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SESSION 2: ROLE OF GOVERNMENT AND INDUSTRY IN DEVELOPMENT OF THE

ENVIRONMENTAL SERVICES

Schedule Waste Management in


Malaysia & The Way Forward
By
Dato Halimah Hassan
Director General of Environment Malaysia

APEC WORKSHOP ON ENVIRONMENTAL SERVICES IN THE 21ST CENTURY: CHALLENGES AND


OPPORTUNITIES FOR SUSTAINABILITY
14 15 OCTOBER 2014
KUALA LUMPUR, MALAYSIA

Presentation Outline

Commitments
to be
transparent in
our approach to
environmental
management

Self-critical of
our standards and
practices.

New Economic Modal

National Environment PolicyPolicy Statement


For Continuous Economic, Social
and Cultural Progress and
Enhancement of the Quality of
Life of Malaysians, through
Environmentally Sound and
Sustainable Development
8

National Environment PolicyObjectives


A Clean, safe, healthy and productive
environment for present and future
generations
Conservation of the countrys unique and
diverse cultural and natural heritage with
effective participation by all sectors of society

Sustainable lifestyles and patterns of


consumption and production
9

8 Supporting Principles

Stewardship of the Environment


Conservation of Natures Vitality and Diversity
Continuous Improvement in the Quality of the Environment
Sustainable Use of Natural Resources
Integrated Decision-Making
Role of the Private Sector
Commitment and Accountability
Active Participation in the International Community
10

7 Green Strategies
Education and awareness
Effective management of natural resources and the
environment
Integrated development planning and implementation
Prevention and control of pollution and environmental
degradation
Strengthening administrative and institutional mechanisms
Proactive approach to regional and global environmental
issues; and
Formulation and implementation of action plans
11

12

Environmental Policy Development in Malaysia

HAZARDOUS WASTES
MANAGEMENT
13

Background

14

Back in the days


In the 60s, 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
15

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
16

Management of Hazardous Waste


Milestones

17

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
18

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.
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
19

Legislation related
to Hazardous Waste
Management
20

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

21

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.
22

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. (For Peninsular Malaysia only) (Until Feb 2015)
23

Post 2015
Agreement between the Government of
Malaysia and Kualiti Alam Sdn. Bhd on
18 December 1995 on exclusivity
ends in the Year 2015 .

24

Special Management Regulation 7


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
25

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
26

Amendments of the EQA 2012


Introduction of new provisions to enhance the
effectiveness of enforcement - amongst
others to address illegal disposal of
schedule waste

27

Amendments to the EQA 2012


These include new provisions for: reward to informers, Section 49 B
power of arrest without warrant, Section 37C (1)
a clause on presumption where it is sufficient
to just analyze a reasonable number of samples
and presume , Section 48 AB
competent person : industries to employ a
competent person to manage schedule waste,
Section 49A (b)
28

Policies in Scheduled Wastes


Management

29

Policies on Hazardous Waste


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

30

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
31

Evolution towards Excellence in Integrated Waste


Management

REDUCE

REDUCE

REUSE
REUSE

RECYCLE
RECYCLE
RECOVER
RECOVER
TREATMENT

TREATMENT

LANDFILL DISPOSAL

LANDFILL
DISPOSAL

Direction
32

PARADIGM SHIFT

Waste was
once regarded
solely as an
unwanted byproduct

Cradle to Grave

Waste
recycling and
resource
recovery are
now seen as

potential
resources
Cradle to Cradle

33

Inventories

34

Quantity of Scheduled Waste Generation in Malaysia , by


category in the year 2012

Dross/slag/clinker/Ash
Gypsum
Mineral sludge
Oil & Hydrocarbon
Heavy Metal Sludge
E waste
Used containers
Batteries
Acid & alkali

35

Quantity of Scheduled Wastes


In 2013, a total of 2,965,611.65 metric tonnes of
scheduled wastes were generated. This represents an
increase of 3.89 % as compared to 2,854,516.78
metric tonnes reported in 2012.
Of which gypsum, dross/slag/clinker/ash, spent
lubricating oil, heavy metal sludge and contaminated
containers were the main categories.
36

2013:
2012:
2011:
2010:

2,965,611.65 MT
2, 854,516.78 MT
3, 281,569.73 MT
3,087,496.84 MT

37

Facilities Handling Scheduled Wastes in


Malaysia year 2013
No

Facility

Tonnes

Percentage
(%)

1,574,041.95

53.08

Special Waste Management

On-Site Treatment

630,221.40

21.25

Local Off-site Recovery Facilities

566,506.51

19.10

Kualiti Alam Sdn Bhd

111,860.20

3.77

On-Site Storage

41,742.48

1.41

Trienekens ( Sarawak ) Sdn Bhd

19,330.00

0.65

Off-site Clinical Waste Incinerators

18,201.05

0.61

Foreign Facilities ( Export )

3,708.07

0.13

2,965,611.65

100.00

TOTAL

38

Facilities Handling Scheduled Wastes 2013


1,800,000.00
1,600,000.00

1,574,041.95

1,400,000.00
1,200,000.00
1,000,000.00
800,000.00
630,221.40

600,000.00

566,506.51

400,000.00
200,000.00

111,860.20

41,742.48

19,330.00

18,201.05

0.00
Special
On-Site Local Off-site Kualiti Alam
Waste
Treatment
Recovery
Sdn Bhd
Management
Facilities

On-Site
Storage

Trienekens (
Sarawak )
Sdn Bhd

Off-site
Clinical
Waste
Incinerators

3,708.07
Foreign
Facilities (
Export )

39

Recovery Facilities Licensed


In 2013 a total of 445 off site recovery facilities have
been licensed. The most issued licensed are e-waste
(150 facilities), dross/ash/slag/catalyst (62 facilities),
oil/mineral sludges/spent coolant (56 facilities), heavy
metal
sludge/rubber
(47
facilities),
used
container/contaminated waste/ink/paint/lacquer (34
facilities), solvent (31 facilities) and acid /alkaline (17
facilities)
40

KELANTAN

Distribution of Scheduled Wastes Generated by State, 2013

1,910.43

LABUAN

8,524.88

PERLIS

1,432.63

K.LUMPUR

5,071.17

SABAH

8,315.27

MELAKA

50,279.23

States

N.SEMBILAN

31,406.07

PAHANG

21,923.71

KEDAH

31,765.95

SARAWAK

22,732.35

P.PINANG

138,689.71

SELANGOR

231,561.64

PERAK

249,568.79

JOHOR

170,406.87

TERENGGANU

413,272.93
0

50,000

100,000

150,000

200,000

250,000

Quantity (Metric Tonnes)

300,000

350,000

400,000

450,000

41

Scheduled Waste Generated by States


The State of Terengganu generated the largest
amount (29.78%) followed by Perak (17.98%),
Selangor (16.68%), Johor (12.28%), Pulau
Pinang (9.99%) whilst the other 10 states
generated a total of 13.28%

42

Types of Treatment and Disposal of Waste, 2013

43

Compliance

44

Compliance to the EQ (Schedule


Wastes) Regulations 2005
Number of compounds issued :

2010 : 1,569
2011: 1,060
2012: 1,258
2013: 1,218 (accounting to 22.4% of the 5438 compounds
issued in 2013 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.
45

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)
46

DOE: Number of court Cases and Fines, 2013


140

7,000,000

Total number of cases : 339


Total fine : RM7,250,350.00

120

6,000,000

100

5,000,000

80

4,000,000

60

3,000,000

40

2,000,000

20

1,000,000

Jum Denda (RM)


Bil Kes

Sek.16(1),
AKAS 1974

Sek.18(1),
AKAS 1974

Sek.22(1),
AKAS 1974

Sek.25(1),
AKAS 1974

Sek.27(1),
AKAS 1974

Sek.29A(1),
AKAS 1974

Sek.31(1),
AKAS 1974

Sek.34A(6),
AKAS 1974

Sek.34A(7),
AKAS 1974

446,000

88,000

157,200

57

98

79,000

57,000

223,500

225,000

53,000

16

Sek.41,
AKAS 1974

PPKAS (UB)
1978

PPKAS (EP)
1978

PPKAS(Kum
bahan)
2009

8,000

5,881,150

32,500

132

Sek.34B(1),
AKAS 1974

Court action
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
48

Illegal Transboundary & Depositing of Toxic &


Hazardous waste
Offences under Section 34B EQA
1974 Illegal transboundary &
depositing of toxic & hazardous
waste
Illegal importation of sludge
(copper oxide). Claimed for Brick
making
Fraudulent Declaration
Involved 625 Kontena

49

Section 34B Prohibition against placing, deposit Of scheduled wastes

50

Section 34B Prohibition against placing, depositetc of


scheduled wastes

Cleaned-up Cost: RM
1,574,156.73

51

Offences under Section 34B EQA 1974 Illegal depositing of toxic &
hazardous waste at Sungai Gatom.
2006 (January) - compliant lodged due to ammonia gas released and
affecting residents of Kampung Sg.Gatom
Kampung Sg.Gatom residents have to be evacuated
52

Offences under Section 34B EQA 1974 Illegal depositing of toxic &
hazardous waste at Sungai Gatom.
DOE instituted investigation.
Case : Illegally transportation of aluminium dross from Melaka
Involved 30 lorries
Analytical Chemistry for both samples (River & factory) matching ( finger
printing)
The Government bearing the cost of the removal and Cleaned up
53
Cleaned up completed March 2006 cost RM 3 mil

Offences under Section 34B EQA 1974 Illegal depositing of toxic &
hazardous waste

54

Clean up of illegal disposal of used oil


55

Investigating import of e waste: 2014


56

On-going Initiatives
E-Consignment
Electronic SW Information System
E-Waste and Household e-waste
Environmentally Hazardous Substances
Notification And Registration (EHSNR)
Scheme
Contaminated Land

57

58

59

E-Waste is the Most Challenging


waste Stream
E-waste may contain hazardous
substances such as lead, mercury, PCB,
asbestos and CFCs 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.
60

Sources of e-waste
Industrial sectors : from electrical
and electronic assemblies

Household, commercial areas


and institutions: used end of live
electrical and electronic goods
61

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
62

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 ewastes for further processing.
18 full recovery facilities which can
process the e-wastes to recover the
precious metals.

63

HOUSEHOLD E-WASTE

64

Challenges related to household 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
65

HOUSEHOLD E-WASTE
RECYCLING FRAMEWORK

66

OUR OBJECTIVES

Environmentally
Sound
Management of
household ewaste

To prevent
illegal import
and export

Promote
resource
recovery

67

RECYCLING Principles of household E-Waste

Polluter
Pay
Principle
Life Cycle
Analysis/
End of life
cycle

Extended
Producer
Responsibility

68

Who are the STAKEHOLDERS?


Manufacturer /
Importer

Retailer

Recycler

Authority
69

Roles and Responsibilities

AUTHORITY

MANUFACT
URER

RETAILER

RECYCLER

Develop policy and legislation


Collection system at local level
Monitoring the recycling target
Setting up collection system and collection point
Establish recycling facility
Complying with recycling targets
Involved in the collection system

Recycle household e-waste

70

(2011-2013)

71

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 framework on household e-waste
72

HOUSEHOLD E-WASTE
WAY FORWARD
E-WASTE ALAM ALLIANCE PROGRAMME

Establishment of E-waste Alam Alliance is a followup of a pilot project 'The Development Model For
E-Waste Collection, Segregation & Transportation
from Household For Recycling which was carried
out in Penang under the sponsorship of the Japan
International Cooperation Agency (JICA) with the
cooperation between DOE Penang and Penang
Municipal Council.

E-waste Take Back Scheme by Toshiba (Malaysia)


was launched on 5th February 2013

E-waste Alam Alliance Program was officially


launched on December 11, 2013 by the Deputy
Minister of Natural Resources and Environment
Dato 'Sri Dr. James Dawos Mamit.
73

DOE vs STAKEHOLDERS
TRANSFORMATIVE of E-WASTE MANAGEMENT

Develop schemes
on the collection and
segregation of
e-waste, including
take-back schemes

Develop capacity to
manage recovery
efforts in a
sustainable
manner.
2011- Pilot
Project,
2013 - Final
Report

Cooperation
between private and
public sectors will
enable the
Government policies
to be greatly
enhanced

~E-waste Alam
Alliance
Program
~ Activate
Operation
Steering
Commitee in
Local State

Deliver
important
economic
and social
outcomes

Household ewaste Regulation


201x
Cooperation
with the
stakeholder
~ Toshiba
Malaysia
~Sen Heng
Electrical Sdn
Bhd
~Shanpoornam
Metal Sdn Bhd

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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

75

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.

76

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.
77

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.
78

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 suppliers79

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)
80

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

81

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
82

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

83

New Focus Area

84

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 of the
Environmental Fund and the mechanism of cess
collection on Scheduled & Hazardous Wastes
Generators and handlers.
85

86

THE WAY FORWARD


Environmentally Sound Management of Hazardous
Substances and Waste, and minimize 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)
87

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.

88

Evolution towards Excellence in Integrated Waste


Management

REDUCE

REDUCE

REUSE
REUSE

RECYCLE
RECYCLE
RECOVER
RECOVER
TREATMENT

TREATMENT

LANDFILL DISPOSAL

LANDFILL
DISPOSAL

Direction
89

PARADIGM SHIFT

Waste was
once regarded
solely as an
unwanted by
product

Cradle to Grave

Waste
recycling and
resource
recovery are
now seen as

potential
resources
Cradle to Cradle
90

Thank you
hhh@doe.gov.my

91