Water Pollution Inspection Practices and Linkages to Environmental Permits in Indonesia

Transcription

1 Water Pollution Inspection Practices and Linkages to Environmental Permits in Indonesia Mr. Firdaus Alim Damopolii, Directorate of Supervision Complaints, Compliance Monitoring, and Administrative Sanctions, Directorate General of Law Enforcement, Ministry of Environment and Forestry, Republic of Indonesia

2 Mr. Firdaus Alim Damopolii Directorate of Supervision Complaints, Compliance Monitoring, and Administrative Sanctions Head of Section on Environmental Monitoring Compliance for Industry, Infrastructure and Services Sector, Ministry of Environment and Forestry of Republic of Indonesia (July 2015 present) Head of Sub Division on Environmental Permit Administration, Bureau of Law and Public Relation, Office of the Secretary, Ministry of Environment of Republic of Indonesia (April 2012 June 2015) Staff (Environmental Inspector) on Deputy Assistant of Pollution Control for Mining, Energy, Oil and Gas Sector, Ministry of Environment of Republic Indonesia (August 2005 April 2012)

3 Ministry of Environment and Forestry Directorate General of Law Enforcement Secretariate Directorate General Directorate of Supervision Complaints, Compliance Monitoring and Administrative Sanctions Directorate of Environmental Dispute Settlement Directorate of Prevention and Security of Forest Directorate of Litigation

4 Legal Basis a. Environmental inventory b. Determine eco-region c. Develop Environment Protection & Management Plan (EPMP) Planning a. Exploitation should be based on EPMP b. Taking into account environmental carrying capacity Act No 32/2009 Environmental Protection and Management (EPMP) Exploitation Controlling Preservation a. Prevention b. Mitigation c. Recovery a. Natural resources conservation b. Atmospheric preservation function Enforcement Monitoring a. Inspection b. Investigation a. Administrative sanction b. Litigation c. Dispute settlement Law Enforcement

5 Environmental Instruments to Prevent Environmental Degradation (Act 32/2009) Strategic Environmental Aspects (SEA) Spatial Planning Environmental. Instruments Environmental Indicators Environmental Permit Environmental Impact Assesment (EIA) Monitoring tools Instrument Economy Environmental Audit

6 Existing Environmental Compliance Program Compliance Program for Monitoring : Pollution - Direct Control, - Indirect Evaluation and Rating (PROPER) Compliance Programs Administrative Environmental Litigation Sanctions & Environmental Dispute 04 Settlement 03

7 MONITORING COMPLIANCE Compliance System PROPER How to improve companies performance in order to meet requirement stipulated in environmental permits and standards. PERMIT MONITORING compliance monitoring in a framework of environmental law enforcement

8 Environmental Monitoring Compliance (Act 32 of 2009) Environmental Inspection Direct or indirect monitoring to ensure environmental permit and/or regulations be obeyed by industrial sectors Environmental Inspector Civil servants who meet specific inspectors requirement and are appointed by the minister

9 Environmental Monitoring Compliance on Law Enforcement 1. Public Complaints 2. Complaints due to cases of environmental pollution caused by industrial and nonindustrial activities. Supervision Complaints Environmental monitoring compliance evaluate compliance level of the implementation of environmental permits and regulations. Reguler Monitoring

10 Inspection s Objective Inspection s Objective Monitor, evaluate, and determine compliance status Compliance Monitoring 1. EIA implementation (environmental mitigation and monitoring plan report) 2. Permit 3. Regulations on environmental pollution control and degradation. To gain data and information: Portrait the existing environmental management performance. Permit and regulations (water pollution control, air pollution control and hazardous waste management) Inspection s Objective

11 National Level Compliance Monitoring (Inspection) Authority Minister Minister, Governor, and major are oblige to do environmental compliance monitoring to all activities. Authority Major Governor District Level Provincial Level

12 Distribution of Environmental Permit (Issued by MOEF ) No. Permit Number 1 Wastewater discharge into the sea Hazardous waste collection 88 3 Hazardous waste utilization Hazardous waste treatment 97 5 Landfill hazardous waste 19 6 Drilling cutting discharge into the sea 51 7 Injection disposal well 14 TOTAL 625

13 Type of Environmental Permit 1. Published in the planning phase 2. Issued as a requirements for obtaining as business license EIA Permit EIA permit is permit required by all people who conduct business and/or activities that should have EIA or Environmental Mitigation and Monitoring Plan (UKL-UPL) for the protection and management of the environment as a prerequisite for obtaining a business and/or activities permit Source: Article 2 Government Regulation No. 27/2012 on Environmental Permit Environmental Protection and Management Permit 1. Published in the operational phase 2. Issued by EIA permit requirements and obligations that must be adhered by the company 1. Wastewater discharge 2. Wastewater utilization for land application 3. Waste water discharge into the sea 4. Hazardous waste temporary storage 5. Hazardous waste collection 6. Hazardous waste utilization 7. Hazardous waste treatment 8. Hazardous waste landfill 9. Drilling cutting discharge 10. Injection disposal well

14 MoE Regulation No. 12 of 2006 on the Permitting Requirements and Authority for Wastewater Discharge into the Sea Requirements Authority Article 2 of MoE Regulation No. 12 of 2006 (1) Every person in charge of the business and / or activities that generate wastewater shall treat the waste water so that it meets the specified requirements before the waste water discharged into the sea. (2) Requirements of wastewater discharge into the sea as referred to in paragraph (1) is based on: a. marine environmental capacity; b. characteristics of wastewater discharge c. Baseline water body (sea/estuary); d. Impact of discharge; and e. Impact control and monitoring plans. Article 3 of Regulation MoE No. 12 of 2006 (1) Every business and / or activities that will discharge of waste water into the sea must obtain permission from the Minister. (2) The Minister may delegate the authority to grant permission to the Governor. Article 7 of MoE Regulation No. 12 of 2006 Wastewater discharge permit to sea as referred to in Article 3 paragraph (1) shall be based on the results of studies of wastewater discharge into the sea and meet all requirements as listed in Annex I and Annex II of this Regulation.

15 Inspection Procedure for Compliance Monitoring Step 1. Identification of the type of industrial activities (company) Step 2. Establish inspection team Step 3. Pre-inspection preparation and consolidation 1. Environmental regulations, EIA and permit 2. Data support (ex. Notefication letter, cronology of compliance) 3. Equipment 4. Technical Approach 5. Inspection checklist Step 4. Inspection On-site (site visit) Technical inspection Administration Step 5. Follow up of inspection activities Administrative sanctions Dispute Settlement Litigation

16 Evaluation of Wastewater Discharge Permit Compliance with Waterbody Load Capacity Production process: The type of product, raw materials, auxiliary materials, capacity, potential units of waste Emergency Response Plan: SOP with existing technology Evaluation Permit Wastewater Characteristics: Wastewater characteristics (dominant parameters, discharge volume), and the potential impact on aquatic biota, plants, humans, etc. Technology: Pre-inspection Technology process, the technology of waste water management, waste water management performance, the availability of production process technology and waste water management to support the implementation of waste minimization, monitoring technology (related to the analysis of the sample), emergency response technology, and technology recovery if there is contamination.

17 Technical Water Pollution Inspection No bypass wastewater Comply to compliance points Monitoring of wastewater at compliance points Identification of point source GPS coordinate Technical provisions compliance a. No dillution wastewater b. Installment of flowmeter c. Build an impermeable waste water drainage d. Separate sewarage with storm water runoff On site-inspection Inspection Report compliance Standard compliance Do not exceed the quality standard limit of wastewater given the permit a. Should be taken once in a month b. Sampling should be taken by acreditation laboratory

18 On-site Inspection 1. Inspector must use wastewater checklist 2. Check sources of wastewater generate. 3. Mapping of the piping line of the production process to Waste Water Treatment Plant (WWTP) 4. Check the wastewater treatment process by using wastewater management map (layout) and schematic mass balance of wastewater, from sources of wastewater treated at the WWTP, the treatment of wastewater to the wastewater discharges into surface water bodies 5. Compare the design capacity of the WWTP with a real capacity 6. Check the condition of flowmeter of wastewater discharge, type and date of calibration 7. Check the condition of ph control device and its calibration date 8. Check the records (logbook) of daily flow wastewater discharge and daily ph 9. Check the point of compliance, wastewater disposal (outlet) is representative 10. Evaluate the self-monitoring of waste water measurement data (parameters and values of concentration) at the point of compliance (effluent outlet). 11. Check the piping line (sewerage) leading to the outfall (sea) 12. Inspector should take wastewater sample Write facts finding (+/-) into the minutes of monitoring and approved together (Inspector and Enterprise/company)

19 Follow up Inspection 1. Write report based on inspection result: a. Should be clearly and systematic b. Should be accurate, actual and factual data or information that is written in the form of facts obtained during inspection c. Should be relevant, data or information submitted directly related to points of inspection result. d. Should be objective, factual information is presented objectively without giving a conclusion and assumption. e. Juridical analysis, by comparing negative facts finding with permit and regulations f. Give a recommendation whether to impose administrative sanction or litigation or dispute settlement 2. Submit report to the Superior (Director of Supervision Complaint, Compliance Monitoring and Administrative Sanction and Deputy Director of Environmental Compliance Monitoring).

20 Compliance Monitoring Direct Monitoring Number of Companie s Number of Permit Number of Companie s Number of Permit Compliance Monitoring ( ) Industry, Infrastructure and Services Natural Resources Indirect Monitoring Industry, Infrastructure and Services Natural Resources Second Line Inspection / Oversight) Industry, Infrastructure and Services Natural Resources Forest Fire Reasons did not comply on wastewater permit and regulations: 1. Exceed the quality standard limit 2. Did not install the flowmeter 3. Sample did not take once in a month

21 Compliance Monitoring Recommendation ( ) Recommendation Appreciation Letter (Comply) 2 5 Administrative Sanction Litigation 4 0 Administrative and Litigation 5 TOTAL Note: The recommendation only given to direct monitoring and secondline inspection

22 Environmental Law Enforcement Monitoring Compliance/Inspection Environmental Violations Sanctions: Administrative Sanction/ Dispute Settlement / Litigation

23 Challenges 1 Number of activities outweigh the number of inspectors. 2 Inspectors capacity and quantity need to be upgraded especially for local government level. 3 Integrated system needed to be developed e-monitoring system

24 Future Plan Develop integrated e-monitoring and database system : as a tool for compliance improvement, efficient and effective law enforcement system, and a basis of policy development. Future Plan Inspectors capacity building: training, internship Increase number of inspectors Develop compliance and enforcement policy

25 Thank You for Your Attention!

26 ANNEX

27 EIA Permit Business and/or activities required to have EIA Required to Business and/or activities required to have Environmental Mitigation and Monitoring Plan (UKL/UPL) EIA Permit EIA permit is permit required by all people who conduct business and/or activities that should have EIA or Environmental Mitigation and Monitoring Plan UKL-UPL for the protection and management of the environment as a prerequisite for obtaining a business and/or activities permit Source: Article 2 Government Regulation No. 27/2012 on Environmental Permit

28 Protection and Environmental Management Permit 1. Wastewater discharge to the river 2. Land application 3. Re-injection Disposal Well (oil & gas sector) Wastewater discharge to the sea Off-shore On-shore Protection & Env. Management Permit Hazardous Waste 1. Temporary storage of Hazardous Waste 2. Hazardous waste collection 3. Hazardous waste utilization 4. Hazardous waste treatment 5. Landfill hazardous waste 6. Dumping waste (drilling cutting discharge) 1. Published in the operational phase 2. Issued by environmental permit requirements and obligations that must be adhered to by the company

29 Type of Wastewater Discharge Assessment Article 4 MoE Regulation No. 12 of 2006 Every business plan and/or activities that discharge wastewater into the sea shall integrate the study of wastewater discharge into the sea as referred to in Annex II into the study of EIA or UKL-UPL Article 5 MoE Regulation No. 12 of 2006 (1) At the time of entry into force of this Regulation, for business and / or activities that are already operating and discharging of waste water into the sea but do not meet the requirements referred to in Annex II of this Regulation shall conduct a study of waste water discharge into the sea. (2) The study referred to in paragraph. (1) is eligible to apply for wastewater discharge permit to sea.

30 Content of EIA Permit Requirements The number and type of Protection and Environmental Management Permit at the stage of the business operations Time Period Environmental Permit Period Content of EIA Permit Obligations to responsible in the business and / or activity Environmental management plan refers to the decision of the feasibility activities or Environmental Mitigation and Monitoring Plan (UKL / UPL) recommendation Environmental monitoring plan refers to the decision of the feasibility activities or UKL / UPL recommendation Other obligations prescribed minister, governor or regent / mayor Recommendation Recommendation for approval or compliance with regulations and legislation of relevant agencies

31 Requirements Recommendations Obligations Time Period

32 Compliance Monitoring vs PROPER Monitoring Permit Comply to the permit and regulations PROPER rating should consider compliance monitoring result PROPER Supervision Based on criteria Compliance monitoring should be conducted by environmental inspector Sanction:: Administrative/Dispute Settlement/ Litigation Black rating PROPER will be followed up by law enforcement No need environmental inspector Results: Color rating Gold, Green, Blue, Red or Black

33 Second-line Inspection (Oversight) The Minister of Environment can oversight over the environmental compliance the environmental permits issued by local government when Central Government considers serious violations in environmental protection and management. (Article 73 on Act No. 32 og 2009) Local government request MOEF to implement secondline inspection Serious condition because of environmental damage, public anxious and impact on public health, when local government did not impose administrative sanction Requirements of Second-Line Inspection Local governments do not effective to impose administrative sanction to stop environmemtal damage and can not recover the environment Coordination, to conduct compliance monitoring with local government and administrative sanction imposed by MOEF

34 Human Resources Number of Environmental Inspector (National Level and Provincial/Distric Level): 111 person Functional = 34 person Local inspector = 77 person Directorate of Compilance Monitoring = 15 person Operational Unit of Law Enforcement = 19 person permit issued by local government 625 permit The number of environmental inspector is not proportional to the number of permit issued

35 PROPER (Program for Pollution Control, Evaluation and Rating ) Improve compliance of companies in environmental management. Improve commitment of stakeholders in creating environmental sustainability PROPER Aims Improve sustainable environmental management performance Increase awareness of business players to comply with environmental legislation Reinforce principles: Reuse, Recycle and Reduce in waste management

36 Environmental Performance Evaluation Level of Compliance Rate Performance Evaluation Criteria Area Method Type of Compliance Gold Environmental Management System Beyond Compliance Green Natural and Waste Utilization (3R) Corporate Social Responsibility Process / Effort Oriented Voluntary Comply Blue Marine Pollution Control Water Polllution Control Not Comply Red Black Air Pollution Control Hazardous Waste Management Environmental Impact Assessment Implementation Result Oriented Obligatory PROPER assessment refers to the environmental compliance requirement stipulated in government regulation related to water and air pollution control, hazardous waste management and EIA implementation (environmental mitigation and monitoring plan report). The assessment refers to the principles of accountability, fairness and transparency.

37 Number of Monitored Companies via PROPER

38 History of Environmental Compliance and Enforcement Program Environmental Impact Management Agency Established (BAPEDAL) PROKASIH Clean River Program Merger MOE and BAPEDAL PROPER Multimedia : Water, Air and Hazardous Waste Management Ministry of Environment and Forestry Government Regulation on Water Pollution Control PROPER PROKASIH Water Pollution Control Program Deputy Minister of Environmental Compliance Director General of Law Enforcement

39 PROPER Success Story Key Performance Indicator of companies Requirement for credit analysis in banking system PROPER rating as one requirement for ISPO sertification Performance indicator Green Economy Road Map In 2014, Green companies has achieved energy efficiency for 26 million Gjoule Reduction of water pollution load for 1 million ton for organic wastewater, and 3 million tonnes for anorganic wastewater Improvement of CSR fund Decentralized compliance monitoring to provincial and district level with similar standard. Capacity development to 584 inspectors Integrated monitoring system

40 Wastewater Checklist

41 Content of permit 1. Authorized Body(Government) Stated in the license who issues it, usually from the letterhead and signing permits will be seen from the authorized body who issue the permit. 2. Addressed The permit is aimed at interested parties. Usually permit interested born after applying for it. Hence the decision to load permits will be addressed also to those who ask permit. 3. Dictum Decision including the permit. For reasons of legal certainty should permit includes a description as accurately as possible to what permission was given. Part of this decision, in which the legal consequences caused by the decision called dictum, which is the core of the decision and includes rights and obligations intended by that decision.

42 Content of permit 4. Provisions, restrictions and requirements Contain obligations, restrictions which technically makes it possible to impose further regulation on permissible actions. This restriction limits refer to standard, time, place and ways. There are also requirements. With a set of conditions, certain legal consequences depend on the occurrence of an event in the future that is uncertain. 5. Reasons Reasons contain several clauses as mentioned in the regulation, legal considerations, and the determination of facts 6. Additonal notices Additional notices state that there are sanctions for violation committed by permit holders. It also includes instructions best of actions in filing subsequent petitions or public information from the government (authorized body) associated with current policy or in the future.

43 Type of Administrative Sanctions Warning Warning issued by authorized institution for breaking the adminstration law or not bring about serious impact to the environment Government Compulsion To stop environmental violation by environmental authority. Permit congealing This tools are applied if government compulsion failed Permit revocation Permit holder is proven to be violate and break the permit and/or causes serious impact to environment.

44 Warning Sanction 1 Disobey warning 2 Standard exceeding and disturbance 3 Obligations in EIA are disobey

45 Government Compulsion 1. Disobey of warning sanction 2. Company is not comply in warning sanction. 3. Sanctions: a. Temporary suspension of production activities b. Relocate production facilities c. Closure sewerage d. Demolition e. Seizure of evidence f. Temporary suspension of all activities g. Other activities to stop and restore

46 Permit Congealing and Permit Revocation Permit Congealing 1. Government compulsion failed 2. Evironmental could be thawed if all obligations were done 3. Can be punish Permit Revocation 1. Company is not comply to obligations in permit congealing 2. Company is not implementing on government compulsion

47 Environmental Criminal Code Mechanism Ultimum remedium principal last effort if administrative sanctions failed. Valid only for violation on standard exceeding and disturbance. Government impulsion is not implemented Breach the permit congealing Litigation