ELUCIDATION ON GOVERNMENT REGULATION
NO. 18/1999

CONCERNING
THE MANAGEMENT OF THE WASTE OF HAZARDOUS AND TOXIC MATERIALS

GENERAL

Development activities are aimed at promoting the welfare of the people and are conducted through long-term development plans with the development in the industrial sector as the pillar.

This development in the industrial sector will, on the one hand, generates goods useful to people's welfare but will, on the other, also generate waste. The waste generated by industrial activities also includes the waste of hazardous and toxic materials (B3). B3 waste dumped directly into the environment may give rise to dangers to the environment and human health and the health of other living creatures. In view of this risk, it is necessary to make an effort to ensure that every industrial activity may generate a minimum of B3 waste and prevent the entry of B3 waste from outside the territory of Indonesia. Regarding the role of the Indonesian government in supervising the cross-border movement of B3 waste, it ratified the Basel Convention on July 12, 1993 in Presidential Decree No. 61/1993.

Hierarchy in the management of B3 waste is aimed to ensure that only a minimum of B3 waste will be generated in each production unit and efforts are even made to reach the zero level by trying to reduce the sources through material processing, material substitution, regulation of operational activities and the use of a clean technology. If, anyhow, B3 waste is still generated, efforts will be made to make use of this B3 waste.

The utilization of B3 waste, which encompasses recycling, recovery and reuse, constitutes an important chain in the management of B3 waste. The use of a B3 waste utilization technology will, on the one hand, reduce the quantity of B3 waste so that the cost of treating B3 waste can also be cut down and on the other it will also improve the benefit of raw materials. This, in its turn, will reduce the speed at which natural resources are depleted.

To remove or reduce the risk which may be entailed by B3 waste generated, B3 waste generated Must be specifically managed.

The management of B3 waste constitutes a series of activities encompassing storage, collection, utilization, transportation and treatment of B3 waste, including the landfilling of the outcome of the treatment. In this series of activities a number of parties are connected and each of them forms a link in the chain of B3 waste management, namely:

With the waste treatment as referred to above, the cyclical chain of the travel of B3 waste from the time it is generated by the party generating B3 waste up to the final landfilling by the party treating B3 waste may be supervised. Each link in the chain must be regulated while the travel of B3 waste must be controlled using a system of manifest, which is a B3 waste document. The manifest system makes it possible to find out the quantity of B3 waste generated and the quantity already put into the treatment and final landfilling process already fulfilling the requirements for the environment.

ARTICLE BY ARTICLE

Article 1

Paragraph (1)

Referred to as the residue in an activity will be the residue in an activity and/or production process, among others, is generated in household, hospital, industrial, mining and other activities.

Paragraph (2)

This waste of hazardous and toxic waste constitutes among others a raw material which is hazardous and toxic: in nature and not used because of being damaged/exceeding the expiration date, material/packing residue, spilling, process residue, used diesel oil, dirty diesel oil, waste from the activities of vessel and tanker cleaning, which will need specific handling and treatment. Not included in this category will be liquid waste which has the characteristics of B3 but which can be subject to supervision by a government regulation on the control over water contamination and dust and gas waste which has the characteristics of B3 waste but which can be overcome by a government regulation on the control over air pollution.

Paragraphs (3) up to (15)

Sufficiently clear.

Paragraph (16)

The process in which the characteristics and composition of B3 waste changed will be carried out to ensure that the said waste become no longer hazardous and or toxic. This process can be conducted using an appropriated technology, such as stabilization and solidification, incineration or neutralization.

If this technology cannot be applied, use must be made of the best technology available to treat the said waste, such as the change of ions and membranes of cells and other technology conforming to the progress in knowledge and technology.

Paragraphs (17) up to (20)

Sufficiently clear.

Article 2

Sufficiently clear.

Article 3

Referred to as dumping the B3 waste directly into the ground, water or air is the dumping of B3 waste without first being treated. This stipulation is aimed at ensuring that the B3 waste generated may be well m not be hazardous and/or toxic any more to human health and/or the environment.

Article 4

Referred to as dilution will be adding liquid or other substances to B3 waste so that the concentration of toxic substances and/or the level of hazard may be reduced with the contaminating load, however, remaining the same as that before the dilution.

This is prohibited because dilution will not remove the hazardous ad toxic character of B3 waste.

Article 5

The management of radioactive waste will be conducted by the National Agency of Atomic Energy, which is a government agency responsible in the management of radioactive waste.

Article 6

The first step taken in the management of B3 waste is identifying whether the waste from a generating source belongs to the category of B3 waste or not.

This waste identification will facilitate parties generating, collecting, transporting, utilizing, treating or landfilling B3 waste in recognizing the said B3 waste as early as possible.

The identification of waste as B3 waste will be conduced in the following stages:

Article 7

Paragraph (1)

B3 waste from a non-specific source is B3 waste which does not generally come from the main process, but from the activities of equipment maintenance, cleaning, corrosion inhibition, dissolution of rust, packing and so forth.

B3 waste from a specific source is B3 waste as residue from a process in an industrial undertaking or activity which specifically may be determined.

B3 waste from chemicals going beyond their expiration date, spilling, packing remainder or dumping of products not fulfilling certain specification will, because of not meeting the specification stipulated or not being able to be reused, become B3 waste which will need to be managed just like other B3 waste. The same thing also applies to the B3 waste packing remainder and chemicals which have gone beyond their expiration date.

Paragraphs (2) and (3)

Sufficiently clear.

Article 8

Paragraph (1)

Testing of waste characteristics is conduced before the waste is treated.

Referred to in this provision as:

Paragraph (2)

A toxicology test to determine the value of LD50 (Lethal Dose Fifty). Referred to as LD50 is the calculation of the dose (gram of pollutant per kilogram) which may cause the death of 50% of the population of living creatures involved in the experiment.

If LD50 is bigger than 15 gram per kilogram of body weight, the said waste is not B3 waste.

A toxicology test by bio-essay will be conducted for B3 waste which does not have a reference dose and/or B3 waste which is acute in nature. As for chronic B3 waste, a study will be conducted using the methodology of calculation and or based on the result of studies and the development of science as determined by the government agency responsible in the sector of environmental impact control.

If, after a toxicology test, the said waste is declared to be non-B3 waste, its management may be conducted on the basis of the provisions stipulated by the responsible government agency.

Article 9

Paragraphs (1) up to (4)

Sufficiently clear.

Paragraph (5)

In principle a party generating B3 waste remains responsible for the B3 waste generated.

Paragraph (6)

Sufficiently clear.

Article 10

Paragraphs (1) and (2)

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Article 11

Paragraph (1)

The consequence of the principle that the traces of B3 waste will be required to make and keep records about the quantity and types of B3 waste generated and sent to the party collecting or treating B3 waste and to the transporting party undertaking the transportation of the waste. If the transportation is conducted by the parties generating the B3 waste themselves, the provision on the records of the name of the transporting party will not apply.

If the party generating B3 waste also utilizes, treats and landfills B3 waste, the party generating B3 waste must report to the relevant authority the treatment of the B3 waste.

Paragraph (2)

The purpose of submitting this report is to ensure that the quantity of B3 waste generated by a party generating B3 waste can be monitored by the responsible government agency.

As the quantity of B3 waste generated is known, the map on B3 sources, which will be the basis for the development of B3 waste management policies, may also be known.

Paragraph (3)

Sufficiently clear.

Article 12

Sufficiently clear.

Article 13

Paragraphs (1) up to (3)

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Article 14

Paragraphs (1) and (2)

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Article 15

Paragraphs (1) up to (3)

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Article 16

Paragraph (1)

A B3 waste document is a letter given at the time when B3 waste is handed over by the party generating B3 waste or the party collecting B3 waste to the party transporting B3 waste. A B3 waste document contains the following provisions:

A B3 waste document is made in 7 (seven) folds if the transportation is conducted only once and if the transportation is conducted more than once (inter-mode transportation), the document will be made in 11 (eleven) fold with the details being as follows:

Paragraph (2)

Sufficiently clear.

Articles 17 and 18

Sufficiently clear.

Article 19

Paragraphs (1) up to (2)

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Paragraph (3)

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Articles 20 and 21

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Article 22

Paragraphs (1) and (2)

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Article 23

Paragraphs (1) up to (3)

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Article 24

Paragraphs (1) and (2)

Article 25

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Sufficiently clear

Article 26

Paragraphs (1) up to (3)

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Article 27

Paragraphs (1) and (2)

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Article 28

Paragraph (1)

Referred to as packing is the place/container for the storage, transportation and collection of B3 waste. A symbol is a picture stating the characteristics of B3 waste. A label is inscription indicating among other things the characteristics and types of B3 waste.

Paragraph (2)

Sufficiently clear.

Article 29

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Referred to as place for storage which meets the requirements is a separate place designed in accordance with the characteristics of B3 waste to be stored. Reactive B3 waste (strong reductor), for example, cannot be mixed with oxidant mineral acid because it may generate heat, toxic gas and fire.

A temporary place for storage must be able to accommodate the quantity of B3 waste to be stored temporarily. An industrial activity generating B3 waste, for example, entails the storage of B3 waste in a temporary place for storage whose capacity conforms to the capacity of B3 waste to be stored and which fulfills the technical, health and environmental protection requirements.

Paragraph (3)

Sufficiently clear.

Article 30

Paragraphs (1) and (2)

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Articles 31 and 32

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Article 33

Paragraphs (1) and (2)

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Article 34

Paragraphs (1) up to (3)

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Paragraph (4)

Suffiiently clear.

Paragraph (5)

Referred to as B3 destruction and removal efficiency is the Destruction Removal efficiency (DRE)E The determination on the air emission standard nation of the air emission standard is based on the emission standard of the laws applied to the conventional parameters (C0, NO, Hydrocarbon SO2, TSP Ammonia). As for the determination of other emission standards, they will be based on the characteristics of B3 waste, the type of the incinerator, the local air quality and others in accordance with the development of science and technology.

Paragraph (6)

Sufficiently clear.

Article 35

Referred to as the agreement to terminate treatment is the termination of operation (closure of treatment) after it is known that the said location is not contaminated.

Article 36

For the types of B3 waste whose LD50 is bigger than 50 mg/kg of body weight, landfilling may be conducted at a location with the maximum soil permeability being 10 to the power of negative 5 cm per second.

If on the basis of the spatial layout design plan the designation of the location for B3 waste landfilling is yet to be determined, the government responsible may propose it to the Minister.

Article 37

Paragraph (1)

Landfilling in this provision constitutes a series of treatment activities. Landfilling of the outcome of the treatment of B3 waste is the act of dumping by means of landfilling where the landfill is designed as the final stage of the treatment of B3 waste in accordance with the characteristics of the said B3 waste.

A protective layer is the layer established to prevent the exposure of B3 waste or alkaline water from B3 waste to the environment. A protective layer may be in the form of a synthetic liner or compacted clay or other equal layers with the same
permeability.

Protective lining may be given by means of double liner and or one liner or by only compacted clay in accordance with the standard for B3 waste landfilling stipulated by the responsible agency.

Paragraph (2)

Sufficiently clear.

Article 39

Referred to as the agreement to terminate landfilling is the termination of the operation (closure of landfilling) after it is known that the said location is not contaminated.

Article 39

Paragraph (1)

Referred to as the location for terminated B3 waste landfilling activity is the location formerly used for land filling (post closure).

Referred to as other public facilities are sports, educational, hospital, recreational and other facilities.

Paragraph (2)

Sufficiently clear.

Article 40

Paragraphs (1) and (2)

Sufficiently clear.

Paragraph (3)

Referred to as being integrated is the condition in which an activity of treatment is conducted at the same place as the place where the main business activity is conducted.

Referred to as a license for the operation of B3 treatment instruments is a license about the worthiness of the operation of B3 treatment instruments, for example the worthiness of the incinerator, which includes among other things the incineration efficiency of 99.99% and the use of an air pollution control device.

Paragraphs (4) and (5)

Sufficiently clear.

Article 41

Paragraph (1)

The announcement will be made in a place where it will be easily known and in a language which will be easy for the community to understand.

Paragraph (2)

Sufficiently clear.

Article 42

Paragraph (1)

The location for the treatment and landfilling of B3 waste must be determined in accordance with the regional spatial layout design and technical requirements.

Paragraph (2)

Sufficiently clear.

Article 43

Paragraph (1)

In the case of small-scale collection with respect to, for example, used lubricant, filthy oil and slop oil, while an analysis on the impacts on the environment is not compulsory, environmental monitoring efforts and environmental management efforts must be made.

Paragraphs (2) and (3)

Sufficiently clear.

Article 44

Paragraphs (1)

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Paragraph (2)

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Article 45

Paragraphs (1) up to (4)

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Article 46

Paragraphs (1) up to (3)

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Paragraph (4)

The requirements and obligation set forth in the environmental management plan and the environmental monitoring plan constitute an inseparable part of the license.

Article 47

Paragraphs (1) up to (4)

Sufficiently clear.

Article 48

Paragraph (1)

The identification card and the letter of assignment are important to avoid the presence of false officers or to ensure that not every employee of the government responsible in the environmental control area may exercise supervision which is actually not part of their authority.

The identification card will contain the name, the civil service registration number and the photograph. The letter of assignment must clearly state the name of the supervisor assigned to exercise supervision.

Paragraph (2)

Sufficiently clear.

Article 49

Sufficiently clear.

Article 50

The said supervisor is the supervising officer appointed as a civilian civil servant investigator in environmental matters.

Article 51

Paragraphs (1) and (2)

Sufficiently clear.

Article 52

Paragraph (1)

The said health test will be conducted at least once a year with a view to finding out as early as possible the contamination of workers by chemical substance/compound from the B3 waste.

Paragraphs (2) and (3)

Sufficiently clear.

Article 53

Paragraph (1)

Waste under the codes of D220, D221, D222 and D223 are included in the list of waste which it is prohibited to import to the territory of the Republic of Indonesia.

This prohibition is caused by among other things the limited laboratory facilities and infrastructure to undertake the identification of B3 waste in the context of supervision over the import of waste and the limited technology and capacity of waste management in Indonesia.

Paragraphs (2) and (3)

Sufficiently clear.

Paragraph (4)

The export of B3 waste can be conducted only if there is a written agreement from authorized government agency or officials in B3 waste matters in the recipient country and the said recipient country must have proper facilities for the management and/or utilization of B3 waste so that the management of the said B3 waste will not give rise to B3 waste must comply with Articles 6, 7 and 8 of this government regulation and the list of B3 waste stipulated by the Basel Convention.

Paragraph (5)

Sufficiently clear.

Article 54

Paragraphs (1) and (2)

Sufficiently clear.

Article 55

Paragraphs (1) up to (3)

Article 56

Paragraphs (1) and (2)

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Article 57

Sufficiently clear.

Article 58

Paragraph (1)

Referred to as an accident in this sub-article is the release of spilling of hazardous and toxic materials and/or B3 waste into the environment which must be quickly and appropriately handled to prevent the spread of the impact cause by the said spilling of B3 waste so that the spread of contamination of and/or damage to the environment and the disturbance of human health may be prevented.

B3 management in this respect needs prevention and management efforts both during and after the accident. These efforts must be made quickly and appropriately and on a coordinated and integrated manner by relevant inter-sectoral government agencies.

Paragraph (2)

This information is meant to be used by the community in an effort to save themselves in case of an accident and in participation in managing the accident.

Referred to as a system of emergency response if a system of controlling an emergency which will encompass the prevention and management of an accident as well as the restoration of the quality of the environment.

Paragraph (3)

Sufficiently clear.

Paragraph (4)

B3 spilling into the environment will be categorized as B3 waste.

Paragraph (5)

Sufficiently clear.

Article 59

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Referred to as being unmanageable is a condition in which no facilities, infrastructures and experts are available to supervise the management of an accident and the extent of the damage has gone over the borders of second-level regions.

Paragraph (3)

Sufficiently clear.

Paragraph (4)

Referred to as a massive impact is a condition in which the extent of the impact of the accident in the management of B3 waste goes over the borders of second-level regions and/or first-level regions and/or states.

Article 60

Paragraph (1)

What is referred to as environmental contamination or damage caused by an activity may take the form of non-deliberate contamination or damage such as, among others, management or landfilling not conforming to the environmental requirements and/or non-deliberate activities such as, among others, the release of chemicals into the environment as a result of a leaked tanker or as a result of a traffic accident.

Paragraph (2)

Sufficiently clear.

Article 61

Paragraph (1)

Sufficiently clear.

Paragraph (2)

The said technical feasibility study is intended for, among other things, to find out the financing of sample collection, laboratory analysis, technical worthiness inspection and publication.

Paragraphs (3) and (4)

Sufficiently clear.

Article 62

Paragraphs (1) up to (4)

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Article 63

Sufficiently clear.

Article 64

Paragraph (1)

Referred to as proportionally sharing the responsibility is that each will assume the responsibility in accordance with their contribution to the environmental contamination or damaged caused. Cleaning and restoration of the environment in this article will encompass among others studies to find out the extent of the impact, the types, the quantity and the concentration of the existing waste as a basis for environmental cleaning and restoration as well as the management of B3 waste already dumped into the environment.

Paragraph (2)

Sufficiently clear.

Paragraph (3)

Facts show that at present there are industrial undertakings still using B3 waste as their raw materials, namely the lead-smelting industries. The said raw materials are domestically obtained while their imports are intended to make up for the short supply.

The imports of B3 waste can be conducted only until September 2002 and such imports from OECD countries/advanced countries will be prohibited. Such imports can be conducted only by importer producers.

Before the imports are undertaken, the exporting countries must first notify the head of the responsible government agency and obtain the approval from the head of the responsible government agency.

This means that at a stipulated time the utilization of B3 waste will use only raw materials that are domestically obtained.

Articles 65 up to 67

Sufficiently clear.