Regulation of the Minister of Living Environment No. 18/2009 on the procedure for permits for the management of hazardous and toxic waste

14A PROCI;DURE FOR PERMITS FOR MANAGEMENT OF HAZARDOUS AND TOXIC WASTE (Regulation of the Minister of Living Environment Number 18 Year 2009, dated May 22, 2009) STATEMlNJSl'BtOFLlVJNGENVJRONMENT, Considering: a. that to Implement the provision in Artide 40 paragraph (1) lettera and paragraph (2) ofGov ernment Regulation Number 18 Year 1999con cerning Management of Hazardous and Toxic Waste, it is necessary to stipulate Regulation of thestateMinisterofUving EnvironmentClOI1CeI11 ing Pnlcedure for Permits for Management of Hazardousand Toxic Waste; b. thatDecision of the Head ofEnvironmental 1m pact Control Agency Number: Kep-68/Bapedal/ 05/1994 (BN No. 5798 pgs.3B-4B) concerning Pnlcedure for obtaining Ucense for Final Stor age, Collection, Operation ofProcessing Equip ment, Processing and Piling of Hazardous and Tonix Waste is no longer justified with the de veloping condition; c. that based on the consideration referred to in letters a and b, it is necessasary to stipUlate Regulation of the state Ministerof Uving Envi ronment concerning Proced'ure for Permits for Managementof HazardousandToxic Waste; Business News 8028-8029/11.1G-2010 In view of: 1. Law Number 23 Year 1997 (BNNo. 6092pages ~9A-2L4andsofolth)concerning Management of Uving Environment (statute Book of the Re publicoflndonesla Year1997Number 68, SUpple ment to statute Book of the Republic oflndone sia Number3699); :z. Law Number 32 Year 2004 (BN No. 7~83pages L4-~L4andso fortfJ)conceming Regional Gov ernment (statute Bookof the RepUblic ofIndo nesia Year 2004 Number 125, Supplement to statute Bookof the Republic oflndonesla Num ber 4437) as amended several times and lately amended by Law Number 12Year 2008 (BN No. 7661 pgs.. 11B-18B and so forth) concerning second Amendment to Law Number32 Year 2004 concerning Regional Government (statute Book ofthe Republic ofIndonesia Year 2008 Number 59, SUpplement to statute Bookof the Republic ofln~neslaNumber~t 3. GovemmentReguiation Number 18 Year 1999 (BN No. 6427pagesL4-6A andso forth) concerning Management of Hazardous and Toxic Waste (statute Book of the Republic oflndonesia Year 1999 Number31, Supplement to statute Bookof the RepUblic of Indonesia Number 3815) as 15A amended several times and lately amended by Government Regulation Number85 Year 1999 (Biv No. 6442.pages2A-6A andso fatfh)concerning Amendment to Government Regulation Number 18 Year 1999 concerning Management of Haz ardous and Toxic Waste (Statute Book of the Republic of Indonesia Year 1999 Number 190, Supplement to Statute Book of the Republic of Indonesia Number 3910)i 4. Government Regulation Number27 Year1999 (BN No. 6442pages 2.0A-2.2A)concerning Analysis on Uving Environmental Impact (Statute Bookof the RepublicofIndonesia Number59, SUpplement tDStatuteBookofthe Republic ofIndonesia Num ber3838)i 5. Government Regulation Number 38 Year 2007 concerning Distribution of Regional Affairs be tween the Government. Regional Governmentof Province and Regional GovernmentofRegency/ Municipality of Regency/Municipality (Statute Bookofthe RepublicofIndonesiaYear 2007 Num ber 82, Supplement to Statute Book of the Re publicofIndonesia Number4737)i 6. Regulation of the President of the Republic of Indonesia Number 9 Year 2005 (BN No. 72.84 pages2A-23A andso faith) concerning Capac ity, Duty, Function Organizational Structure and Work Procedure of the State Ministry of the Re public of Indonesia as amended several times andlately amended by Regulation ofthe Presi BusinessNews 8028-8029/11-10-2010 dent of the Republic of Indonesia Number 94 Year2006i DECIDES: To stipulate: REGlA.AlIONOFSTATEMINISTEROFLIVINGENVIRON MENTONTHEPROCEDUREOFPERMITSFORMANAGE MENTOFHAZARDOUSANDTOXICWASTE. Artide 1 What is meant in this Regulation of the Min ister by: 1. hazardous andtDxic waste, hereinafter referred tD as B3 waste shall be remnants of business activities and/or activities containing hazard ous and/or tDxic material which due to its na ture and/or concentration and/or volume, ei ther directly or indirectly may pollute and/or damage the living environment. and/or may endanger living environment. and/or may en danger living environment. health, lifespan of human and/or other living creature. z, Management of B3 waste shall be a series of activities covering reduction, storage, collection, transportation, utilization, processing, and pil ing up ofB3 waste. 3. Utilization ofB3 waste as the main activity shall be business activity using B3 waste as main material in actiVity processing that produces product. 4. Producer...... 16A 4. Producer of B3 waste shall be the person which business and1oractivity is to prodooe B3 waste. 5. By-product Shall be any product from B3 waste utilization process still in the form of non-end product still used as basic material by industry and/or other activities thatcomplywith SNI, in ternational standard, or other recognized. 6. Ucense for B3 mangement hereinafter referred to as license shall be decision of the State ad ministrator containing approval to application for managementof B3 waste issued by the Min ister, Governor, or Regent/Mayor. 7. Applicant shall be business entity submitting application for license for B3 waste manage ment. S. B3 waste processing business entity shall be business entity exercising B3 waste manage mentasthe main business activity and/or man agement of B3 waste originating not from its own activities and in the notary deed of estab lishment of business entity it states B3 waste management field or sub-field. 9. National scale collection shall be activity in col lecting B3 waste originating from two(2} or more provinces. 10. Provincial scale collection shall be B3 waste col lecting activity originating from two (2) or more regency1municipality. 11. Regency/Municipality scale collection shall be collecting activity of B3 waste originating from one regency Imunicipality. Business News 8028-8029/11-10-2010 12. Recommendation shall be certificate constitut ing the basis for issuing license for business andl or activity. 13. Deputy Minister shall be Echelon I Official ofthe State Ministry functioning to formulate policy and coordinate implementation of the policy and on the management of hazardous and toxic waste. 14. Minister shall be Minister exercising administra tion affairs in the management of living envi ronment. Article 2 (1) Type of B3 waste management activity must be supported by license for the following activities: a. transportation; b. temporary storage; c. collection; d. utilization; e. processing; and f. piling up. (2) B3 waste producer may notcarry out B3 waste collection as referred to in paragraph (1) letter Co (3) The collecting activity referred to in paragraph (1) letter c may only be granted license if: a. technology for B3 waste utilization is availalbe; and I or b. holds cooperation work contract with the B3 waste processing party and lor piling up party. (41 The..... 17A (4) The cooperation contract referred to in para- authority after obtaining recommendation from graph (3) letter b shall be obliged to state the the Minister. responsibility of the respective party in the (5) B3 waste utilization activity referred to in Ar event of pollution to the living environment. ticle 2 paragraph (5) letter b must have license (5) The utilization activity referred to in paragraph from the Minister. (1) letter d may be in the form of: (6) B3 waste processing activity referred to in Ar a. main activity; or ticle 2 paragraph (1) letter e and letter f must b. not main activity.. have license from the Minister. Article 3 Article 4 (1) B3 waste transporting activity referred to in (1) The application for recommendation from the Article 2 paragraph (1) lettera ,ist have license Minister referred to in Article 3 paragraph (1) from the Minister handling matters on commu- must comply with the requirements set forth in nication after obtaining recommendation from Attachment I that constitutes inseparable part the Minister. ofthis RegUlation ofthe Minister. (2) Temporary storage activityofB3 waste referred (2) B3 waste transportation may be permitted only to in Article 2 paragraph (1) letter b must have if the producer has conducted the the coopera license from the Regent/Mayor. tion work contract with the B3 waste utilizing, (3) B3 waste collecting activitye referred to in Ar- processing and/or collecting company. tide 2 paragraph (1) letter c must have license from: Article 5 a. the Minister for B3 waste collection of na- (1) B3 waste management that requires trial test tional scale after obtaining recommendation of the tools, processing installation, method of from the Governor; processing, and/or utilization must first obtain b.: Governor for B3 waste collection ofprovince trial test approval from the Minister. scale; (2) The authority to issue approval for trial test c. Regent/Mayor for 83 waste collection of re- referred to in paragraph (1) is delegated to the gent/mayor scale Deputy Minister. (4) B3 waste utilization activity referred to in Ar- (3) Implementation of trial test referred to in para tide 2 paragraph (5) lettera must have license graph (1) must be witnessed by the staff of the from the relevant agency according to his/her state Ministry of living Environment. Business News8028-8029/11-10-2010 Article 6..... 1M Article 6 (1) The business andlor activity usingpnMlud:andl or by-product produced by the business andl oractivity on B3 waste utilization is notobliged to have license. (2) Ther product referred to in peragr;.ph (1) must have passed producing process and comply with the Indonesian National Standard (SNI), inter MtionaIstandard, orotherstandard recognized nationally or internationally. Article 7 The authority to issue recommendation re ferred to in Article 3 paragraph (1) and dan para graph (4) and license referred to in Article 3 para graph (5) may be delegated to the Deputy Minis ter. Article 8 (1) Any company which main activity is B3 waste managementandlorprocessing notoriginating from own activity musthave insurance on living environment against or resulting from B3 waste management. (2) Umitofinsuranceaa:ountablility/responsibility referred to in paragraph (1) is fixed minimum RpS.OOO.OOO. 000,00 (five billion Rupiahs). Article 9 (1) Anycompany which main activity is management of B3 waste andlpr processing B3 waste not originating from its own activity musthave: Business News 8028-8029/11-10-2010 •• iIIUIlyzing laboratory or analyzing device for 83 wQte at the location of activity; and; b. educaI:ed personnel in the field ofanaylysand managementofB3 waste. (2) The provision referred to in paragraph (1) is exempted from 83 waste transporting activity referred to in Article 2 paragraph (1) lettera. Article 10 (1) The applicantshaD submitapplication for license for management of B3 waste to the Minister, Governor, or Regent/Mayor according to their respective authority. (2) The application for license referred to in para graph (1) shall be submitted by filling in the ap plication form for license for managementofB3 waste as set forth in Attachment II constitut ing inseparable part of this Regulation of the Minister. (3) The application for license referred to in para graph (1) must comply with the requirements at least as set forth in Attachment III consti tuting inseparable partofthis Regulation ofthe Minister. (4) The application for trial test for managementof B3 as referred to in Article 4 must comply with the requirementsat leastas stated in paragraph (3) using the application form for trial test of managementof B3 waste as set forth in Attach ment IV that constitutes inseparablepart of this Regulation oftheMinister. ArticJ!e 11.... 19A Artide11 The decision referred to in Article 10 shall be pI'OClessed in phases: a. administrative evaluation shall be evaluation on the completeness ofadministrative requirement submitted by the applicant referred to in Ar tide 10; b. tedmical verification namely evaluation on jus tification of the requirements submitted by the application referred to in Artide 10 paragraph (3) based on real condition at the location of activity supported by Minutes; c. stipulation of requirements and technical provi sion stated on the license to be issued; and d. final decision for granting license by the Minis ter. Artide12 (1) The decision on application for license referred to in Article 11 letter d may be in the form of approval or rejection. (2) The license issued mustcomplywith the require ment referred to in Article 11 letter a and let ter b. (3) Rejection to license referred to in paragraph (1) must be supported by reason for rejection. (4) The authority to reject license referred to in paragraph (1) may be delegated to the Deputy Minister. Business News8028-8029/11-1o-2010 Artide13 (1) The decision for license referred to in Article 11 shall be issued within 45 (forty-five) working days as of the date the complete application for liseense is received. (2) Ifthe application for license referred to in para graph (1) is incomplete or fails to comply with the requirements, the application letter for li cense shall be returned to the applicant. Artide14 (:\.)The license referred to in Article 11 letterd shall be in the form of Decision of the Minister. (2) The decision of the Minister referred to in para graph (1) shall at least state: a. identity of the company covering the name of the company, the address, field of busi ness, and the person in charge; b. type ofmanagementof 83 waste; Co location/area of 83 waste management ae tiVity; d. type and characteristic of the B3 waste; e. obligation to be fulfilled; f. equirement as indicator in carrying out the obligation; g. validity ofthe license; h. system ofsupervision; and L reporting system. (3) Validity...... lOA (3) Validity of license is five (5) years and may be extended. Article 15 (1) Application for license extension shall be sub mitted to the Minister, Governor, or Regentl Mayor within two (2) months prior to expiry of vaUdity. (2) The application for license extension referred to in paragraph (1) shall use application form for extension of license as set forth in Attachment V that constitutes inseparable part of this Regu lation of the Minister. Article 16 Ifchanges take place on the type, charac teristic, volume, and/or method ofmanagmeent of 83 waste, the applicant shall be obliged to submit application for new license. Article 17 tl) The Minister, Governor, and/or Regent/Mayor shall exercise supervision on the license imple mentation system for management of 83 ac cording to their respective authority. (2) The supervision referred to in paragraph (1) conducted by the Environmental Supervision Officer (PPLH) and 1or Officer Supervisor Re gional Environment(PPLHD). Article 18 With the enforcement of this regulation, 83 waste transport, collection, utilization, processing BusinessNews 8028-8029/11-10-2010 and hoarding business and/oractivity as the main activity and/or treatment of 83 waste being not direct activity already securing license shall be ad justed to the provisions of Articles 8 and 9 para graph (1) in no later than 6 (six) months. Article 19 With the enforcement of this regulation, Decision of the Head of the Environmental Impact Controlling Agency Number Kep-68/BAPEDAL/051 1994 on Procedures for securing License to Store, Collect, Operate Final Treatment and Collection In strument of Hazarduous and Toxic Waste shall be revoked and declared null and void. Article 20 This regulation shall come into force as from the date of stipulation. StipUlated in Jakarta On May 22, 2009 THESTATE MINISTER FORENVIRONMENTALAFFAIRS sgd RACHMATWlTOELAR catatan Redaksi : Due to technical reason no Attachment is at tached herein. ===( MA )===