Overview of Scheduled Waste
Management in Malaysia & the
Way Forward
ENSEARCH Sustainability and Environmental
Management Conference & Exhibition (SEM2013)
22 & 23 October 2013
By
Dato’ Halimah Hassan
Director General of Environment Malaysia
Keynote Address
Presentation Outline
Introduction …
New Economic Modal
At the heart of any national development strategy lies the
imperative to raise the quality of life of its citizens
For Malaysia, this means continuing to invest in physical
infrastructure as well as driving productivity and
efficiency gains across the board. A new and rapidly
evolving environment requires new approaches of
management
HAZARDOUS WASTES MANAGEMENT Environmental Policy Development in Malaysia
Background …
Back in the days …
• In the 60’s, – great emphasis was placed on
industrial growth to spur development of the country
• Rapid industrial growth resulted in generation of
hazardous and scheduled waste
• Worsen by the lack of suitable and efficient facilities
for handling and treating the waste
• Resulting in uncontrolled and indiscriminate
hazardous waste disposal that became a serious
threat to the environment and public health
Back in the days …
• Environmental Quality Act (Act 127) came into force
on April 1974
• Federal Enforcement Agency – Environment
Division (Now Department of Environment) was
established in 1975. To prevent, control & abate
pollution through enforcement of the EQA 1974
• This point onwards, the environmental governance
in the country took on a structural form.
Management of Hazardous Waste …Milestones
Milestones …
• In April 1983 a national committee was set up to
finalize the drafting of the Policy Guidelines on
Handling, Storage, Transport and Disposal of
Toxic and Hazardous Wastes
• In 1984, DOE proposed the National Strategy for
the Management of Toxic and Hazardous Waste
• Regulations were gazetted on 27 April 1989 and
came into force on 1 May 1989
Milestones …
• 18 Dec 1995 – Kualiti Alam Sdn. Bhd. (KASB), was
awarded the exclusive right to implement and operate the
fully integrated facility for collection, transport, treatment
and disposal of scheduled waste. (at that time, state of
the art facility – first in the region)
• except radioactive, explosive and clinical wastes
• environmentally sound management of toxic and
hazardous wastes in Malaysia
• Assurance that such wastes will be collected, treated and
disposed in a proper and safe manner
Legislation
Section 34B, Environmental Quality Act, 1974
Environmental Quality (Prescribed Premises)(Scheduled Wastes Treatment & Disposal Facilities) Regulations 1989
Environmental Quality (Prescribed Premises)(Scheduled Wastes Treatment & Disposal Facilities) (Amendment)
Regulations 2006
Environmental Quality (Scheduled Wastes) Regulations 2005
Environmental Quality (Scheduled Wastes) (Amendment) Regulations 2007
Environmental Quality (Dioxin and Furan) Regulations 2004
Environmental Quality (Prescribed Conveyance) (Scheduled Wastes) Order 2005
Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment And Disposal Facilities Order) 1989
Highlights of the Scheduled Waste
Management • Scheduled wastes can be stored, recovered or treated
within the premises of the waste generators. Such activities
do not require licensing by the Department of Environment.
• A waste generator may store scheduled wastes generated
for 180 days or less after its generation provided that the
quantity of scheduled wastes accumulated on site shall not
exceed 20 metric tonnes. However, waste generators may
apply to the Director General in writing to store more than
20 metric tonnes of scheduled wastes.
• The containers that are used to store scheduled wastes shall be clearly labeled with the date when the scheduled wastes are first generated as well as the name, address and telephone number of the waste generator
• Land farming, incineration, disposal and off-site facilities for recovery, storage and treatment can only be carried out at prescribed premises licensed by the Department of Environment
• With the agreement between the GOM and Kualiti Alam Sdn. Bhd on 18 December 1995, integrated treatment facilities for treatment and disposal, off-site facilites, off site incinerators and secure landfills for scheduled wastes is not allowed.
Post 2015 …
• Agreement between the
Government of Malaysia and
Kualiti Alam Sdn. Bhd on 18
December 1995 on exclusivity ends in the Year 2015 ….
• Waste generators may apply for special management of scheduled wastes to have the scheduled wastes generated from their particular facility or process excluded from being treated, disposed of or recovered in premises or facilities other than at the prescribed premises or onsite treatment or recovery facilities, as stipulated under Regulation 7(1), Environmental Quality (Scheduled Wastes) Regulations 2005
Special Management
Transboundary movement of hazardous
wastes … • Malaysia on 8 October 1993 acceded to the Basel
Convention on the Control of Transboundary Movement
of Hazardous Wastes and their Disposal, 1989
• Principles of environmentally sound waste
management, to protect human health and
environment and to prevent dumping.
• Element of prior informed consent
• Section 34B, EQA and Amendments to the Customs
Prohibition of Import and Export Order (1988)
facilitated this process
Amendments of the EQA 2012
• Introduction of new provisions to enhance the
effectiveness of enforcement - amongst
others to address illegal disposal of
schedule waste
Amendments to the EQA 2012
• These include new provisions for:-
– reward to informers,
–power of arrest without warrant,
– a clause on “presumption” where it is sufficient
to just analyze a reasonable number of samples
and presume
– competent person : industries to employ a
competent person to manage schedule waste
Policies in Scheduled Wastes Management …
• Does not allow the importation of hazardous waste including e waste, for recovery or disposal
• Allows importation of used electronic and electrical equipment waste for direct reuse, provided such equipment shall not be more than 3 years from date of manufacture
• Refer to ‘Guidelines for the Classification of Used Electrical and Electronic Equipment in Malaysia DOE, 2008
Policies on Hazardous Waste Management
• Does not allow hazardous waste to be exported out of the country (recovery facilities already established)
• Only allow exportation if the local recovery facilities do not have the capability to carry out such activity, and proves to be submitted before approval, and is on case by case basis
• Exportation for final disposal is not allowed
Policies on Hazardous Waste Management
Evolution towards Excellence in Integrated Waste Management
Current Practice Future Direction
LANDFILL
DISPOSAL
LANDFILL DISPOSAL
TREATMENT
RECOVER
RECYCLE
REUSE
REDUCE
TREATMENT
RECOVER
RECYCLE
REUSE
REDUCE
PARADIGM SHIFT
Waste was once regarded
solely as an unwanted by
product
Waste recycling and
resource recovery are now seen as
potential resources
‘Cradle to Grave’ ‘Cradle to Cradle’
Inventories and Compliance …
Quantity of Scheduled Waste
Generation in Malaysia , by category
in the year 2012
2012: 2,854,516.78 MT
Quantity of Scheduled Waste
In 2012, a total of 2,854,516.78 metric tonnes of scheduled wastes were generated. This represents a decrease of 13 % as compared to 3,281,569.73 metric tonnes reported in 2011. Of which dross/slag/clinker/ash, gypsum, mineral sludge, oil and hydrocarbon, heavy metal sludge and e waste were the main categories.
Trend of Scheduled Waste Management in Malaysia
Year 2007 - 2012
2012: 2, 854,516.78 MT
2011: 3, 281,569.73 MT
2010: 3,087,496.84 MT
Facilities Handling Scheduled Wastes in Malaysia – year 2012
No. Facility Tones Percentage (%)
1 On-site Treatment 674,332.66 39.46
2 Local Off-site Recovery Facilities 596,527.89 34.91
3 On-site Storage 294,618.67 17.24
4 Kualiti Alam Sdn. Bhd 105,151.05 6.15
5 Off-site Clinical Waste Incinerators 18,055.03 1.06
6 Trinekens (Sarawak) Sdn. Bhd. 15,878.33 0.93
7 Foreign Facilities (Eksport) 4,145.10 0.24
Total 1,708,708.73 100.00
674,332.66
596,527.89
294,618.67
105,151.05
18,055.03 15,878.33 4,145.100.00
100,000.00
200,000.00
300,000.00
400,000.00
500,000.00
600,000.00
700,000.00
800,000.00
On-site Treatment
Local Off-site Recovery Facilities
On-site Storage
Kualiti Alam Sdn. Bhd
Off-site Clinical Waste Incinerators
Trinekens (Sarawak) Sdn. Bhd.
Foreign Facilities (Eksport)
MT
Facilities Handling
Facilities Handling Schedule Waste 2012Facilities Handling Scheduled Wastes 2012
Recovery Facilities licensed
In 2012 a total of 446 off site recovery facilities have been licensed. The most issued licensed are e-waste (153 facilities), oil/mineral sludges/spent coolant (58 facilities), heavy metal sludge/rubber (37 facilities), used container/contaminated waste/ink/paint/lacquer (34 facilities), solvent (31 facilities) and acid /alkaline (27 facilities)
Distribution of Scheduled Wastes Generated by State, 2012
Scheduled Waste Generated by State
The State of Trengganu generated the largest amount (20.9%) followed by Johor (20.14%), Perak (14.23%), Selangor (12.87%), Pulau Pinang (8.58%) whilst the other 10 states generated a total of 23.28%
Figure 6.16 Malaysia: Types of Treatment and Disposal of Waste, 2012 By Kualiti Alam Sdn Bhd and Trinekens (Sarawak) Sdn Bhd
Compliance to the EQ(Schedule Wastes)
Regulations 2005
• Number of compounds issued :
– 2010 : 1,569
– 2011: 1,060
– 2012: 1,258 (accounting to 19% off the 6,621
compounds were issued in 2012 against premises and
companies for various offences under the EQA 1974
• Most of the offences committed were failing to keep
inventory of waste generated, failure to adhere to
notification and labeling procedures.
Court action …
• In 2012, 3 cases for violation of Section 34B of
the EQA 1974 (that is illegal disposal) with fines
amounting to a total of RM70,000.00
• In 2013, the Sungai Selangor case of 30 August
2013, 18 charges under EQA including Section
34B and 12 charges under LUAS, DOE arrest on
17 Sept 2013, mentioned in court 10 Oct 2013)
(note Section 34B is for control of scheduled waste)
85
4
79 74
2
15
9
2
8 3 2 2
72
2
1,090,900
20,000 140,150
1,247,000
108,000 53,000 75,000
0
170,000 70,000
2,600 19,000
1,799,150
0 0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
2,000,000
0
10
20
30
40
50
60
70
80
90
DOE : Number of court Cases and Fines, 2012
Bil Kes
Jumalah Denda (RM)
• The first jail sentence of 6 months was imposed on an
offender that export waste without approval from the DG in
January 2008, including a fine of RM 10,000 or 3 months
imprisonment was imposed by the court.
• This stiffer penalty imposed is the consequence of the
amendment to the Environmental Quality Act 1974
enforced on 30th August 2007. With the amendment any
person committing an offence under Section 34B of the Act
(illegal disposal) is liable to a mandatory jail sentence not
exceeding 5 years and fines up to RM 500,000.00
Court action …
On-going Initiatives
• E-Consignment
• E-Waste and Household e-waste
• Environmentally Hazardous Substances Notification And Registration (EHSNR) Scheme
• Contaminated Land
E-Waste is the Most Challenging waste Stream
E-waste may contain hazardous substances such as lead, mercury, PCB,
asbestos and CFC’s that pose risks to human health and the environment;
The amounts of e-waste are growing rapidly, due to the wide use of this
equipment, both in developed countries and in developing countries;
Contains valuable material that can be recovered as secondary resources to conservation of energy and reduction in greenhouse gas emissions.
Sources of e-waste
Industrial sectors : from electrical and electronic assemblies
Household, commercial areas and institutions: used end of live electrical and electronic goods
Quantity of e-waste generated from the
HOUSEHOLD, COMERCIAL AND INSTITUTIONS
2006 : 652,909
metric ton
2007 : 695,461
metric ton
2008 : 688,068
metric ton
E- waste recovery facilities in Malaysia
146 e-waste recovery facilities in Malaysia with the total capacity to
handle more than 24,000 metric ton of e-waste per month.
128 are partial recovery, small and medium size operators engaged in
physical or manual segregation of e-wastes for further processing.
18 full recovery facilities which can process the e-wastes to recover the
precious metals.
Challenges related to e-waste management in Malaysia
Lack of Capacity to manage e-waste in an Environmentally Sound Manner
Collection, segregation and transportation of household e-waste
Disposal/ collection fee for household e-waste
Legislation and policy
Transboundary movement of e-waste
Managing the informal sectors
HOUSEHOLD E-WASTE
HOUSEHOLD E-WASTE RECYCLING FRAMEWORK
OUR OBJECTIVES
Environmentally Sound
Management of household e-
waste
To prevent illegal import
and export
Promote resource recovery
RECYCLING Principles of household E-Waste
Extended Producer
Responsibility
Life Cycle Analysis/
End of life cycle
Polluter Pay
Principle
Manufacturer / Importer
Retailer
Authority
Recycler
Who are the STAKEHOLDERS?
Roles and Responsibilities
AUTHORITY
• Develop policy and legislation
• Collection system at local level
• Monitoring the recycling target
MANUFACTURER
• Setting up collection system and collection point
• Establish recycling facility
• Complying with recycling targets
RETAILER • Involved in the collection system
RECYCLER • Recycle household e-waste
The Project aims at developing an effective and efficient e-waste collection system from households.
The developed system is expected to be used as a model for the nationwide collection system.
To assist the DOE to come out with appropriate policy on e-waste
Develop capacity to manage recovery efforts in a sustainable manner.
Develop schemes on the collection and segregation of e-waste, including take-back schemes
Cooperation between private and public sectors will enable the Government policies to be greatly enhanced
Deliver important economic and social outcomes
• Provide the necessary information that
will enable the Department of
Environment to identify substances of
concern in the country and make
decisions about how to manage these
substances in a safe and sound manner
EHSNR SCHEME
• Based on the information submitted by industry, DOE will establish the Malaysian Chemicals Register. The Malaysian Chemicals Register will contain information about the identity of substances that have been notified to DOE, their uses in Malaysia, their hazard market in classification and the accumulated amounts placed on the Malaysia.
EHSNR SCHEME
• Covers all substances not covered by other notification or registration schemes in Malaysia, and substances fulfilling the criteria for classification as hazardous in accordance with Globally Harmonised System (GHS) or until the full implementation of GHS, in accordance with the current classification requirements for chemicals in Malaysia.
• The Scheme is aimed at manufacturers and importers of Environmentally Hazardous Substances (EHS) and importers of chemical mixtures or finished products that contain EHS as their constituents. The Scheme is also aimed at companies importing individual EHS and/or chemical mixtures or finished products containing EHS as constituents above certain cut-off limits.
• Notification and Registration could be done through the EHSNR website at http://www.doe.gov.my.
Statistics …
• Until 31 December 2012, 1,365 chemical companies had
been identified as potential manufacturers and importers for
EHS
• 365 chemical companies had registered online through the
EHSNR web page
• From the registered companies:-
– 1,738 EHS had been registered under the scheme
– 798 EHS had been officially notified
– 180 EHS were required to do detailed notification
– EHS with detailed notification done so far totals to 149.
– 14 companies had registered as the overseas suppliers
Contaminated Land
• Definition:
– “land containing substances that when present in
sufficient concentrations, may cause harm to humans,
animals and the environment”.
• Land contamination … how?
– Industrial operations (disposal onto/into land);
– Range of contaminants – solvents, oil, petrol, heavy
metals, radioactive substances
– Agriculture activities (fertilization, soil treatment)
Contaminated Land
• No specific regulations to address soil contamination
• However, existing provisions under the EQA 1974:-
– Section 24, 31, 33A & 34B
– In the Environmental Quality (Scheduled Wastes)
Regulations 2005, contaminated soil is listed as a
scheduled waste requiring specific ways for its treatment
and disposal
Contaminated Land
• DOE recognizes the environmental implications of
contaminated land as a potential problem
• Year 2008 & 2009 - under the 9th Malaysia Plan, a
Study of the Criteria and Standards for
Managing and Restoring Contaminated Land in
Malaysia was initiated
• Purpose of the study – to provide a framework for
the proper assessment and management of
contaminated sites and subsequent clean-up and
restoration/remedial action
Contaminated Land
• Outcome will provide useful information for the
formulation of policy and guidelines for future
development of contaminated sites
• DOE has published 3 series of Guidelines for
Managing and Controlling Contaminated Land in
Malaysia in June 2009
New Focus Area …
NEW FOCUS AREA
• In exercising provision under Section 36A to 36E of
the EQA 1974 – collection of cess and the
establishment of Environmental Fund
• DOE is in the process of Establishment the
Environmental Fund and the mechanism of cess
collection on Scheduled & Hazardous Wastes
Generators and handlers.
NEW FOCUS AREA
• Noteworthy, ENSEARCH had conducted
a “Study on Establishment of
Environmental Fund’ in the year
2008/2009
The Way Forward …
• Environmentally Sound Management of Hazardous
Substances and Waste, and minimise risk to human
health and the environment
• Sound Legal Framework to address national issues
and international responsibilities
• Enhance competencies and professionalism
• Self enforcement, self monitoring and 3rd party
auditing
• High compliance rate (deterrent enforcement action)
THE WAY FORWARD
• Green Industry Strategic Plan
• Waste Minimization, Cradle to Cradle concept,
Waste to Wealth and Waste as Resources and/or
alternative fuel, and the application of Best
Available Technologies including Best Management
Practices.
THE WAY FORWARD
Evolution towards Excellence in Integrated Waste Management
Current Practice Future Direction
LANDFILL
DISPOSAL
LANDFILL DISPOSAL
TREATMENT
RECOVER
RECYCLE
REUSE
REDUCE
TREATMENT
RECOVER
RECYCLE
REUSE
REDUCE
PARADIGM SHIFT
Waste was once regarded
solely as an unwanted by
product
Waste recycling and
resource recovery are now seen as
potential resources
‘Cradle to Grave’ ‘Cradle to Cradle’
Thank you [email protected]
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