Regulation of the Governor of Jakarta Capital City of Special Region Province on the use of water in business centre zone

16A USE OF WATER IN BUSINESS CENTER ZONE (Regulation of Governor of Jakarta Capital City of Special Region Province Number 129 Year 2010, dated June 30, 2010) WITH THE BLESSING OF THE ONE AND ONLY GOD GOVERNOR OFJAKARTA CAPITAL CIlY OFSPEGAL REGION OFPROVINCE, Considering: a. that useof subsurface watet in Business center Zone, based on the principle of use, proportion, harmony, integration and preservation with due observanceof and considering public interest, it is necessary to pre pare regulation for implementation thereof stipulated by the Governor; b. that to accomplish pnnoptes referred to in letter a in the useof subsurface water in Business center Zone Within Jakartacapital City Special Region of Province, it is necessary to compile regulation for control the useof subsurface water in Business center Zone; c. that bsed on the consideration referred to in letter a and letter b, and to take follow up action of the provi sion in Article 19 paragraph (1) of Regulation Regula tion Number 10Year1998 concerning Operation and TaxonUseof subsul'tace~ it Is necessary to stipu late GovernorRegulationon the Use of Water in Busi ness center zone; In view of: 1. Law Number11 Year1974 concerning Waters; Business News8059/1-21-2011 2. Law Number 7 Year 2004 (BN No. 7069 pgs. 10B-14B and so forth) concerningWater Resource; 3. Law Number 10Year 2004(BNNo. 7149pgs. 16B-18B and so forth) concerning Establishmentof Statutory Regulation; 4..Law Number 32Year2004 (BN No.7152pgs. 98-18B and so forth) concerning Regional Government as amended several times and lately amended by Law Number 12Year2008 (BNNo. 7661 pgs.11B-18B and so forth); 5. Law Number 26Year2007 (BN No. 7556pgs. 138-228 and so fOrth) concernlngspace Layout; 6. Law Number29 Year2007 (BNNo. 7565 pgs. 3B-l0B) concerningAdministration of Jakartacapital CitySpe cialRegionof Province ascapital Cityof the UnityState of the Republic of Indonesia; 7. Law Number29Year 2009(BN No. 7865 pgs. 9B-25B and so forth) concemingTax andRegional Contribution; 8. Government Regulation Number 38 Year 2007 (BN No. 7562 pgs. 16-6B) concerning Distribution of Admii1is tratioo Affairs bt:tween the Govemment, RegionalGov ernment of Province and Regional Govemmentof Re gency/Municipality; 9. GovernmentRegulation Number26Year 2008(BN No. 7685 pgs. 19B-248 and so forth) concerning Space Layoutof NationalRegion; 10. Government . ! , • I 10. Government Regulation Number37 Year 2008concern ing ground Water; 11. Regional Regulation Number 1Year2004(BNNo. 7056 PQs. 6B-10B) concerning Taxon Withdrawingand Use of Subsurface Water and SurfaceWater; 12. Regional Regulation Number 10 Year 2008 concerning Organization of Regional Instrument; 13. Governor Decision Number BB Year 1999 concerntnq Guideline for Operation and Collectionof Tax on the Use of Subsurface Water and Surface Water within Jakarta capital City of Special Region Province as amended by Governor Decision Number42Year 2001; 14. Governor Decision Number 56 Year2003 concerning Procedure of Service on Subsurface Water within Min ing C;ector of JakartaCapitalCity of Special Region of Province; 15. Governor Decision Number 113 Year 2005 concerning Guideline for Operation and Order in Subsurface Wa ter activities, General Mining, NaturalOil andGas Min ing and Electricpower; DE CI DES: Tostipulate: REGULATION OF THE GOVERNOR ONTHEUSE OFWATER IN BUSINESS CENTER ZONE. CHAPTER I GENERAL PROVISiON Article 1 What is meant in this GovernorRegualtion by: Business News 8059/1-21-2011 17A 1. Region isJakarta capital Cityof Special Region of Prov ince. 2. Regional Government isGovernor and Regional Instru mentas operating elementof Regional Administration. 3. Governor is Head of Jakarta capital City of Special Region of Province. 4. Regional Environmental Management Agency herein after referred to as 6PLHD is Ellvirunrnelllal MaIlClgt:: ment Agency of Jakarta Capital Cityof Special Region of Province. 5. The Head of Regional Environmental Management Agency hereinafter referred to as Head of Agency is Head of Regional Environmental Agency of Jakarta Capital City of Special Region of Province. 6. ZOne is Space constituting geographic unit with all the relevantelement thereinwhich borderand system are based on its functional aspect and particular homogene characteristic, suchas residential zone, shopping zone and industrial zone. 7. Business Center Zoneor Central Business District(CBD) is city center zoneconstituting business location cen ter for group of business entities/business organiza tions, administration institution in the form of office buildingsandtrading center. 8. Subsurface water is allwater existing in the earth belly induding therein spring water emerging naturally on the land surface. 9. Dnllwell iswellwhichismadebydrilling With '\0 meters depth, using xylophone-like pipe (pipa berjambaflg)1 of 4 inches diameter (10 cm) or more, 10. Pantek ..... 10. Pantek well is well which is made by manual drilling with 40 meters depth, and using pipe with maximum diameter 3 inches (7 V2 cm). 11. Volume is the total volume of water coming out to the surface out of pumping. 12. Ground water reserve is an area bordered by hydraugeologic border, place for continous supple menting process, flowing and releasing of ground water. 13. Ground water management is extensive meaning cov ering all efforts of inventory! governing the use! per mits, management! control and supervision as well as preservation of subsurface water. 14. Damming spring water is activity to build facility for spring water utilization at the location where spring water emerges. 15. Business license for Ground Water Drilling Company is license for ground water drilling business activity pro vided to business entity. 16. Ground Water Drilling Operator License is license to operate drilling machine in the context ot drUling ground water. 17. Ground Water Drilling License is License to drill, dam the spring water and to excavate ground water. 18. Waste Water Discharge License is Licenseto discharge waste water that complies with the standard of waste water quality into the body of water. 19. Tax for Withdrawing and Use of Ground Water is re gional collection on ground water withdrawal and use in BusinessCenter Zone. BusinessNews 8059/l-21-2011 18A 20. penetration Well is well that functions to penetrate naturally (Without pressure/injection) the surface water into the aquifer until the water lock zone for the purpose of increasing the ground water poten tiality. 21. Monitoring Well is well used to monitor the change in ground water surface in certain aqufer as the result of withdrawal of ground water by drilled well existing around it by installing particular tool (telemetry or AWLR/Automatjc water Level Recorder). Monitoring Well made to monitor the surface and/or quality of subsurface water in.certain aquifer, 22. Injection Well is well made to inject water into the ground with pressure/injection to recover the condi tion of ground water in certain aquifer layer. 23. Preservation of Ground Water is management of ground water to secure its discrete use and to secure its continous supply by keep maintaining its quality. 24. Water Meter is meter to measure the volume of water withdrawal that has been calibrated by the authorized agency. 25. Ground water withdrawal zone is region for withdraw ing ground water related to natural supporting power and potential ground water locally. 26. Reduce is reduce/save use ofground water by means of pattern of use and technology approach. 27. Reuse is use of ground water repeatingly for other purpose with due observance of the quality level. 28. Recycle is improvement of water quality by means of processing so as to be reuseable. 29. Recharge..... 29. Recharge isto put/inject the excess water coming from rainwater and/or surface water with goodquality into the aquifer. 30. Recovery is Combination of the the above activitiec; (Reduce, Reuse, Recycle danRecharge) with the pur pose to recover the potentiality and quality of the Business News 8059/1-21-2011 19A ground water up to nearly back to the initial condi tion. Article 2.. . ( To be continued ) needed ....• 19A USE OF WATER IN BUSINESS CENTER ZONE (Regulation of Governor of Jakarta Capital City of Special Region Province Number 129 Year 201.0, dated June 30, 2010) [Continued from Business News No. 8059 pages 16A-19A] WITHTI-lE BLESSING OF TI-lE ONE AND ONLY GOD GOVERNOR OF JAKARTA CAPITAL CITY OF SPECIAL REGION OFPROVINCE, Q-lAPTERll PURPOSES AND OBJECTlVES Article 2 Use of ground water in Business CenterDistrict in Business News 8060-8061/1-26-2011 the Area is meantaseffort to control andmaintainground water condition, improve ground water preservation, im provethe people'swelfare, with the objectiveto: a. governuseof ground water in Business center Dsitrict; b. govern the rights and obligations of the holder of li cense for drilling, withdrawal and management of ground water in Business Center District; c. govern.. '" c. govern preservation pattern on ground water in Busi nessCenter District based on the principles of reduce, reuse, recycle, recharge and recovery; d. accomplish synergy and integration between the Gov ernmentand Operator of Business center District; e. extendand strengthen comiitment bymeans ofeoopera ticn and partnership in ground water preservation; and f. strengthen the people's participation in ground water preservation. CHAPTER III ALLOCATION OF WATER USE Article 3 (1) Useofground water in BusinessCenter District is allo cated for: a. potable water; b. water for household use: c. water for industry; and d. water for business in municipality' area. (2) Useof ground water referred to in paragraph (1) must observe public lnterest and the local condltlon, CHAPTER IV PERMITS Part One Requirements Article 4 (1) Any person or business entity intending to use ground water in Businesscenter District in the Area must first obtain permit from the Head ofBPLHD. BusinessNews 8060-8061/1-26-2011 20A (2) The permit referred to in paragraph (1) may be ob tained after first submitting application to BPLHD by complying with therequlrernents as needed. (3) The permits that must be passed by the Applicant re ferred to in paragraph (2) shall be: a. permit to drill ground water; and b. permit to use ground water. (4) The requirements needed for application for permit referred to in (3) letter a shall be as follows: a. photocopy If Applicant's Resident Identity Card b. map of the well location and the location of the well that is complete with drawing of the plot in detailed/large scale of 1:1.000; c. map of situation of 1:10.000 scale; d. photocopy of Ownership Right/Block Plan; e. photocopy of PAM Jaya's bank account, receipt or application letter for PDAM connection if it is within PAMJaya network; f. statement of ground water use for reserve if it is within PAM Jaya network; g. detisil of the need for clean water use (water scale); and h. photocopy of statement letter from the Head of BPLHD explaining that the cantractor/DriUing Op erator of ground water may carry out activity in the Area; (5) Other than obliged to comply with the requirements referred to in paragraph (4), the Applicant for permit is also obliged to comply with technical requirements es follows; a. make ..••. a. makerecharge or absortionwell; and b. install reasonable water meter container that is accessible for examination to protect the water meter. (6) Permit for drilling ground water may be granted if: a. the application for permit complies with adminis trative and technical requirements referred to in paragraph (4) and paragraph (S)i and b. the resultof laboratoryexaminationon the quality of groundwater based on the neddof the applicant complies with the requirements in accordance with the provisions inthestatutoryregulation, which must be conducted by entitvor institution that nssess equipment and authority in this sector. (7) The requirements needed in the application for permit referred to in paragraph (3) letter b, shall be as fol lows: a. photocopy of theApplicant's Resident Identity Card; b. map of well location and location of existing well supported by draWing of the plotwith detailed/large scale of 1:1.000; c. map of the sltuetlon/topoqrephy on 1:10.000scalei d. photocopy of RightOwnership/Block Plan; e. photocopy of PAM Java'sbankaccount, receiptor application letter for PDAM connection if it iswithin PAM Jaya network; f. statement for useof ground water forreserve if it is within PAM Jayanetwork: g. Minutes ofExamination on the result ofdrilling; and Business News 8060-8061/1-26-2011 21A h. preparedetailed planon the needfor clean water use(water scale). PartTwo Permit Validity andExtension Article 5 (1) The term of permit for water useis valid for three (3) years and may be extendedat the request of the per mit holder. (2) The permit referred to in paragraph (1) will be ex tended by submitting written application to the Head of BPLHD, supported by: a. photocopy of technical recommendation from BPLHD on the well concerned andotherwells exist ing if more than one (1) well; b. photocopy of the latest permit for use of subsur facewater; c. photocopy of the latestsettlementpayment of Tax for Use of Subsurface Water in the last year; d. photocopy of PAM Jaya's latestbankaccount or pho tocopy Ofapplication for PAMconnection if it isWithin PAM Jaya network; e. statement on the use of subsurface water for re serveif it is within PAM Jayanetwork; f. recapitulation on the useof subsurface water and PAM for the lastone(1) yearfrom allexisting wells if. there are mane than one (1) wells; and g. details of water need averagely in one (l) month. (3) Permitfor subsurface water usemay beextended if it complies with administrative requirement referred to in in paragraph (2) and has obtained technical recom mendation from BPLHD. Part Three Revocation of Permit Article 6 Permit for use of subsurface water may be re voked if: a. the holder of permit complies with the provision stipu lated in the permit; b. the quality of subsurface water fails to comply with the requirement; c. it conflicts with public interest and/or interrupt water balance or causes damage to the environment; d. at the request of the holder of permit. CHAPTERV OBLlGAllONS ANDPROHIBmONS Part One Permit Holder Article 7 (1) Drilling operator shall be obliged to: a. notify in writing to the Head of BPLHDwithin seven (7) working days prior to installing filter, pumping test, pump installation and damming the spring water; b. comply with the provisions set forth in the permit certificate; c. send written report the result of activity during the course of drillingl excavation or damming of water Business News 8060-8061/1-26-2011 22A spring to the Head of BPLHD, consistingof hard copy (print out) and soft copy (file) in CDform that must contain: L geoelectric data or other aquner mapping tech nology used; 2. drilling log data; 3. logging data; 4. data on water quality; 5. data on pumping test; 6. drilling construction (including position of the fil ter); 7. construction of water spring damming installa tion;and 8. other information duly stipulated. d. install well construction or water spring damming according to technical guideline/technical require ment; e. stop ground water drilling or water spring dam ming should any incident takes place that may ham per preservation of source of ground water and damage living environment, and endeavor Its con trol and report immediately to the Head of BPLHD; f: conduct pump test to measure volume of safet water withdrawal, that may not disturb the surface of the ground water of the surrounding population; g. rnnstruction activity, installation of filter, and log ging must be witnessed by BPLHD officers; and h. as soon as construction is completed the ~II will be closed temporarily or capped before water meter is installed. (2)The..... (2)The holder of permit shall be obliged to monitor and report the installation as referred to in paragraph (1) to BPLHD. Article 8 (1) Every holder of permit for ground water withdrawal shall be obliged to: a. prioritize the use of PAM water and use of ground water shall constitute reserve only; b. provide absorbing well according to the size of the construction cap of the respective operator; c. provide one (1) injection well for every three (3) production wells or at a certain point which water condition isconsidened crucial to the Businesscen ter District with aquifer depth is based on the aqui fer taken; d. provide one (1) monitoring wei for every three (3) production wells or at a certain place the condition of its water is considered crucial. e. ground water as reserve and if no other water source is available, withdrawal of ground water by limiting to maximum according to the permit granted; f. is responsible to maintain monitoring well, injec tion well for water meter (or volume meter) and water volume limiting device (stop faucet) and ex isting in his area; g. pay tax for withdrawal and use of ground water according to the volume of ground water with drawn; Business News 8060-8061/1-26-2011 23A h. report the volume water withdrilwal each month to the Headof BPLHD table andgraphic form on ground water withdrawal according to the water meter re cording; i. stop ground water withdrawal activity and endeavor control thereof should there be matters arising that may interrupt preservance ofground water and the living environment; j. provide water for public interest 10% (ten percent) maximum of the volume limit stipulated in the per mit certificate; and k. Is obliged to install filter at the well pipe outlet be fore the water meter for sand discharge is sucked. (2) Every holder of permit for ground water withdrawal shall be prohibited from: a. damaging, releasing, eliminating and removing water meter.measuring deviceofwater volume and/ or damaging calibration seal and relevant technical device installed by technical agency on the water meter or water volume measuring device; b. withdrawing water from the well before the water meter is installed; c. withdrawing water exceeding the volume stipulated in the permit certificate; d. hiding the spot of water or location water With drawal; e. removing the position of drilling point and/or loca tion of damming or location of water Withdrawal; f. changing the construction on water spring dam ming; g. not ...•. g. notpaying tax for wlthdrawinq ground water; h. not submitting report on factual withdrawal of ground water; i. not reporting the result of monitoring well record ing; and j. not implementing the provision set forth In the per mit certificate. Article 9 In the context of ground water preservation, the holder of permit shaIIbe obliged to: a. maintain continued existence of supporting power, ac commodating power and function of ground water. b. refer to ground water management pattern based on independent fulfillment of the need for water in a cer tain area; c. constitute as a reference in planning space layout; d. exercise protection and preservation activities ofwa ter resource covering the quantity and quality by re ferring to the principles of SR: Reduce, Reuse, Re cycle, Recharge and Recovery. Part Two Management of Businesscenter District Article 10 In the context of ground water utilization in Busi ness center District, the operator of Business Center Dis trict sna II be obliged to: a. exercise save water use (ground water/clean water) by showing reduction in the use ofwater tominimum BusinessNews 8060-8061/1-26-2011 24A 20% (twenty percent) of the total volume of water needed; b. possess waste water processing facility to maintain and improve waste water quality for the purpose of reuseand free from hazard for discharge into the water body and comply with the Permit for Waste Water Dis charge (IPAL) and BPLHD. c. exercise independent study in BusinessCenter District scale to: 1. evaluate potentiality and to identify quality of water resource other than ground water and its capabil ity to substitute use of ground water; 2. evaluate method of injecting excessrain water and aquifer target by consultation with BPLHD; 3. monitor effective injection through special moni toring well; and 4. make plan on water use in phases according to allocation and the quality of water needed. d. report the result of study conducted to BPLHD and implement the result ofthe study. e. conduct audit on the water by water scale either rain water, pipe water, waste water, ground water and water processing result. CHAPTER VI MANAGEMENTANDSUPERVISION Article 11 (1) The holder of perrnlt referred to in Article 4 paragraph (3) shall be under the management and supervision of BPLJiD. (2) The ..... {2} The management and supervision referred to in para graph(1) isexercised bymeansamongother things: a. provideorientation of the statutory regulation on pennits for subsurface water and surface water to the holderof permitor to the community; b. review periodically the location of the permitholder concerned; and c. provide assistance in the form of recommendation or input to the permit holder or the communityas potentialpermitholderthat needs information. CHAPTER VII CONTROL Article 12 (1) Implementation of this GovernorRegulation shall be underthe controlof the Head of BPLHD. (2) Theresultof control referred to in paragraph (1) shall be constitutethe subjectof evaluation at Coordinating Meeting periodically involving the relevant SKPD/UKPD. (3) Theresultof Coordinating Meeting referred to in para graph (2) shall be reported to the Governor through the secretaryof the Region. OiAPTER VIII PENALlY Article 13 Anyapplicantviolating the provisions in Article7 through Article 10 is subject to administrative penalty in the form of: a. written reminder; Business News 8060-8061/1-26-2011 25A b. temporary termination/sealing of drilling activity and/ or useof ground water; c. clOSing the water now by plugging upor casting. Article 14 (1) Penalty in the form of written reminderreferred to in Article 13 paragraph (1) letter a shall be charged on: a. any person or entity receiving Summons Letterby fails to complywith his obligations; or; b. that may fulfill the summons and make statement of commitmentto fulfill hisobligations or paya fine but fails to fulfill it. (2) The penalty in the form of written reminder referred to in paragraph (1) shall be charged by the BPLHD and signed bythe Head of BPLHD. (3) Deadline for submission of written reminder referred to in paragraph (2) shallbe 7 x 24 hours effective asof the reminder letter is received. Article 15 (1) The penalty in the form oftemporaryterminationjseal Ingreferredto in Article 13paragraph (1) letter b shall be charged on: a. any person or entity receiving Summons Letterbut fails to fulfill his obligations; or b. that can fulfill the summons and makestatement of commitment to fulfill his obligationor to pay a fine but fails to do so; and c. drillingactivity and/or withdrawalof groundwater without permit. (2) penalty..... (2) Penaltyfor temporary termination or sealing referred to in paragraph (1) shall be charged by BPLHD after obtaining Instruction Letter to Temporarily Stop or seal .ing prepared by BPLHD signed bvthe'Head of BPLHD. (3) Deadline for temporary stop or sealing referred to in paragraph (2) on the next discipline shall be 7 x 24 hourseffective asof the letter is received. (4) Penaltychargefor temporary stop or sealing referred to in paragraph (2) shall be drawn up in Minutes of Field Review signed by the BPLHD officer appointed and the party chargedpenalty. Article 16 (1) Penaltyon pluggingand castingactivity referred to in Article 13 paragraph (1) letter c shall be chargedon; a. any person or entity receiving Summons Letter but failing to fulfill his/its obligationsor; b. any person responding and. making statement of commitment to fulfill his obligations or pay a fine but fails to realize it; c. drillingor gmungwater withdra'Nal activitythat has been instructed to be closed but fails to do so; d. drilling andgroundwaterwithdrawal activities which application thereof have been rejected; and e. application ofany person or entity on own request sincethe well is not used. (2) Penalty for closureor castingreferred to in paragraph (1) will be charged by BPLHD after receiving Instruc tion Letter for casting preparedby BPLHD and signed bythe Head of BPLHD. CHAPTER IX TRANSITIONAL PROVISION Article 17 By the time this Governor's Regulation comesto force: Business News 8060-8061/1-26-2011 26A a. Permits for ground water in Business center District issued prior to this Governor's Regulation comes to force, still survives until the validity thereof expires; b. any permit still in process for adjustmentwith the pro vision in this Governor's Regulation. CHAPTER X CLOSING PROVISION Article 18 ThisGovernor's Regulation takes effectonthedate iUs enacted. Forpubliccognizance, this Govemor's Regulation shallbe announced by placingit in the Regional Gazette of Jakartacapital City Special Region of Province. Stipulatedin Jakarta On June30,2010 GOVERNOR OFJAKARTA CAPITAL crrv OFSPEOAL, REGION OF PROVINCE , sgd. FAUZIBOWO Enacted in Jakarta OnJuly8, 2010 SECRETARY OFJAKARTA CAPITAL cnv OFSPECIAL REGION OF PROVINCE, sgd. MUHAYAT ID No. 050012362 REGIONAL GAZETTE OFJAKARTA CAPITAL 0lY OF SPEOAL REGION OFPROVINCE YEAR 2010 NUMBER 134 ===(MA)===