Regulation of the State Minister of Living Environment No. 1/2010 on water pollution control system

15A WATERPOLLUTIONCONTROL SYSTEM (Regulation of the State Minister of Living Environment Number 01 Year 2010, dated January 14, 2010) srAlEMINlSTEROFLlVINGENVIRONMENT, COl1sidering: a. that water is one the natural rereresource that has very important function to living and to hu man life as well as to other living creature, so that its quality must be maintained in the inter est of the present generation and the genera tion to come as well as for balanced ecosystem; b. that to maintain water quality for the purpose of fulfilling the need of the present generation and the generation to come, it is necessary to to endeavor water pollution control and water quality management; c. that based on the provision in Article 9 of Gov ernment Regulation Number 38 Year 2007 con cerning Distribution ofAdministration Affairs be tween the Government" Regional Government of Province, and Regional Government ofRegency/ Municipality, obligatory administration referred to in water pollution control must be must imple mented according to the norms, standard, pro cedure, and criteria stipulated by the Minister implementing administration affairs in the pro tection and management of liVing environment; .d. that based on the consideration referred to in letters a, band c, it is necessary to stipulate Business News 8019-8020/10-20-2010 Regulation of the State Minister of Living Envi ronment concerning Water Pollution Control Sys tem; In view of: 1. Law Number 7 Year 2004 (BN No. 7077 pages 16A-32A and so forth) concerning Water Re sources (Statute Book of the RepUblic ofIndo nesia Year 2004 Number 32, Supplement to Stat ute Book of the Republic of Indonesia Number 4377); 2 law Number 32 Year 2004 (BN No. 7183pages 1A-11A andso Forth) concerning Regional Gov ernment (Statute Book of the Republic of Indo nesia Year 2004 Number 125, Supplement to Statute Book of the Republic of Indonesia Num ber 4437) as amended several times and lately amended by Law Number 12 Year 2008 (BNNo. 7676pages26A-32A andso forth) (Statute Book of the Republic ofIndonesia Year 2008 Number 59, Supplementto Statute Book of the RepUblic ofIndonesia Number 4844); 3. law Number 26 Year 2007 (BN No. 7599pages 10A-30A and so Forth) concerning Space lay out (Statute Book of the Republic of Indonesia Year 2007 Number 68, Supplement to Statute BookoftheR.epublic ofIndonesia NUMbl!r 4725): 4. law...... 16A 4. Law Number 32 Year 2009 (BNNo. 7933pages llA-27A andso forth) concerning Environmen tal Protection and Management (Statute Book of the Republic of Indonesia Year 2009 Number 140, Supplement to Statute Book of the Repub lic ofIndonesia Number 5059); 5. Government Regulation Number 82 Year 2001 concerning Water Quality Management and Wa ter Pollution Control (Statute Book of the Re public of Indonesia Year 2001 Number 153, Supplement to Statute Book of the Republic of Indonesia Number 4161); 6. Government Regulation Number 38 Year 2007 concerning Distribution ofAdministration Affairs between the Government, Regional Administra tion of Province and Regional Administration of Regency/Municipality (Statute Book of the Re public ofIndonesia Year 2007 Number82, SUpple ment to Statute Book of the Republic of Indone sia Number 4737); 7. Government Regulation Number 42 Year 2008 (BN No. 7863pages16A-33A andso forth) concern ing Water Rereresource (Statute Book of the Re publicofIndonesia Year 2008 Number82, SUpple ment to Statute Bookof the Republic of Indone sia Number 4858); 8. Presidential Regulation Number9 Year 2005 (RN No. 7184pages ZA-23A andso tortn} concern ing Capacity, Duty, Function, Organizational Structure and Work Procedure ofState Ministry Business News 8019-8020{10-20-2010 of Republic of Indonesia as amended several times and latelv amended bVPresidential Regu lation Number 20 Year 2008; DECIDES: To stipUlate: REGULATION OFl'HESTATEMINlSTEROFlIVING EN VIRONMENTONWATERPOU.t.1I1OI\ICONTROl.~ CHAPTERI GENERAL PROVISION Artide1 What is meant in this Regulation ofthe Min ister by: 1. Water shall be all water eXisting on the soil and soil subsurface, except for sea water and fossil water. 2. Water reresource shall be water media eXisting on the soil and soil subsurface, induding in the perception ofaquifer, water spring, river, marsh, lake, water reservoir, dam, and estuary. 3. Water resource cross regency/municipalityshall be water resource crossing one of the regency/ municipality and{or located at the border of re gency/municipality in one province. 4. Water resource cross prOVince shall be water resource crossing more than one provinces and{or located at the border of inter-provinces. 5. Water resource cross country shall be water re source crossing and/or bordering other country. 6. water..... 17A 6. Water quality shall be condition of water qual ity measured and/or tested based on certain parameters and certain methods based on the statutory regulation. 7. Target of water quality shall be water quality planned to be achieved within a certain period oftime through implementation ofwor1c. program in the context of water pollution control. S. Standard Water Qualty shall be measurement limit or content of liVing creature, substance, energy, or component existing or must exist and/or polluting element whichexistence in the water is under consideration. 9. Status of water quality shall be level of water condition indicating pollution or good condition either in any water resource in a certain period by comparing the standard of water quality or the grade of water specified. 10. Trophical status shall be condition of lake and dam water quality classified based on the sta tus of eutrophication process caused by exist ence of increased nutritious element in the wa ter. 11. Water pollution shall be incoming or outgoing liv ing creature, SUbstance, energy, and Ior other components into the water by human activities so as to exceed the specified standard ofwaste water quality. t2. Inventory of resource ofwaterpollution shall be traddng, data colleding and recoJ'dlng activities '8U5lnessNews8019-8020/1O-2o-2010 on all activities that potentially cause waste water entering into the water resource. 13. Identification ofpollution in water resource shall be study, determination activities and/or char acteristics of impactof the respective pollution to water resource resulting from inventory ac tivity. 14. Water pollution cost shall be the volume ofany polluting element contained in the water or waste water. 15. Accomodating power of water pollution load shall be water capability of the water resource to accommodate incoming pollution load with out causing the water to be polluted. 16. Waste water shall be the remnants from busi ness products and/or activities in liqUid form. 17. Standard water quality shall be limitofmeasure ment or pollutant content input into the water media under consideration. 18. Management of water quality shall be effort of water maintenance so as to achieve the desired water quality according to its allocation in or der to guarantee the water quality in its natu ral condition. 19. Water pollution control shall be effort to pre ventand control water pollution and waterqual ity recovery in order to guarantee water qual ity according to the standard water quality. 20. Utilization of waste water for soil application shall be utilization ofwaste water from any type ofbusiness..... 18A of business and/or activity, which at a certain condition still contain elements that may be uti lized, as substitute to fertilizer and soil sprin kling on plants cultivated soil. 21. Analysis of living environmental impact, herein after referred to as Amdal, shall be study on important impact of any business and/or activ ity planned on the living environment required for making decision process in carrying outbusi ness and/or activity. 22. Effortof living environmental management and effort of living environmental monitoring, here inafter referred to as UKL-UPL.shall be manage ment and monitoring of living environment re quired for making decision process on carrying, out business and/or activity. 23. Regional administration shall be implementation ofadministration affairs by regional government and the DPRD based on autonomy and duty in providing assistance with extensive autonomous principles in the system and principleofthe Uni tary State of the RepUblic Indonesia as referred to in the 1945 Constitution of the State of the Republic oflndonesia. 24. Regional government shall be the Governor, Re gent. or Mayor, and the regional instruments as operating elements ofregional administration. 25. Minister shall be ministr exercising administra tion affairs in the protection and management ofUle living environment. BusinessNews 8019-8020/10-20-2010 Artide2 This RegUlation of the Minister is meant to to provide guideline for the Govemmentand regional administration in exercising water pollution control. Article 3 The scope governed in this Regulation of the Minister covers: a. inventory and identification of water pollution resource; b. determination ofaccommodating power of wa ter pollution load; c. determination of standard waste water qual ity; d. determination ofwater pollution control policy; e. permits; f. water quality monitoring; g. management and supervision; and h. provision of information. CHAPTERn INVENTORYANDIDENTIFICAlION OFWATERPOLLUlIONRESOURCE Article 4 (I) The Regent/Mayor shall conduct inventory on water pollution resource based on regency/mu nidpality scale. (2) Based on the result of inventory referred to in paragraph (I), the Regent/Mayor shall conduct wilter pollution lUOurte identifitiltion. C31The...... 19A (3) The Regent/Mayor shall submitthe result of in ventory and identification referred to in para graph (2) to the Governor with copy to the Min ister at least once a year. Article 5 (1) Based on the result of inventory and identifica tion referred to in Article 4 paragraph (3), the Governor shall prepare recapitulation and analy sis on the resource of water pollution. (2) The Governor shall submit the result of reca pitulation and analysis referred to in paragraph (1) to the Minister at least once a year. Article 6 The Minister, Governor, or Regent/Mayor based on their respective authority shall up-date the data resulting from the inventory, identifica tion, recapitulation and analysis of the resource of water pollution as referred to in Article 4 and Ar ticle 5 at least once a year. Article 7 The inventory, identification, recapitulation, and analysis on the resource of water pollution re ferred to in Article 4 and Article 5 shall be conducted based on the guideline for inventory and identifica tion on the resource of water pollution as specified in Attachment I that constitutes inseparable part ofthis RegUlation ofthe Minister.. Business News 8019-8020/10-20-2010 CHAPTERm DETERMINAl Wi'! OFACCOJlili'iOOATING POWERfOR WATERPOLLUTION LOAD Article 8 (1) The accommodating power for water pollution load in water resource shall be stipulated by: a. the Minister for river, estuary, lake, dam, and/ or water reservoir crossing province and/or crossing country; b. the Governor for river, estuary, lake, dam, and/or water reservoir crossing regency/ municipality; and c. the Regent/Mayor for river, estuary, lake, dam, and/or water reservoir existing within regency/municipality area. (2) Determination of accommodating power for water pollution load referred to in paragraph (1) must take into account: a. the condition of hydrology and morphology of water resource including the status of quality and/or status of water resource trophic determined by the accommodating powerof its pollution; b. the standard water quality for river and es tuary; c. the standard water quality and criteria of the status of water trophic for water reservoir, lake and dam; and d. the pollution load of the respective resource of water pollution. (3) Determination..... 20A (3) Determination of accommodating power for water pollution load referred to in paragraph (1) must indicate the volume of contributed water pollution load from the respective re source of water pollution against the water re source. (4) Determination of accommodating power for water pollution load referred to in paragraph (1) shall be made in accordance with the statu tory regulation. Article 9 (1) The Minister, Governor, or Regent/Mayor based on their respective authority shall decide prior ity pn the water resource to be decided as ac commodating power for water pollution load. (2) The decision on the water resource priority to be determinedas accommodating power for wa ter pollution load referred to in paragraph (1) shall be based on: a. the status of water quality and/or status of water trophiC; b. resource of pollution from the result of in ventory and identification in water resource referred to in Article 4 and Article 5; and/or c. utilization ofstandard water for potable water. Article 10 (1) Determination of accommodating power for water pollution load in water resource referred Business News8019-8020/10-20-2010 to in Article 8 paragraph (1) letter a shall be used as the basis for: a. decision of location permit for business and/ or activity by the Regent/Mayor; b. decision for environmental permit relating to waster disload to water resource by the Re gent/Mayor; c. decision for standard waste water quality by the Minister and/or regional administration of Province; d. decision for national policy incontrolling wa~ ter pollution; e. structuring Space Layour Program of the Re gion; and f. decision on the target of water quality. (2) The decision for accommodating power for wa ter pollution load in water resource referred to in Article 8 paragraph (1) letter b shall be used as the basis for: a. decision of location permitfor business and/ or activity by the Regent/Mayor; b. decision for environmental permit relating to disload of waste water to water ",",ouree by the Regent/MaYQr; c. decision for standard water quality by re gional administration ofProvince; d. decision of provincial policy in controlling water pollutio; e. structuring space layout program of the re gion; and f. decision of the target of water quality. (3) Decision....... {3} Decision on accommodating power for water IJOllution load in water resource referred to in Article 8 paragraph {1} letter c shall be used as the basis for: a. decision for location permit for business and/ or activity by.the Regent/Mayor; b. decision for environmental permit relating to discharge of waste water to water resource bythe Regent/Mayor; Co decision for regency/muniapality policy in wa ter pollution control; d. structuring space layout program of region; and e. decision of the target of water quality. Artide 11 {1} Ifthe result ofanlysis on decision ofaccommo dating power for water pollution load indicates that application of stipulated standard waste water quality still fulfill the accommodating power for water pollution load, the Regent/ Mayor may use standard waste water quality as requirement for waste water quality in the environmental permit relating to discharge of waste water into the water resource. {2} If the result of analysis of the decision on ac commodating power for pollution load indicates that application of specified standard waste water quality that causes the accommodating power exceeds the water pollution load, the Business News 8019-8020/iO-20~2010 21A Regent/Mayor shall be obliged to determine waste water quality based on the result of de asion ofaccommodating powerfor pollution load as requirement for waste water quality in the environmental permit relating to discharge of waste water to water resource. Article 12 The Regent/Mayor shall be obliged to re ject application for location permit submitted by the person in charge ofbusiness and/oractivity ifbased on the result of analysis on decision of accommo dating power of water pollution load indicates that the business and/or activity location plan submit ted is a factor that causes the accommodating power exceeds the water poliution load. Article 13 Decision for location permit, environmental permit relating to discharge of waste water load to the water resource, and the policy on water pollU tion control policy referred to in Article 10 para graph {1} letters a, b, and c, paragraph {2} letters a, b, and d, and paragraph {3} letters a, b, d, shall be implemented in accordance with the guideline for application ofaccommodating power for water pol lution load as specified in Attachment II that con stitutes inseparable part of this Regulation of the Minister. Article 14...... 22A Article 14 (1) Decision on aa:ommodating powerofwater pol lution load referred to in Article 8 paragraph (1) shall be made periodically at least once in five (S)years. (2) Decision on accommodating power for water pollution load in water resource referred to in paragraph (1) must be made to adjust with the change to: a. the condition of hydrology and morphology of water resource; and b. the volume of load and type of water pollu tion resource. Article 15 (1) The Governor shall report the result ofdecision on accommodating power for pollution load to the Minister. (2) The Regent/Mayor shall report the result of decision on aa:ommodating power for pollution load to-the Governor with copy to the Minister. CHAPTERIV DECISION ONSTANDARDWATEWATER Article 16 (1) Regional administration ofProvince may decide: a. standardwastewaterqualityforbusinessand/ or activity with the same provision or stricter provision from the standard waste waterqual itystipulated bv the Minister, and/or Business News 8019-8020/10-20-2010 b. addition to the parameter other than the pa rameter ofstandard water quality stipUlated by the Minister with approval of the Minister; (2) The Governor shall submit proposal foradditional parameter referred to in paragraph (1) letter b to the Minister supported by the result of study. (3) The Minister may approve or reject the applica tion referred to in paragraph (1) letter b within 90 (ninety) working days as of receipt of the application with due observance of the sugges tion and consideration of the relevant technical agency. (4) Ifwithin the period referred to in paragraph (3) the Minister fails to make decision on the appli cation referred to in paragraph (1) letterb, the application shall be deemed approved. (5) Rejection to the application referred to in para graph (3) must be supported by reason for re jection. (6) The decision for standard waste water quality and/or addition to parameter referred to in paragraph (1) shall be made in aa:ordance with the guideline in the stipulated standard waste water quality as specified in Attachment III that constitutes inseparable partofthis Regulation ofthe Minister. CHAPTERV DECISION ONGUIDELINE FOR WATERPOL1.UTIONCONTROl Article 17 (1) The Minister shall stipulate guideline for water pollution control nationwide based on: a. recapitulation...... 23A a. recapitulation and anaylis on the result of in ventory and identification referred to in Ar ticle 5 paragraph (2); b. accommodating power for pollution load re ferred to in Article 8 paragraph (1) letter a; and c. target ofwater pollution. (2) The policy referred to in paragraph (1) shall be governed in RegUlation ofthe Minister. Article 18 (1) The Governor shall decide policy for water pol lution control provincial level based on: a. recapitulation and analysis on the result of inventory and idenfitication referred to in Article 5 paragraph (1); b. accommodating power for pollution load re ferred to in Article 8 paragraph (1) letter b; and c. target of water quality (2) The policy referred to in paragraph (1) shall be governed in Regulation ofthe Governor. Artide19 (1) The Regent/Mayor shall decide policy on water pollution control based on: a. the result of inventory and identification re ferred to In Article 4 paragraph (3); b. acmmmodatingpowerofpoUutIonloachefeiled tID in Artide 8 paragraph (1) letter c; and Co target of waterquality. (2) The policy referred to in paragraph (1) shall be governed in Regulation of the Regent/Mayor. Article 20 Decision ofpolicy on water pollution mntroI referred to In Article 17, Article 18, and Article 19 shall be in accordance with the guideline on struc turing policy for water pollution control as speci fied in Attachment IV that constitutes inseparable part of this Regulation of the Minister. Article 21 (1) The policy on water pollution control refeITed to in Article 17, Article 18, and Article 19 shall constitute inseparable unit of policy for water qualitymntrol. (2) The provision on policy for water quality man agement referred to in paragraph (1) shall be governed in Regulation of the Minister. CHAPTERVI PERMIIS PartOne Environmental Permit Relating tID Dischargeof Waste Water to Water Resource Paragraph 1 Ucensing Requirements Article 22 (1) Environmental permit relating to discharge of waste water to water resource shall be given inphilia; a. submission.•••••BBII~~•••"U"U.8019-8020/10-2o-2010 '24A a. submission ofapplication for permit; b. analysis and evaluation of the application for permit; and Co decision ofpermit. (2) SUbmission ofapplication for permit referred to in paragraph (1) letter a must comply with the requirements below: a. administration; and b. technical. Article 23 (1) The administration requirement referred to in Article 22 paragraph (2) letter a shall consists of: a. questionnaire form ofappliCation for permit; b. permit relating to business and/or activity; and Co documents relating to Amdal, UKL-UPL, or otherdocuments equivalent to the document concerned. (2) The technical requirement referred to in Article 22 paragraph (2) letter b shall consist of: a. effortofprevention of pollution, minimizing waste water, and efficient use ofenergy and resources that must be endeavored by the person in charge of business relating to waste water management; and b. study of waste water discharge impact on fish, animal and plantscultivation, and soil and waterquality, and health ofthe communiety, Business News 8019-8020/10-20-2010 (3) The application form referred to in paragraph (1) letter a shall at least contain the informa tion on: a. dentity of the applicant for permit; b. scope of waste water; c. source and characteristics of the waste wa ter; d. system for waste water management; e. volume, and quality of waste water; f. location of point of layout and discharge of waste water; g. tye type and capacity of product; h. type and volume of standard material used; i. result of monitoring of quality of water re source; and j. treatment of facilities and procedure for con trol of emergency situation. (5) The study on impact from waste water discharge referred to in paragraph (3) letter b may use the Amdal or UKL-UPL document if such docu ment contains the complete study on impact of waste water discharge. Article 24 (1) The Regent/Mayor shall stipulate requirements and procedure for permits on environment re lating to discharge of waste water into the wa ter resource. (2)The requirements and procedure for permits on environment relating todischarge ofwaste water...••. 25A water to water resource referred to in para graph (1) shall be governed in Regulation of the Regent/Mayor. (3) Regulation of the Regent/Mayor referred to in paragraph (2) shall at least contain: a. appointmentof agency in charge of permits processing; b. requirements for permits; Co PfOCedurefor permits; d. validity of the permit; and e. expiry ofthe permit. (4) Validity of the permit referred to in paragraph (3) Ietterd shall be five (5) yearS and is renew able. (5) Exipiry of the permit referred to in paragraph (3) letter e is caused by: a. expiry of the validity of the permit; b. revocation of the permit; or Co cancellation of the permit. (6) The permit referred to in paragraph (5) letter b shall be revoked according to the procedure for charge of administrative penalty as governed in the statutory regulation concerning Adminis trative Penalty. (7) Regulation of the Regent/Mayor referred to in paragraph (2) shall be structured in accordance with the guideline and procedure for permits as specified in Attachment V that constitutes in separable part of this Regul'!'tion of the Minis ter. Business News 8019-8020/10-20-2010 Part Two Environmental Permit Relating to UtIization of Waste Water into the Soil for Soil Application Paragraph 1 Requirements for Pemits Article 25 (1) Environmental permit relating to utilization of waste water into the soil for soil application shall be made in phases: a. SUbmission ofapplication for permit; b. analysisand evaluation ofapplication ofper mit; and c. decision ofpermit. (2) Submission ofapplication for permit referred to in paragraph (1) letter a must comply with the requirements below: a. administrative matter; and b. technical matter. Article 26 (1) The administrative matter referred to in Article 25 paragraph (2) letter a consists of: a. questionnaire form ofapplication for permits; b. other permits relating to business and/or ac tivity; and c. Amdai. UKL-UPL documetns or other docu ment equivalent to such document. (2) The technical requirement referred to in Article 25 paragraph (2) letter b is in the form of study on utilization of waste water on the soil which at leaH shall contrain information on: a. study...... 26A a. 'study on utilization of waste water to the soil for soil application for cultivation of fish, animal, and plants, soil quality and soil wa ter, and health of the community; b. study on potential impact from utilization of waste water to the soil for soil application for the purpose offish, animal and plants cul tivation, soil quality and soil water, and health Qfthe community; and c. effort for prevention of pollution, minimizing waste water, efficient use ofenergy and re sources conducted by business and/or ae tivity relating to waste water management including recovery program in the occulTlmce ofpollution. (3) Qustionnaire form for application for permits referred to in paragraph (1) lettera Shall at least contain information on: a. identity of the applicant for permit; b. type and capacity of real monthly produc tion; c. type and volume of standard material used; d. result of water resource quality monitoring; e. scope of waste water for which permit is re quested; f. resource and characteristic of waste water produced; g. type and characteristic of lie- watler uti Business News 8019-8020/10-20-2010 h. waste water management system to fulfil waste water quality to be utilized; i. Vblume and quality ofwaste water produced; j. VolUme and quality of waste water utilized; k. location, area land land and type of land used for studying waste water utilization; I. laction, area of land and type of soil on the land used for waste water utilization; and m method and frequency Of utilization at the. utilization location; n. type, location, point, time and,parameter for monitoring; o. treatment of fac;i1itiesand procedure for con trol in case ofemergency situation. (4) study on impact ofwaste water utilization into the soil for soil application as referred to in para graph (2) letter a may be taken from the Atndal or UKL-UPL document if the document com pletely contains study on impact of waste wa ter utilization into the soil. Article 27 Submission of application, analysis and evaluation and decision on environmental permit re lating to utilization of waste water into the soil for soil application shall be conducted in accordance with the procedure for environmental permit relat ing to utilization of waste water to the soil for soil application as specif".ed in Attachment V that con stitutes II. pMatilepartOf this Regulation Of the Millitlllr. Article 28...... 27A Artide28 (1) The Regent/Mayor shall stipulated requirements and procedure for environmental permits relat ing to utilization of waste water to the soil for soil application with due observance of the pro vision governed in this Regulation of the Minis ter. (2) The requirements and procedure for environ mental permits relating to utilization of waste water into the soil for soil application as referred to in paragraph (1) shall be governed in Regu lation ofthe Regent/Mayor. (3) Regulation of the Regent/Mayor referred to in paragraph (2) shall at least contain: a. appointment of agency responsible for per mits processing; b. requirements for permits; c. procedure for permits; d. obligation ofthe person in charge of the busi ness and/or acitivity in the utilization of waste water into the soil for soil application shall at least contain: 1. complianoe with the technical requirement stipuplated in the permit for utilization of waste water into the soil and for soil ap plication induding requirement for waste water quality being utilized; 2. preparation ofmonitoring well; 3. submission of the result of monitoring of waste water, soil water, soil, plants, fish, animal and health ofthetommunilyj ·BusinessNews 8019-8020/10-20-2010 4. submission of information containin9: a) method and frequency of monitoring; b) location and/or pointoNnonitoring; c) methode and frequency ofmonitoring; and d) location and type of soil being utilized. 5. submission of report on the resultofmoni toring to the Regent/Mayor at least once in six (6) months with copy to the Gover nor and Minister. e. prohibition to the person in charge ofthe busi ness and/or activity from utilizing waste water into the soil for soil application such as: 1. utilization of waste water to the soil for soil application in topsoil land; 2. utilization of waste water into the soil for soil application on land which permeability is greater than 15 em/hour; 3. utilization of waste water into the soil on land which penneability is lessthan 1,5 em/ hour; 4. utilization ofwaste water into the soil for soil application on land with a depth ofsoil water is less than 2 meters; 5. let run off water (run off) flow into the river; 6. dilute waste water being utilized; 7. discharge waste water into the soil offsite theIOtation 5petified forutilil:ationj 8. discharoe••~.. 28A S. discharge waste water to the river which waste water exceeds the standard qual ity of waste water in accordance with the provisions in the statutory regulation; and 9. other prohibitions shall be according to the need ofthe respective region concerned. f. vailidy of the permit; and g. expiry ofthe permit. (4) Regulation ofthe Regent/Mayor referred to in paragraph (2) shall be structured in accordance with the guideline and procedure for permits for utilization of waste water into the soil for soil application as specied in Attachment V to this Regulation of the Minister. Article 29 Environmental permits relating to utilization ofwaste water into the soil for soifapplication shall be implemented in accordance with the guideline and procedure of the permits as specified in At tathmentV. Part Three Public Information Article30 The Regent/Mayor shall be obliged to pro vide information to the community on: a. requirements and procedure for environmental permit relating to discharge of waste water to the water resource and permit for utilization of waste water into the soil for soil application; and b. status ofapplication for permit. Business News 8019-8020/10-20-2010 CHAPTERVII MONITORINGWATERQUAI.nY Article 31 (1) Water quality in water resource spgs.1 be moni tored by: a. the Minister for water resource cross prov ince and/or cross country; and b. the Regent/Mayor for water resource exist ing within regency/municipality region. (2) Monitoring water quality water resource exist ing within two (2) or more regency/ municipal ity regions in one province spgs.1 be coordinated by the Governor. (3) Water quality in water resource referred to in paragraphs (1) and (2) spgs.1 be monitored at least cnce.ln six (6) months. (4) Provision on mechanism and procedure for moni toring water quality in water resource referred to in paragraphs (1) through (3) spgs.1 be gov erned in Regulation ofthe Minister. CHAPTERVDI MANAGEMENTANDSUPERVIS[ON Part One Management Article 32 The Minister and/or Governor spgs.1 exer cise management upon the Regent/ Mayor against any violation referred tobelow: a. environmental..... 29A a. environmental permits relating to discharge of waste water into the water resource; and/or b. environmental permits relating to utilization of waste water into the soil for soil applic;ation. Artide33 (1) The Minister, Governor, or Regent/Mayor ac cording to their respective authority spgs.1 man age to improve compliance of the person in dtarge of business and/or activity in the man agement of water quality and water pollution conbol. (2) The management referred to in paragraph (1) covers: a. provision of information on the statutory regulation relating to water quality manage ment and water pollution control; b. motivate effort in applying technology on waste water management; Co motivate effort in minimizing waste for the purpose of efficiency in the use of resources; d. motivate effort in utilizing waste water; e. motivate effort in applying technology ac cording to developing science and teehnoloty; f. provision of training, formulate management forums dan/or technical consultation in con trolling water pollution; and/or g. applicationof incentive artd/ordisincentive .....ness News8019-llOaO/1o-20-2010 (3) Application of policy on incentive referred to in paragraph (2) letter g, among other things, spgs.1 cover: a. charge cheaper cost than the standard tar iff for dischargeof.~water; b; -mappredation; and/v c. announce the history of performance in nin ning business and/or activity to thecol1Ul1U" nity. (4) Application of policy on disincentive referred to in paragraph (2) letter g, among othe.rtl1b1gs, . . . j, spgs.Icover: a. charge higher cost.thaRthest;aRlIanttariff fOrdischarge of waste water; b. increase frequency of self'-n1onito'ri!l9i~ or c. announce the history of perl'ormaAce i& run ning business and/oractivitytntheaJmmU!1ity. Artide34 The Minister,Governor,orRegent/Mayorac cording to their respective authority spgS.1 provide management for small-scaleand medium-scale busi ness and/or activity, among other things, by: a. developing integrated facilities and infrastruc ture for waste water management; b. providing assistance in the form offac:ilitiesand infrastructure in the context of appHcation of mlninRing waste water, waste utilizatiori,.and erridentuse of resourresi 30A c. developing mechanism and sampling, and/or d. providing training, developing management f0 rums, and/or technical consultation in water pol lution control sector. Artide35 The Minister, Governor, orRegentJMayorac cording to their resp~iveauthority spgs.1 man age control ofwaste water pollution originating from household such as by: a. developing facilities and infrastructurefor waste water management; b. motivating the community to use septic tank in compliance with the requirements for sanitation; c. motivating the communityself-supportgroup in the management of waste water originating. . fromhouseholds; d. establishing community self-support group (KSM) and/or cadres pfthe community in man aging waste water originating from housholds; e. developing mechanism forsampling; f. providing information clarification and/orexer cising campaign on waste water management originating from households; and/or g. providing training, formulating management fo rums and/or technical consultation in the con trol of water pollution originating from house holds in water resource. Part Two Supervision Article 36 (1) The Minister spgs.1 exei:Clsesupervision on the arrangement of responsibility for the business Busine5SNews8019-8020/1O-20-2010 and/or activity over the statutory regulation on the management of water quality and con trol ofwater pollution and technical requirement for control of water pollution as set forth in the Amdal dOQlmentthat has been approved by the Minister. (2) The supervision referred to in paragraph (1) spgs.1 be exercised by the supervisory official of living environment. Artide37 (1) The Governor spgs.l exercise supervision over: a. thearrangementfortechnical requirement for water pollution control aset forth in the Amdal orUKL-UPLdoa.Imentthathas beenapproved or recommended by the Governor; and b. the provision ofenvironmental permit relat ing to discharge of waste water to water resource and environmental permit relating to utilization of waste water into the soil for soil application by Regent/Mayor. (2) The supervision referred to in paragraph (1) let ter a spgs.1 be exercised by supervisory official of living environmentofprovincial region. Article 38 (1) The Regent/Mayor spgs.l exercise supervision on arrangement of of the person in charge of business and/or activity on: a. the requirements set forth in environmental permit relating to discharge of waste water to water resource; b. the...... 31A b. the requirement set forth in the environmen tal permit relating to utilization of waste water into the soil for soil application; and c. the technical requirement for control ofwa ter pollution for business and/or activity set forth in the Amdal orUKL-UPL document that has been approved or recommended by the Regentl Mayor. (2) The supervision referred to in paragraph (1) spgs.l be conducted by the supervisory official of liVing environment or regency1municipality region. Article 39 (1) The Minister, Governor, or Regent/Mayor ac cording to their respective authority sP9s.l de cide the target and priority for the implementa tion of supervision referred to in Article 36 through Article 38. (2) The target and priority for implementation of supervision referred to in paragraph (1) con stitute part of the policy for control of water pollution In water resource as referred to in Article 21 paragraph (1). (3) The target and priority for implementation of supervision referred to in paragraph (1) spgs.1 be 'decided the same as the standard of mini mum service in living environment ofprovincial region and regency1municipality region as 90v erned in Regulation ofthe Minister. Business News 8019-8020/10-20-2010 Article 40 The supervision referred to in Article 36 through Article 39 spgs.l be conducted in accordance with the provision in the guideline for supervision of water pollution control as specified in Attach mentVI constituting inseparable part of this Regu lation of the Minister. CHAPTERIX PROVISlONOflNFORMATION Article 41 (1) The Minister, Governor or Regent/Mayor accord ing to their respective authority spgs.l provide infonnation in the fonn ofpublication to thecom munity concerning managementof water qual ity and control of water pollution. (2) The information referred to in paragraph (1) covers: a. information on the source ofpollutant based on the result of inventory; and b. information on water resource containing, among other things,: 1. maximum and minimum volume of water resource; 2. class of the water, status of the water quality and/or status of water trophic, and accommodating power for water pol lution load in water resource; 3. target of water quality and activity as well as achievement ofwater pollution control program in water resource; c.environment..... 32A c. environment permit relating to discharge of waste water and environmental permit re lating to waste water utilization into the soil; and d. statutory regulation relating to management of water quality and control of water pollu tion. (3) The Minister, Governor, or Regent/Mayor ac cording to their respective authority spgs.1up date the information referred to in paragraph (i) at least once a year. CHAPTERX FINANCE Article 42 (i) COst for implementation ofwater pollution con trol in water resource cross province and lor cross country border spgs.l be charged to the state Budget and Expenditure (APBN). (2) Cost for implementation'ofwater pollution con trol in water resource cross regency1municipal ity spgs.1 be charged to the Regional Budget and Expenditure (APBD) ofprovince. (3) Cost for implementation of water pollution con trol in water resource existing in regencyImu nicipality region spgs.1be charged to Regional Budget and Expenditure (APBD) of regencyImu nidpality. Business News 8019-8020/10-20-2010 CHAPTERXI ODSlNGPROVISJ:ON Article 43 By the time this Regulation of the Minister comes to force, Deds~on of the State Minister of Uving Environment Number 111Year 2003 concern ing Guideline On Terms and Procedure for Permits and Guideline for study on Discharge of Waste Wa ter into the Water or Water Resource as amended by Decision ofthe State Minister of Living Environ ment Number 142Year 2003 concerning Amendment to Decision of the State Minister of Living EnViron ment Number 111 Year 2003 concerning Guideline on the Terms and Procedure for Permits and Guide line for study of Discharge of Waste Water to Wa ter or Water Resource, is revoked and hereby de clared null and void. Article 44 This Regulation of the Minister takes effect on the date it is stipulated. stipulated in Jakarta On January 14, 2010 STATE MINISTEROFLlVINGENVIRONMENT, sgd. PROF. DR.IR. GUSTIMUHAMMADHATTA, MS ==={ MA )===