Overview of Scheduled Waste

Management in Malaysia & the

Way Forward

ENSEARCH Sustainability and Environmental

Management Conference & Exhibition (SEM2013)

22 & 23 October 2013

By

Dato’ Halimah Hassan

Director General of Environment Malaysia

Keynote Address

Presentation Outline

Introduction …

New Economic Modal

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

HAZARDOUS WASTES MANAGEMENT Environmental Policy Development in Malaysia

Background …

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

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 1975. 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.

Management of Hazardous Waste …Milestones

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

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

Legislation

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

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.

• 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.

Post 2015 …

• Agreement between the

Government of Malaysia and

Kualiti Alam Sdn. Bhd on 18

December 1995 on exclusivity ends in the Year 2015 ….

• 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

Special Management

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

Amendments of the EQA 2012

• Introduction of new provisions to enhance the

effectiveness of enforcement - amongst

others to address illegal disposal of

schedule waste

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

Policies in Scheduled Wastes 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

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

Policies on Hazardous Waste Management

Evolution towards Excellence in Integrated Waste Management

Current Practice Future Direction

LANDFILL

DISPOSAL

LANDFILL DISPOSAL

TREATMENT

RECOVER

RECYCLE

REUSE

REDUCE

TREATMENT

RECOVER

RECYCLE

REUSE

REDUCE

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’

Inventories and Compliance …

Quantity of Scheduled Waste

Generation in Malaysia , by category

in the year 2012

2012: 2,854,516.78 MT

Quantity of Scheduled Waste

In 2012, a total of 2,854,516.78 metric tonnes of scheduled wastes were generated. This represents a decrease of 13 % as compared to 3,281,569.73 metric tonnes reported in 2011. Of which dross/slag/clinker/ash, gypsum, mineral sludge, oil and hydrocarbon, heavy metal sludge and e waste were the main categories.

Trend of Scheduled Waste Management in Malaysia

Year 2007 - 2012

2012: 2, 854,516.78 MT

2011: 3, 281,569.73 MT

2010: 3,087,496.84 MT

Facilities Handling Scheduled Wastes in Malaysia – year 2012

No. Facility Tones Percentage (%)

1 On-site Treatment 674,332.66 39.46

2 Local Off-site Recovery Facilities 596,527.89 34.91

3 On-site Storage 294,618.67 17.24

4 Kualiti Alam Sdn. Bhd 105,151.05 6.15

5 Off-site Clinical Waste Incinerators 18,055.03 1.06

6 Trinekens (Sarawak) Sdn. Bhd. 15,878.33 0.93

7 Foreign Facilities (Eksport) 4,145.10 0.24

Total 1,708,708.73 100.00

674,332.66

596,527.89

294,618.67

105,151.05

18,055.03 15,878.33 4,145.100.00

100,000.00

200,000.00

300,000.00

400,000.00

500,000.00

600,000.00

700,000.00

800,000.00

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)

MT

Facilities Handling

Facilities Handling Schedule Waste 2012Facilities Handling Scheduled Wastes 2012

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)

Distribution of Scheduled Wastes Generated by State, 2012

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%

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

Compliance to the EQ(Schedule Wastes)

Regulations 2005

• Number of compounds issued :

– 2010 : 1,569

– 2011: 1,060

– 2012: 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.

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 RM70,000.00

• 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)

85

4

79 74

2

15

9

2

8 3 2 2

72

2

1,090,900

20,000 140,150

1,247,000

108,000 53,000 75,000

0

170,000 70,000

2,600 19,000

1,799,150

0 0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1,600,000

1,800,000

2,000,000

0

10

20

30

40

50

60

70

80

90

DOE : Number of court Cases and Fines, 2012

Bil Kes

Jumalah Denda (RM)

• 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 30th August 2007. 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

Court action …

On-going Initiatives

• E-Consignment

• E-Waste and Household e-waste

• Environmentally Hazardous Substances Notification And Registration (EHSNR) Scheme

• Contaminated Land

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.

Sources of e-waste

Industrial sectors : from electrical and electronic assemblies

Household, commercial areas and institutions: used end of live electrical and electronic goods

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

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.

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

HOUSEHOLD E-WASTE

HOUSEHOLD E-WASTE RECYCLING FRAMEWORK

OUR OBJECTIVES

Environmentally Sound

Management of household e-

waste

To prevent illegal import

and export

Promote resource recovery

RECYCLING Principles of household E-Waste

Extended Producer

Responsibility

Life Cycle Analysis/

End of life cycle

Polluter Pay

Principle

Manufacturer / Importer

Retailer

Authority

Recycler

Who are the STAKEHOLDERS?

Roles and Responsibilities

AUTHORITY

• Develop policy and legislation

• Collection system at local level

• Monitoring the recycling target

MANUFACTURER

• 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

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

Develop capacity to manage recovery efforts in a sustainable manner.

Develop schemes on the collection and segregation of e-waste, including take-back schemes

Cooperation between private and public sectors will enable the Government policies to be greatly enhanced

Deliver important economic and social outcomes

• 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

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.

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.

• 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 http://www.doe.gov.my.

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 149.

– 14 companies had registered as the overseas suppliers

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)

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

Contaminated Land

• DOE recognizes the environmental implications of

contaminated land as a potential problem

• Year 2008 & 2009 - under the 9th 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

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

New Focus Area …

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.

NEW FOCUS AREA

• Noteworthy, ENSEARCH had conducted

a “Study on Establishment of

Environmental Fund’ in the year

2008/2009

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 3rd party

auditing

• High compliance rate (deterrent enforcement action)

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.

THE WAY FORWARD

Evolution towards Excellence in Integrated Waste Management

Current Practice Future Direction

LANDFILL

DISPOSAL

LANDFILL DISPOSAL

TREATMENT

RECOVER

RECYCLE

REUSE

REDUCE

TREATMENT

RECOVER

RECYCLE

REUSE

REDUCE

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’

Thank you hhh@doe.gov.my