A GOVERNMENT REGULATION ON THE MANAGEMENT OF THE WASTE OF HAZARDOUS AND TOXIC MATERIALS
Referred to in this government regulation as:
The management of B3 waste is aimed at preventing and overcoming environmental contamination and/or damage caused by B3 waste so that the quality of contaminated environment will be restored in accordance with its original function.
Everyone wishing to undertake a business and/or activity which will generate B3 waste is prohibited to dump the B3 waste generated directly into the environmental medium without first treating it.
Everyone or business company undertaking the activities of storing, collecting, transporting, treating and landfilling of B3 waste is prohibited to dilute the B3 waste in order to lower the concentration of the toxic and hazardous substance of the B3 waste.
The management of radio-active waste is conducted by a government agency responsible for the management of radioactivity pursuant to the prevailing laws.
B3 waste may be identified in accordance with its source and characteristics.
(1) According to their sources, the types of B3 waste encompass:
(2) List of waste under the waste codes of D220, D221, D222 and D223 may be declared B3 waste after a Toxicity Characteristic Leaching Procedure (TCLP) test and/or a characteristics test has been conducted.
(3) Details of each type as meant in sub-article (1) are as set forth in attachment I of this government regulation.
(1) Waste not included in the list as meant in article 7 sub-article (3) will be identified as B3 waste if, after going through testing, will have one or more of the following characteristics:
(2) The waste included in the category of B3 is other waste which, if it is tested with a method of toxicology, has its LD50 under the threshold value already stipulated.
(1) Everyone undertaking a business and/or activity which uses hazardous and toxic materials and or generates B3 waste is obligated to reduce the B3 waste, treat the B3 waste and/or landfill the B3 waste.
(2) If the reduction activity as meant in sub-article (1) still generates B3 waste and the said B3 waste can still be utilized, the party generating it can utilize it for his own purpose or leave the utilization to the party utilizing B3 waste.
(3) Everyone generating B3 waste is obligated to treat B3 waste generated in accordance with the existing technology and if it cannot be treated at home it may be exported to another country with a B3 waste-treating technology.
(4) The treatment and/or landfilling of B3 waste as meant in sub-article (1) may be conducted by the party generating B3 himself or the party generating B3 waste may leave the treatment and/or landfilling B3 waste generated by him to a party treating and/or landfilling B3 waste.
(5) B3 waste is delivered to the party utilizing it as meant in sub-article (2), in order to be exported as meant in sub-article (3), and to a party treating and/or landfilling B3 waste as meant in sub-article (4) irrespective of the responsibility of the party generating B3 waste to treat the B3 waste he generates.
(6) The provision on the treatment of B3 waste generated from household and small-scale activities will be stipulated later by the head of a responsible government agency.
(1) The party generating B3 waste may store B3 waste generated for a maximum of 90 (ninety) days before delivering it to the collector of or the party utilizing or treating or landfilling B3 waste.
(2) If the B3 waste generated is less than 50 (fifty) kgs per day, the party generating B3 waste may store the B3 waste generated foi over 90 days before delivering it to the party utilizing or treating or landfilling B3 waste with an approval from the head of a responsible government agency.
(1) A party generating B3 waste is obligated to make and keep records on:
(2) A party generating B3 waste is obligated to submit the records as meant in sub-article (1) at least once in six months to a responsible government agency with copies to be addressed to relevant government agencies and the regency head/municipality head/head of a second-level region concerned.
(3) The records as meant in sub-article (1) will be used:
B3 waste collectors are companies that have B3 waste collecting activity.
(1) B3 waste collectors are obligated to make records about:
(2) Collectors of B3 waste are obligated to submit the records as meant in sub-article (1) at least once in six months to a responsible government agency with copies to be addressed to the regency head/municipality head/head of a second level
region concerned.
(3) The records as meant in sub-article (1 ) will used:
(1) Collectors of B3 waste may store the B3 waste collected for a maximum of 90 (ninety) days before delivering it to the party utilizing and/or treating and/or landfilling B3 waste.
(2) Collectors of B3 waste are responsible for the B3 waste already collected.
(1) B3 waste transportation will be conducted by a business company undertaking B3 waste transportation activities.
(2) The transportation of B3 waste may be conducted by the party generating B3 waste in the case of waste he himself generates.
(3) If the party generating B3 waste act as B3 waste transporter, he will be obligated to fulfill the provision prevailing for B3 waste transporters.
(1) Every B3 waste transportation by a B3 waste transporter must be covered by a B3 waste document.
(2) Further provisions on the model of the B3 waste documents as meant in sub-article (1) will be stipulated by the head of a responsible government agency.
A B3 transporter is obligated to deliver B3 waste and B3 documents as meant in Article 16 sub-article (1) to the collector and/or the party utilizing and/or treating and/or landfilling B3 waste appointed by the party generating B3 waste.
B3 waste will be utilized by a party generating B3 waste or a business company undertaking the activity of utilizing B3 waste.
(1) A party utilizing B3 waste generating B3 waste will be obligated to fulfill the provisions on parties generating B3 waste.
(2) A party utilizing B3 waste collecting B3 waste in its activity must fulfill the provisions on the collectors of B3 waste.
(3) A party utilizing b3 waste undertaking the transportation of B3 waste must fulfill the provisions on the transporters of B3 waste.
A party utilizing B3 waste may store B3 waste before utilizing it for a maximum of 90 (ninety) days.
A party utilizing B3 waste is obligated to make and keep records on:
(1) A party utilizing B3 waste is obligated to submit the records as meant in article 21 at least once in six months to a responsible government agency with copies to the head of a relevant government agency and the regency head/municipality head/head of a second-level region concerned.
(2) The records as meant in sub-article (1 ) will be used:
(1) A B3 waste treating party may be the party generating B3 waste or a business company undertaking an activity of treating B3 waste.
(2) A party treating B3 waste may store B3 waste which will be treated for a maximum of 90 (ninety) days.
(3) A party treating B3 waste may store B3 waste generated for a maximum of 90 (ninety) days.
(1) A party treating B3 waste is obligated to make and keep records on:
(2) A party treating B3 waste is obligated to submit the records as meant in sub-article (1) at least once in six months to a responsible government agency with copies to a relevant government agency and the regency head/municipality head/head of a second-level region concerned.
(3) The records as meant in sub-article (1) will be used:
(1) A B3 landfilling party is a business company undertaking an activity of landfilling B3 waste.
(2) The landfilling of B3 waste may be conducted by a generating party in order to stockpile B3 waste left over from its own business and/or activities.
(1) A B3 waste landfilling party is obligated to make and keep records on:
(2) A B3 waste landfilling party is obligated to submit the records as meant in sub-article (1) at least once in six months to a responsible government agency with copies to a relevant government agency and the regency head/municipality head/head of a second-level region concerned.
(3) The records as meant in sub-article (1) will be used:
(1) B3 waste reduction may be conducted through efforts to improve the storage of raw materials in house-keeping activities, material substitution, process modification and efforts to reduce other B3 waste reduction.
(2) Further provisions on B3 waste reduction as meant in sub-article (1) will be stipulated by the head of a responsible government agency.
(1) Every packing of B3 waste must be given a symbol and a label showing the characteristics and type of the B3 waste.
(2) Further provisions on the symbol and label of B3 waste as meant in sub-article (1 ) will be stipulated by a responsible government agency.
(1) The storage of B3 waste is conducted in a storage place which comply with the requirements.
(2) A B3 waste storage site as meant in sub-article (1 ) must fulfill the following requirements:
(3) Further provisions on the requirements for B3 waste storage as meant in sub-article (1 ) will be stipulated by the head of a responsible government agency.
(1) The activity of B3 waste collection must fulfill the following provisions:
(2) Further provisions on the requirements as meant in sub-article (1) will be stipulated by the head of a responsible government agency.
The delivery of B3 waste by a party generating and/or collecting and/or utilizing and/or treating B3 waste to the transporter must be covered with a B3 waste document.
The transportation of B3 waste will be conducted by means of a special transportation facility which fulfills the requirements with the transportation procedure being stipulated on the basis of the prevailing laws.
(1) The utilization of B3 waste encompasses recovery, reuse and recycle.
(2) Further provisions on the utilization of B3 waste as meant in sub-article (1) will be stipulated by the head of a responsible government agency.
(1) B3 waste treatment can be conducted by thermal means or by means of stabilization and solidification, or in physical, chemical, biological and/or other ways in keeping with the progress in technology.
(2) The choice of a location for the treatment of B3 waste must fulfill the following provisions:
(3) The treatment of B3 waste by means of stabilization and solidification must fulfill the following requirements:
(4) If B3 waste treatment in a physical and/or chemical manner results in:
(5) B3 waste treatment by thermal means with the operation of an incinerator must fulfill the provisions as follows:
(6) Further provisions on technical requirements for B3 waste treatment will be stipulated by the head of a responsible government agency.
The termination of B3 waste treatment activities by the treating party must obtain a written approval from the head of a responsible government agency.
The location for B3 waste landfilling must fulfill the following requirements:
(1) B3 waste landfilling must use a layer system completed with a channel to regulate the flow of surface water, collect alkaline water and its treatment, monitoring wells and final covering layers already approved by a responsible government agency.
(2) further provisions on the procedure and requirements for B3 waste landfilling will be stipulated by the head of a responsible government agency.
The termination of the activities of B3 waste landfilling by the landfilling party must obtain a written approval from the head of a responsible government agency.
(1) Locations for terminated B3 waste landfilling must fulfill the following:
(2) Further provisions on the implementation of the obligations as meant in sub-article (1) will be stipulated by the head of a responsible government agency.
(1) Every business company undertaking the activities of:
(2) The provision on the procedure for obtaining the permit as meant in sub-article (1) letter a will be stipulated by the head of a responsible government agency and the one as meant in sub-article (1) letters b and c will be stipulated by the head of a government agency authorized to grant such permits.
(3) The activities of B3 waste treatment integrated with the core activities entail the obligation to obtain an operational permit for B3 waste treatment equipment issued by the head of a responsible government agency.
(4) The requirements for obtaining the license as meant in sub-article (1) are as follows:
(5) Further provisions on the procedure for an application for a license as meant in sub-article (3) and the procedure for an application for the recommendation as meant in sub-article (1) letters b and c will be stipulated by the head of a responsible government agency.
(1) A decision on the license and the recommendation on B3 waste treatment issued by the head of a responsible government agency as meant in Article 40 must be announced to the public.
The procedure for the announcement as meant in sub-article (1) will be regulated further in a decision of the head of a responsible government agency.
(1) A license for the location of B3 waste treatment and landfilling will be issued by the head of the land office in the regency/municipality in accordance with the spatial layout design after a recommendation has been obtained from the head of a responsible government agency.
(2) The recommendation as meant in sub-article (11 will be based on the result of an examination on the environmental impact and the technical feasibility of the location as meant in Article 34 sub-article (2) and Article 36.
(1) For the activities of collection, utilization, treatment and or landfilling of B3 waste as main activities it is obligatory that an analysis on the environmental impacts should be made pursuant to the prevailing laws.
(2) The document of the analysis on environmental impacts must be presented along with the application for an operational license as meant in Article 40 sub-article (4) to the responsible government agency.
(3) The decision on environmental feasibility based on the result of an assessment of the analysis on environmental impacts will be issued by the head of a responsible government agency.
(1) A decision on the application for a license as meant in Article 40 will be given by the head of a responsible government agency at the latest 45 (forty-five) working days as from its receipt.
(2) The requirements for and the obligations of an analysis on environmental impacts already approved will constitute part which will be made the material for consideration in the issuance of the license as meant in Article 40 sub-article (1).
(1) In the case of new activities generating B3 waste and treating as well as utilizing B3 waste at the same location as that for their main activities, the analysis on environmental impacts on the B3 waste treatment activity will be integrated with the analysis on environmental impacts for the main activities.
(2) If B3 waste treatment is conducted by the parties generating and utilizing B3 waste at the location of their main activities, only the plan for environmental treatment and that on environmental monitoring which have been approved will be submitted to the responsible government agency along with the application for an operational license as meant in Article 40.
(3) A decision on the application for a license as meant in sub-articles (1) and (2) will be issued by a responsible government agency at the latest 60 (sixty) days as from the receipt of the plan for environmental management and that on environmental monitoring already approved.
(4) The requirements and obligations set forth in the plan for environmental management and that on environmental monitoring as meant in sub-article (2) constitute an inseparable part of an application for a license as meant in Article 40.
(1) If the parties generating and/or utilizing B3 waste act as the party treating B3 waste and the location of the treatment is different from the location of the main activities, the activities of treating B3 waste will be subject to the application of the provisions on B3 waste treatment in this government regulation.
(2) As for the activities of utilizing B3 waste as the main activities, it is obligatory that an analysis on environmental impacts should be made while regarding the activities integrated with the main activities it is obligatory that a plan for environmental management and a plan for environmental monitoring should be made.
(3) A document of the analysis on environmental impacts will be submitted to the responsible government agency and approval of the said document will be given by the head of the responsible government agency.
(4) The requirements and obligations set forth in the plan for environmental management and the plan for environmental monitoring already approved must be set forth in the license as meant in Article 40.
(1) Supervision over the management of B3 waste will be exercised by the Minister and the implementation will be left to the responsible government agency.
(2) The supervision as meant in sub-article (1) will encompass monitoring of the compliance with the requirements and the technical and administrative provisions by the parties generating, utilizing, collecting, transporting, treating and landfilling B3 waste.
(3) The implementation of supervision over B3 waste management in the regions will be exercised in accordance with the management stipulated by the head of a responsible government agency.
(4) Supervision over the implementation of an emergency response system at the national level will be exercised by a responsible government agency and at the regional levels by the governors/heads of first-level regions and/or regency heads/municipality heads/heads of second-level regions.
(1) In implementing the supervision over B3 waste management as meant in Article 47 sub-article (1) the supervisor will be completed with an identification card and a letter of assignment issued by the head of a responsible government agency.
(2) The supervisor as meant in sub-article (1) will be authorized to:
The parties generating, collecting, transporting, utilizing, treating and landfilling B3 waste will be obligated to assist the supervisory officer in undertaking his tasks as meant in Article 48 sub-article (2).
If in the implementation of supervision there is an indication that there is a criminal act in the environmental area, the supervisor, as an environmental civilian civil servant investigator may undertake investigation.
(1) A responsible government agency will submit a report on the implementation of B3 waste management periodically, at least once in a year, to the President, with a copy to be addressed to the Minister.
(2) The minister will evaluate the said report in order to draw up a policy on the management of B3 waste.
(1) To maintain the health of workers and supervisors assigned in the B3 waste management area, a health test will be conducted periodically.
(2) The health test of workers as meant in sub-article (1) will be held by the party responsible for the business and/or activity of B3 waste management.
(3) A health test for B3 waste management supervisors as meant in sub-article (1) will held by a government agency responsible in the workers' health area.
(1) Nobody is allowed to import B3 waste;
(2) The transportation of B3 waste from abroad through the territory of the Republic of Indonesia for transit purposes must first be covered by a written approval from the head of a responsible government agency.
(3) The dispatch of B3 waste from abroad through the territory of the Republic of Indonesia must first be notified in writing to the head of a responsible government agency.
(4) The dispatch of B3 waste abroad can be conducted after a written approval has been obtained from the government of the recipient state and the head of a responsible government agency.
(5) Further provisions on the trading system of B3 waste will be stipulated by the Minister assigned in the trade area after considerations have been obtained from the head of a responsible government agency.
(1) Everyone is entitled to information about B3 waste management.
(2) A responsible government agency will be obligated to give the information as meant in sub-article (1) to everyone openly.
(1) Everyone is entitled to report the potential or the fact of the occurrence of contamination of and/or damage to the environment caused by B3 waste.
(2) Reports on the occurrence of environmental contamination and/or damage will be conveyed either orally or in writing to the government agency responsible or the nearest government apparatuses.
(3) The government apparatuses receiving the reports as meant in sub-article (2) will be obligated to pass on the said reports to a responsible government agency at the latest 3 (three) working days after the reports have been received.
(1) A government agency receiving the reports as meant in Article 55 will be obligated to immediately follow-up the reports from the community.
(2) The follow-up process and the results of the reports as meant in sub-article (1) must be notified to the reporting party and/or interested community.
The procedure for and mechanism of reporting a meant in Article 55 and 56 will be regulated further in a ministerial decree.
(1) Parties generating, collecting, utilizing, treating and landfilling B3 waste will be responsible for overcoming environmental accidents and contamination as a result of the release or spilling of B3 waste for which they are responsible.
(2) Parties generating, collecting, transporting, utilizing, treating and landfilling of B3 waste must own an emergency response system.
(3) Parties responsible for B3 management must give information about the emergency response system as meant in sub-article (2) to the community.
(4) Parties generating and/or collecting and/or transporting and/or processing and/or utilizing and/or landfilling of B3 waste must immediately report the spilling of hazardous and toxic materials IB3) and B3 waste into the environment to the responsible government agencies and/or governors/heads of first-level regions and/or heads of regencies/municipality heads/heads of second-level regions.
(5) Further provisions on overcoming environmental accidents and contamination as meant in sub-article (1) will be- stipulated by the head of a responsible government agency.
(1) The implementation of supervision over overcoming accidents in the region will be conducted by the administrations of second-level regions for the scale which can be overcome by the activities of generating and/or collecting and/or transporting and/or treating and/or utilizing and/or landfilling.
(2) Regarding the implementation of supervision over overcoming of accidents for the scale which cannot be overcome by heads of second-level regions, the administrations of first-level regions and the administrations of second-level regions will jointly exercise the supervision.
(3) Regarding the management of accidents on the part of the parties generating and/or collecting and/or transporting and/or treating and/or utilizing and/or landfilling with such a major impact that it will encompass two areas of second level regions, the supervision will be exercised jointly by the administrations of second-level regions and the administration of first-level region.
(4) Regarding the implementation of managing accidents on the part of the parties generating and/or collecting and/or transporting and/or treating and/or utilizing and/or landfilling with such a major impact that the administrations of second-level regions cannot exercise supervision, the supervision will be exercised by a responsible government agency along with the administrations of second-level regions and the administrations of first-level regions.
(1) Parties generating, collecting, utilizing, transporting, treating and landfilling B3 waste must immediately manage the contamination of or damage to the environment as a result of their activities.
(2) If the parties generating, utilizing, collecting, transporting, treating and landfilling B3 waste fail to take acts of management as meant in sub-article (1), or fail to take proper acts of management, the responsible government agency may undertake acts of management with the cost to be charged to the parties generating and/or utilizing and/or collecting and/or transporting and/or treating and/or landfilling B3 waste concerned through the governor/head of a first level region.
(1) All costs arising in obtaining a license and a recommendation for B3 waste treatment will be charged to the applicant of the license.
(2) The cost of license application as meant in sub-article (1) will encompass the cost of a technical feasibility study for the licensing process.
(3) To monitor and/or supervise the management of B3 waste conducted by:
(4) Further provisions on the management as meant in sub-article (2) will be stipulated by the head of a responsible government agency.
(1) A government agency responsible to give written warnings to parties generating, collecting, transporting, utilizing, treating or landfilling violating the provisions in Articles 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 49, 52 sub-article (2), 58, 58 and 60.
(2) If within a period of 15 (fifteen) days as from the issuance of the written warning as meant in sub-article (1) the parties given the warning fail to heed the warning and continue to be not in compliance with the provisions of the article violated, the head of a responsible government agency may suspend or temporarily revoke the licenses for storage, collection, treatment, including landfilling of B3, until the parties given the warning fulfills the provisions violated and if within the stipulated deadline the warning still goes unheeded, the operational license will be revoked.
(3) A regency head/municipality head/head of a second-level region may suspend operational activities on behalf of an authorized government agency and/or a responsible government agency if the said violation may endanger the environment.
(4) The head of a responsible government agency is obligated to immediately revoke a decision on the termination of activities as meant in sub-articles (2) and (3) if the parties whose operational activities have been suspended have fulfilled the provisions violated.
Whoever violates the provisions of Articles 3, 4, 9, 10, 14, 15, 19, 20, 29, 30, 32, 34, 36, 37, 39 and 60 resulting and/or causing contamination of and/or damage to the environment will be threatened with the penalties as regulated in Articles 41, 42, 43, 44, 45, 46 and 47 of Law No. 23/1997 on environmental management.
(1) If at the time this government regulation comes into force, B3 waste management and/or dumping and/or landfilling has been conducted not in compliance with the requirements as meant in this government regulation, everyone or every business company generating, collecting, transporting, treating or landfilling B3 waste, either individually or jointly, wiil be obligated to undertake cleaning and/or recovery of the environment within a maximum period of 1 (one) year.
(2) If people or business companies generating, collecting, transporting, treating and landfilling B3 waste as meant in sub article (1) fail to undertake environmental cleaning and recovery, a responsible government agency may undertake or ask a third party to undertake the environmental cleaning and recovery with the cost arising to be proportionally charged to the people or business companies generating, collecting, transporting, treating and landfilling B3 waste, either individually or jointly.
(3) As for the activities utilizing B3 waste from abroad and already possessing a license, their import of B3 waste as a raw material can be conduced only up to September, 2002.
Everyone or every business company already undertaking the activities of storing, collecting, utilizing, treating and landfilling at the time when this government comes into force will be obligated to ask for a license as meant in Article 40 at the latest within 1 (one) year as from the time when this government regulations comes into force.
With the enforcement of this government regulation, Government Regulation No. 19/1994 on the management of the, waste of hazardous and toxic materials (Statute Book No. 26/1994, Supplement to Statute Book No. 3551) which has been amended by Government Regulation No. 12/1995 on the amendment to Government Regulation No. 19/1994 on the management of the waste of hazardous and toxic materials (Statute Book No. 24/1995, Supplement to Statute Book No. 3595) will be declared null and void and reference must be made to this government regulation.
This government regulation will take effect as from the date of promulgation.
For public cognizance, this government regulation will be promulgated by publishing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
On February 27, 1999
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
sgd.
BACHRUDDIN JUSUF HABIBIE
ELUCIDATION ON GOVERNMENT REGULATION
NO. 18/1999