suspended Solids 50 100

Mercury 0.005 0.05

Cadmium 0.01 0.02

Chromium, Hexavalent 0.05 0.05

Chromium, Trivalent 0.20 1.0

Arsenic 0.05 0.10

Cyanide 0.05 0.10

Lead 0.10 0.5

Copper 0.20 1.0

Manganese 0.20 1.0

Nickel 0.20 1.0

Tin 0.20 1.0

PARAMETER STD A STD B

Zinc 2.0 2.0

Boron 1.0 4.0

Iron 1.0 5.0

Silver 0.1 1.0

Aluminium 10 15

Selenium 0.02 0.5

Barium 1.0 2.0

Fluoride 2.0 5.0

Formaldehyde 1.0 2.0

Phenol 0.001 1.0

Free Chlorine 1.0 2.0

Sulphide 0.50 0.50

Oil & Grease 1.0 10

Ammoniacal Nitrogen 10 20

Colour 100 200

ACCEPTABLE CONDITIONS FOR DISCHARGE OF INDUSTRIAL EFFLUENT

OR MIXED EFFLUENT

NO. PARAMETER UNIT STD A STD B

(a) PULP & PAPER INDUSTRY

(i) Pulp mill mg/l 80 350

(ii) Paper mill (recycle) mg/l 80 250

(iii) Pulp & paper mill mg/l 80 300

(b) TEXTILE mg/l 80 250

(c) FERMENTATION &

DISTILLERY INDUSTRY

mg/l 400 400

(d) OTHER INDUSTRY mg/l 80 200

PARAMETER STANDARD

T 40oC

pH 6.0 – 9.0

BOD5 20

Suspended Solids 50

Mercury 0.005

Cadmium 0.01

Chromium, Hexavalent 0.05

Chromium, Trivalent 0.20

Arsenic 0.05

Cyanide 0.05

Lead 0.10

Copper 0.20

Manganese 0.20

Nickel 0.20

Tin 0.20

PARAMETER STD A

Zinc 2.0

Boron 1.0

Iron 1.0

Silver 0.1

Aluminium 10

Selenium 0.02

Barium 1.0

Fluoride 2.0

Formaldehyde 1.0

Phenol 0.001

Free Chlorine 1.0

Sulphide 0.50

Oil & Grease 1.0

Ammoniacal Nitrogen 10

Colour 100