THE SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007: IMPACT ON WASTE RECYCLING ISSUES IN MALAYSIA Fauziah, S.H. and Agamuthu, P. Institute of Biological Sciences, Faculty of Science, University of Malaya, 50603 Kuala Lumpur, Malaysia. ABSTRACT Solid Waste and Public Cleansing Management (SWPCM) Act 2007 is aimed to regulate the management of solid waste and public cleansing in Malaysia which among others highlights the needs of mandatory waste separation. This is seen as positive steps towards sustainable waste management in the country where approximately 80% of the municipal solid waste components are recyclables. The objective of this paper are to analyze the SWPCM Act 2007 and to investigate public awareness on the Act and the recycling issues addressed. A survey involving 655 respondents were conducted to determine the public perception on the Act and the recycling issues. The results obtained indicated that only 48% of Malaysians are aware of the existent of the Act. About 64% agree to segregate their waste if it is made mandatory. In conclusion, less than half of the general public are aware of the passing of the SWPCM Act 2007. However, issues on recycling are more positively accepted. INTRODUCTION Municipal solid waste (MSW) management has become an issue of concern in Malaysia due to the 3% annual increase in waste generation. Daily generation of MSW by Malaysian averages at 1.3kg/capita and can reach 2.0kg/capita in some urban areas (Agamuthu and Fauziah, 2010). To date, more than 31,000 tonnes of MSW is generated everyday requiring the disposal into 190 operating landfills throughout the country (Agamuthu and Fauziah, 2010). More than 90% of these disposal sites are nonsanitary landfills which have been operating for at least 5 years. Though sanitary landfills are beginning to replace non-sanitary landfills for MSW disposal, the increasing amount of waste reflect an alarming trend of unsustainable waste management. The ever increasing trend in waste generation calls for the need of more disposal sites as the existing landfills space begins to exhaust. To date, more than 10 sanitary landfills are under-construction to allow the closure of the many fully exhausted landfills in the country. Yet, the issue of waste disposal is not solved as more and more areas are needed to be converted into landfills to accommodate the habit of the Malaysian throw-away society. Malaysia is projected to generate more than 14 million tonnes of MSW in 2020 that impacts to the environment will significantly take its toll. This alarming situation in addition to the environmental pollution risks poses by landfilling activities resulted with the passing of Solid Waste and Public Cleansing Management (SWPCM) Act 2007 in August 2007. This passing of the SWPCM Act 2007 is expected to pave ways towards a more sustainable waste management system in the country, particularly with the clauses on source separation and recycling. With more than 80% of the Malaysian MSW comprised of recyclable materials, disposal of the total waste stream resulted with the total loss of resources in addition to the exhaustion of landfill space. SWPCM Act 2007 is hoped to improve the current recycling rate of 5% to at least 22% by the year 2020. However, the Act is yet to be implemented that the result is still unclear. Additionally, the success of the Act is highly dependent on the public acceptance and participation.
The objective of this paper is to scrutinize the recycling-related clauses, and the possibility of improving the current waste management system in Malaysia. Also, it is aimed to investigate public perception on the SWPCM Act 2007, particularly on recycling issues and other related public participation program. MATERIAL AND METHODS The SWPCM Act 2007 was thoroughly studied to identify the clauses which have the highest impact in recycling activity after the implementation of the Act. These clauses were analyzed and converted into a set of questionnaires with the aim to obtain public perception of the matter discussed. The questionnaires consisted of issues in relation to the SWPCM Act 2007 and clauses on recycling addressed in the Act. The questionnaires were distributed in a public survey involving 655 respondents. Respondents were randomly selected to represent the Malaysian population of approximately 29 million in 2010. The results obtained from the survey were analyzed and computed into Statistical Package for the Social Sciences (SPSS) to derive the correlation and to determine the statistical significances. RESULTS AND DISCUSSIONS The SWPCM Act 2007 consists of 12 parts which include the administration, licensing provisions, charges, tribunal for solid waste management services, enforcement provisions and others. The clauses are arrayed according to their relevant parts where clauses on recycling and recycling-related activities are included in Part V, Part VIII and Part X of the Act. Table 1 summarizes the recyclingrelated clauses under the SWPCM Act 2007. Table 1 Summary of the clauses related to recycling in the SWPCM Act 2007 Part Clause Provision Liable Fine V 31 Recovery of controlled solid waste charges, fees or levy 32 Failure or refusal to pay charges, fees or levy <RM5,000 + RM50 to each subsequent day VIII 71 Prohibition against unauthorized depositing, treatment, etc., of controlled solid waste 72 Prohibition against unauthorized escape of any controlled solid waste RM10,000- RM100,000 or/and imprisonment of 6 months to 5 years RM10,000- RM100,000 or/and imprisonment less than 5 years 73 Waste placed in receptacles or deposit sites for controlled solid waste 74 Power to direct for controlled solid waste to be separated, handled and stored X 101 Reduction, reuse and recycling of controlled solid waste <RM1000 <RM1000 <RM10,000 or/and 6 months 102 Take back system and deposit refund system <RM10,000 or/and 6 months Note: 1USD= RM3.5
The cost of MSW management in Malaysian is embedded in the assessment bill of which premises owner pays to the local authorities. However, under Clause 31 and Clause 32, the fees or levy of the waste management services will be charged directly to the waste generator by the waste management service provider. Refusal to pay will make the waste generator liable to maximum fine of RM5,000 with additional RM50 to each subsequent day after the due date. The payment tariff is yet to be decided. There is no indicator whether the fees for waste management service will be based on the Pay-As-You-Throw (PAYT) system or the standard fixed rate. However, the implementation of the PAYT system might result with more significant reduction of the waste stream, as seen in many developed countries (Dahlén and Lagerkvist 2010, Karagiannidis et al 2008; Skumatz, 2008, Chang et al 2007). The implementation of the PAYT system will also encourage higher rate of recycling among waste generators who aimed to reduce the waste to be sent for disposal in order to reduce the fees charged to them. Part VIII of the SWPCM Act 2007 which covers the control of solid waste generators and persons in possession of the waste prohibits unauthorized depositing, separating, storing, keeping, collecting, transferring, transporting, treating or disposing of the waste. The clauses require all solid waste to be deposited or disposed of at appropriate solid waste management facilities licensed under the Act. Additionally, all waste generators are responsible to prevent unauthorized escape of waste and by committing this offense, they are liable to a maximum fine of RM10,000 or five years imprisonment, or both. This particular clause prohibits all unofficial recovery of materials by which will deprive the livelihood of scavengers whose source of income is via selling of recyclables from the waste stream. Positively, the clause will hinder illegal collection of valuable material such as metal and steel. The issue of illegal trafficking of high value recyclable good which is rather serious in the country is hoped to be deal with under this clause. Nevertheless, recycling activities carried out by institutions and charity groups are exempted under this provision. The clause also placed the responsibility of waste separation at source to waste generators. This will facilitate the recycling activities as the issues of commingled waste will be resolved (Agamuthu et al 2009). Reduction and recovery of MSW is included under Part X of the SWPCM Act 2007, placing more priority to Reduce, Reuse and Recycling (3R) options. The clause will enable the Minister to order waste generator to reduce waste generation and to utilize environmental friendly materials. Also, any person (generally manufacturers) can be asked to use specified amount of recycled materials in the product, as to encourage the recycling industry and stabilizing the markets of recyclable materials. The provision is seen as a positive economic drive in ensuring the sustainability of recycling industry in the country (Agamuthu et al. 2009a). The recycling rate is hoped to be further enhanced with the requirement of coding and labeling system as indicated in the Clause 101. This is aimed to promote recycling by providing direct information to consumers on the recycling possibilities of a product. Previous study had reported that citizen failed to recycle certain materials due to their ignorant and lack of appropriate knowledge on certain products recycling possibility (De Fio and De Gisi 2010, Chen and Chang 2010, Chen 2010). Failure to comply with the provision will be liable to a maximum fine of RM10,000 or six months prison of both. The SWPCM Act 2007 allocated the provision on the take back and deposit fund system which require some responsibility to manufacturer, assembler importer or dealer, to recycle or dispose their products at their own cost, and make it their obligation to establish a deposit refund options. With economic drives assisting the recycling activities, the recycling activity would have a higher chance to be successful in the country. The SWPCM Act is seen as a holistic approach to improve the current waste management system in Malaysia. However, the lag in its implementation makes the targets and objectives of the Act ambiguous and uncertain. The success of the Act is highly dependent on the participation of the public at large since they are the main key-player. Therefore, it is necessary to understand the public opinion and their understanding regarding recycling and the provision within the Act.
Results from the survey indicated that respondent s awareness on the passing of the Act was low. Only 31% of the general public is aware of the Act while the majority (69%) did not know about the Act. This indicated that the dissemination of information regarding the Act is very much lacking. Thus, the government has to play a more crucial role to initiate campaigns at various levels to educate the public on the Act while disseminating information of the clauses addressed. In regards to the recycling issue where the Act incorporate a clause on deposit funding system for packaging material, 70% of the respondents disagreed with the motion. This is likely due to the fact that it will affect the economy of the public if this clause is made mandatory. In addition, mandatory recycling is non-existent in Malaysia that majority of the public may object this additional inconvenience. However, the survey indicated that 64% of the total respondents agree to segregate their MSW if it is made mandatory. The clause addressing compulsory requirement from the manufacturers to label their products with recycling codes was received positively. This motion received agreement from 58% of the respondents. This is probably due to the fact that the public in general would appreciate the recycling codes to assist them in practicing recycling in order to improve the current waste recycling rate at 5%. Previous studies also had indicated the importance of the labeling codes in promoting recycling activities (De Fio and De Gisi 2010, Chen and Chang 2010, Chen 2010). Table 2 summarizes the responds obtained from the survey in regards to recycling issues addressed in the SWPCM Act 2007. Table 2 Summary of responds from public on recycling-related issues in the SWPCM Act 2007 Recycling-related issues Agree (%) Disagree (%) To conduct home segregation prior to waste disposal 64 36 To pay monthly fees for waste management services 9 91 To have a deposit fund system for returnable packaging materials 13 87 To support and purchase products with labelled recycling codes 84 16 To support the statement that recycling rate will increase if it is made 99 1 mandatory To have Solid Waste Tribunal to resolve matters regarding solid 81 19 waste management in the country To support the statement that stringent rules will improve public awareness in waste management issues 66 34 The majority of the respondents (64%) agree to separate their waste at home. This indicated the willingness of the public to change their normal habit of chucking in all waste type into a common bin. It can be seen as an improved awareness among the general public on waste management issues in the country. This is probably a result from the serious advertisement on the mass-media, on the impacts of uncontrolled waste generation by citizen in the future. The minority (34%) which disagrees to conduct home segregation probably due to their indifferent attitude, refusing to change their daily routine in addition to their low awareness on environmental issues. The provision on the monthly fees charged to the waste generator was negatively received by the general public. The majority (91%) disagree with the monthly payment system because it will affect their household income. Since waste management service charged has been imposed at a very minimal rate and being incorporated into the annual assessment, the fees are taken as an additional cost for them to bear. In order to resolve the issue, it is necessary that more comprehensive detail is provided to the general public regarding the existing fees imposed on them and future levy after the implementation of SWPCM Act 2007. Similarly with the proposition on the deposit fund system, majority (87%) of the respondents refuse to support it. Since this is also related to the economics of the people, similar respond was received. On the contrary, the labeling and recycling codes system is highly accepted among the public with a majority of 84%. Again, this indicated that public would prefer to see changes as long as their economic aspect is not directly affected (Fauziah et al 2009).
Almost all respondents (99%) believe that making recycling mandatory will improve the recycling rate in the country. This probably due to the fact that institutional drivers can impact and encourage the public to participate in recycling if it is a by-law requirement. The respondents probably see the making of recycling mandatory as a regulation which comes with fine and punishment is they failed to comply. Additionally, if recycling becomes mandatory, it will come together with the establishment of more recycling facilities in the country. As a result, these facilities will improve public convenience and thus participation in recycling activities can be enhanced. Various studies indicated that insufficient recycling facility is one of the obstacles towards successful recycling, particularly in developing nations (Agamuthu et al. 2010, Agamuthu et al, 2009a). In regards to tribunals on issues addressed in the SWPCM Act 2007, the majority (81%) felt that the special tribunal is necessary to resolve matters regarding solid waste management in the country. This is probably due to the fact that SWPCM Act 2007 is new that specialized agency is needed to manage and deal with the offence and crime committed under the provision of the SWPCM Act 2007. The survey also indicated that more than half (66%) of the general public felt that there is a need of a more stringent regulations regarding the waste management system in the country. This probably based on the fact that stringent rules and regulations imposed by the government in general and the Act in particular will help to improve public awareness on waste management issues and positively alter the existing habit of Malaysian towards becoming a more responsible waste generator. Additionally, the carrot and stick concept is always practical to initiate public to practice appropriate conducts. Also, the awareness on the dos and don ts will be highly regarded in order to avoid fine and punishment due to reluctance and ignorance. CONCLUSIONS As a conclusion, the provision within the SWPCM Act 2007 obviously can enhance the improvement of current waste management system in Malaysia towards a more sustainable practice. The Act can be an influencing tool to mold the public in moving towards higher participation in recycling activities in the country. However, the information on the Act should be made available to the general public so the dissemination of information can be vastly covered to the whole nation. The public should be made aware of the Act and the issues addressed in order to obtain positive participation, Thus, this will ensure the success of the Act in achieving an improved waste management system in Malaysia. REFERENCES Agamuthu P., Fauziah S. H. and Kahlil Khidzir (2009). Evolution of Solid Waste Management in Malaysia: Impacts and Implications of the Solid Waste Bill, 2007. Journal of Material Cycles and Waste Management 11 (2): 96-103. Agamuthu, P., Khidzir, K. and Fauziah S.H. (2009a): Drivers of sustainable waste management in Asia. Waste Management and Research.27:625-633. Agamuthu, P., Fauziah, S.H. and Khidzir, K.M. (2010). Sustainable 3R Practice in the Asia and Pacific Regions: The Challenges and Issues In: Municipal Solid Waste Management in Asia and the Pacific Islands.( Eds: Agamuthu, P. and Tanaka, M.) Penerbit ITB, Indonesia. Agamuthu, P. and Fauziah, S.H. (2010) Challenges and Issues in Moving Towards Sustainable Landfilling in a Transitory Country-Malaysia. Waste Management and Research. Article in Publication Skumatz, L.A. (2008) Pay as you throw in the US: Implementation, impacts, and experience. Waste Management. 28(12): 2778-2785. Karagiannidis, A., Xirogiannopoulou, A. and Tchobanoglous, G. (2008) Full cost accounting as a tool for the financial assessment of Pay-As-You- Throw schemes: A case study for the Panorama municipality, Greece. Waste Management. 28(12): 2801-2808 Chang, Y., Liu, C., Hung, C., Hu, A. and Chen, S. (2008) Change in MSW characteristics under recent management strategies in Taiwan. Waste Management. 28(12): 2443-2455.
Dahlén, L and Lagerkvist, A. (2010) Pay as you throw: Strengths and weaknesses of weight-based billing in household waste collection systems in Sweden. Waste Management. 30(1): 23-31. De Feo, G and De Gisi, S. (2010) Public opinion and awareness towards MSW and separate collection programmes: A sociological procedure for selecting areas and citizens with a low level of knowledge. Waste Management. 30(6): 958-976 Chen, Y. and Chang, D. (2010) Diffusion effect and learning effect: an examination on MSW recycling. Journal of Cleaner Production. 18(5):496-503 Chen, C. (2010) A performance evaluation of MSW management practice in Taiwan. Resources, Conservation and Recycling. 54(12): 1353-1361