Overview of Scheduled Waste Management in Malaysia & the Way Forward

Transcription

1 Keynote Address Overview of Scheduled Waste Management in Malaysia & the Way Forward By Dato Halimah Hassan Director General of Environment Malaysia ENSEARCH Sustainability and Environmental Management Conference & Exhibition (SEM2013) 22 & 23 October 2013

2 Presentation Outline

3 Introduction

4 New Economic Modal

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7 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

8 Environmental Policy Development in Malaysia HAZARDOUS WASTES MANAGEMENT

9 Background

10 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

11 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 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.

12 Management of Hazardous Waste Milestones

13 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

14 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

15 Legislation

16 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

17 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.

18 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.

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

20 Special Management 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

21 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

22 Amendments of the EQA 2012 Introduction of new provisions to enhance the effectiveness of enforcement - amongst others to address illegal disposal of schedule waste

23 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

24 Policies in Scheduled Wastes Management

25 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

26 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

27 Evolution towards Excellence in Integrated Waste Management REDUCE REUSE RECYCLE RECOVER TREATMENT LANDFILL DISPOSAL REDUCE REUSE RECYCLE RECOVER TREATMENT LANDFILL DISPOSAL Current Practice Future Direction

28 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

29 Inventories and Compliance

30 Quantity of Scheduled Waste Generation in Malaysia, by category in the year : 2,854, MT

31 Quantity of Scheduled Waste In 2012, a total of 2,854, metric tonnes of scheduled wastes were generated. This represents a decrease of 13 % as compared to 3,281, metric tonnes reported in Of which dross/slag/clinker/ash, gypsum, mineral sludge, oil and hydrocarbon, heavy metal sludge and e waste were the main categories.

32 Trend of Scheduled Waste Management in Malaysia Year : 2, 854, MT 2011: 3, 281, MT 2010: 3,087, MT

33 Facilities Handling Scheduled Wastes in Malaysia year 2012 No. Facility Tones Percentage (%) 1 On-site Treatment 674, Local Off-site Recovery Facilities 596, On-site Storage 294, Kualiti Alam Sdn. Bhd 105, Off-site Clinical Waste Incinerators 18, Trinekens (Sarawak) Sdn. Bhd. 15, Foreign Facilities (Eksport) 4, Total 1,708,

34 MT 800, , , Facilities Handling Schedule Waste 2012 Facilities Handling Scheduled Wastes , , , , , , , , , , , , 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) Facilities Handling

35 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)

36 Distribution of Scheduled Wastes Generated by State, 2012

37 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%

38 Figure 6.16 Malaysia: Types of Treatment and Disposal of Waste, 2012 By Kualiti Alam Sdn Bhd and Trinekens (Sarawak) Sdn Bhd

39 Compliance to the EQ(Schedule Wastes) Regulations 2005 Number of compounds issued : 2010 : 1, : 1, : 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.

40 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, 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)

41 DOE : Number of court Cases and Fines, ,000, ,799, ,800,000 Bil Kes 1,600,000 Jumalah Denda (RM) 1,400,000 1,247,000 1,200,000 1,090,900 1,000, , , , , , , , ,000 53,000 75,000 70, ,600 19,

42 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 30 th August 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

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

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45 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.

46 Sources of e-waste Industrial sectors : from electrical and electronic assemblies Household, commercial areas and institutions: used end of live electrical and electronic goods

47 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

48 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.

49 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

50 HOUSEHOLD E-WASTE

51 HOUSEHOLD E- WASTE RECYCLING FRAMEWORK

52 OUR OBJECTIVES Environmentally Sound Management of household e- waste To prevent illegal import and export Promote resource recovery

53 RECYCLING Principles of household E-Waste Polluter Pay Principle Life Cycle Analysis/ End of life cycle Extended Producer Responsibility

54 Who are the STAKEHOLDERS? Manufacturer / Importer Recycler Retailer Authority

55 Roles and Responsibilities AUTHORITY Develop policy and legislation Collection system at local level Monitoring the recycling target MANUFACT URER 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

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57 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

58 Develop capacity to manage recovery efforts in a sustainable manner. Develop schemes on the collection and segregation of e-waste, including takeback schemes Cooperation between private and public sectors will enable the Government policies to be greatly enhanced Deliver important economic and social outcomes

59 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

60 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.

61 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.

62 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

63 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 companies had registered as the overseas suppliers

64 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)

65 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

66 Contaminated Land DOE recognizes the environmental implications of contaminated land as a potential problem Year 2008 & under the 9 th 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

67 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

68 New Focus Area

69 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.

70 NEW FOCUS AREA Noteworthy, ENSEARCH had conducted a Study on Establishment of Environmental Fund in the year 2008/2009

71 The Way Forward

72 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 3 rd party auditing High compliance rate (deterrent enforcement action)

73 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.

74 Evolution towards Excellence in Integrated Waste Management REDUCE REUSE RECYCLE RECOVER TREATMENT LANDFILL DISPOSAL REDUCE REUSE RECYCLE RECOVER TREATMENT LANDFILL DISPOSAL Current Practice Future Direction

75 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

76 Thank you