Regulation of the State Minister of Living Environment No. 30/2009 concerning the system of permits and supervision on management of hazardous waste material and supervision on recovery from the result of pollution by hazardous and toxic waste material by Regional Government

22A SYSTEM OF PERMITS AND SUPERVISION ON MANAGEMENT OF HAZARDOUS AND TOXIC WASTE MATERIAL AND SUPERVISION ON RECOVERY FROM THE RESULT OF POLLUTION BY HAZARDOUS AND TOXICWASTE MATERIAL BY REGIONAL GOVERNMENT (Regulation of the State Minister of Living Environment Number 30 Year 2009, dated August 5, 2009) STATEMlNJSlCROFlMNGENVIRONMENT, Considering: a. that based on the provision in Article 40 para graph (2) ofGovernmentRegulation Number 18 Year 1999 concerning Management of Hazard ous and Toxic Waste Material, procedure for ob taining permit for storage and collection ofhaz ardous and toxic waste material shall be stipu lated by the Minister in-charge ofadministration affairs on managementof living environment; b.that based on the provision in Article 64 para graph (1) ofGovernment Regulation Number 18 Year 1999 concerning Management of Hazard ous and Toxic Material, any person or business entity producing, collecting, transporting, pro cessing or piling up Hazardousand Toxic Waste Material either individuallyorproportionally shall be obliged to clean and/or recover the environ ment; c. that under Article 9 of Government Regulation Number38 Year 2007 concerning Distribution of Administration Affairs between the Government:. Regional Governmentof Regency/Municipality, implementation ofauthority on permits and su pervision on managementofhazardous and toxic BusinessNews 8024/10-29-2010 waste material and supervision on implementa tion of recovery from the result of pollution by hazardous and toxic waste material by regional government shall be conducted based on the norm, standard, procedure, and criteria stipu lated by the Minister; d. that based on the considertion referred to in let ters a, b, and c it is necessary to stipulate Regu lation ofthe State Ministerof Living Environment concerning Managementofhazardousand toxic waste material and supervision on recovery from the result of pollution by hazardous and toxic waste material by the Regional Government; In view of: 1. Law Number 23 Year 1997 (BNNo. 6092pages 19A-2:lA andso rorth}concerning Management of liVing Environment (Statute Book of the Re publicofIndonesia Year1997 Number 68, Supple ment to Statute Book of the Republic ofIndone sia Number 3699); 2. Law Number 32 Year 2004 (BN No. 7183pages :lA-1:lA andsoJi7ltf7)CXIncemingORegional Admin istration (Statute Book of the RepUblicof Indo nesiaYear2004Number 125, SUpplementto Stat ute Book of the Republic of Indonesia Number 4437..... 23A 4437} aslaletly amended by Law Number 12Year 2008 concerning Second Amendment to Law Number32 Year 2004 concerning Regioonal Ad ministration (statute Book ofthe Republic ofIn donesia Year 2008 .Number 59, Supplement to Statute Book of the Republic of Indonesia Num ber4844); 3. GovernmentRegulation Number 18 Year 1999 (BN No. 6427pages 1A-6A andso forth) concerning Managementof Hazardous and Toxic Waste Ma terial (Statute Bookof the Republic of Indonesia Year 1999 Number 31, Supplement to Statute Bookofthe Republic ofIndonesia Number 3815) asamended by Government Regulation Number 85 Year 1999 (BNNo. 6441pages2A-6A andso forth) concerning Amendment to Government Regulation Number 18 Year 1999 concerning Management ofHazardous and Toxic Waste Ma terial (statute Book ofthe RepubrlC of Indonesia Year 1999 Number 32, Supplement to Statute Book of the RepublicofIndonesia Number 3910); 4. Government Regulation Number 38 Year 2007 concerning Distribution ofAdministriltion Affairs between the Government, Regional Government of Province and Regional Administration of Re gency/Municipality Pembagian Urusan Pemerintahan Antara Pemerintah, Pemerintahan Daerah Provinsi (Statute Book ofthe Republic of Indonesia Year 2007 Number38, Supplement to statute Book of the Republic of Indonesia Num ber4737); 5. Presidential Regulation Number 9 Year 2005 (BN No. 7184 pages lA·23A andso forth) concern Business News8024/10-29-2010 ing Capacity, Duty, Function, Organizational Structure, and Work Procedure of the State Min istry of the of the Republic of Indonesia as amende several times and lately amended by Presidential Regulation Number 94 Year 2006; 6. Decision of the State Minister of Living Environ ment Number 07 Year 2001 concerning Supervi sory Official of liVing Environment and Supervi sory Official ofLiving Environment of the Region; 7. Decision of the state Minister of Living Environ ment Number58 Year 2002 concerning Work Pro cedure ofSupervisory Official of Living EnYiron mentof Province / Regency/Municipality; 8. Regulation of the state Minister of Living Envi ronment Number 18 Year 2009 concerning Pro cedure for Pemits for Management of Hazard ous and Toxic Waste Material; DECIDES: To stipulate: REGULATION OFTHE STATEMINISTER OF UVING ENVIROMENTCONCERNINGSYSTEM OFPERMrJSAND SUPERVISION ONMANAGEMENTOFHAZAROOUSAND TOXICWASTE MATERIALANDSUPERVISIONONRE COVERY FROMTHERESULT OFPOLLUTIONBYHAZ ARDOUS ANDTOXICWASTE MATERIALBYREGIONAL GOVERNMENT. CHAPTERI GENERALPROVISION Article 1 What is meant in this RegUlation of the Min ister by: 1. Hazardous...... 1. Hazardous and toxic waste material hereinaf ter referred to as 83 waste shall be the rem nants ofbusiness and/or activity operation con taining hazardous and/or toxic waste material Which due to its concentration and its volume, either directly or indirectly may pollute and/or damage living environment" and/or mayhazard ous to living environment" health, human lifespan and other living creature. 2. Management of B3 waste shall be activity cov ering reduction, storage, collection, transpor tation, and piling up 83 waste. 3. Storage of B3 waste shall be 83 waste storage activity conducted by the producer, COllector, user, processor and/or pilling up person of B3 waste for the purpose of temporary storage. 4. B3 collection shall be collecting activity ofB3 waste from the producer of 83 waste for the purpose of temporary storage before delivery to the user, processor, and!or piling up of B3 waste from the producer of 83 waste for the purpose of temporary storage before delivery to the user, processor, and/or piling up person ofB 3 waste. 5. Nation scale collection ofB3 waste shall be col lecting activity of 83 which location of collector and producer ofB3 waste is cross province and/ or the source of B3 waste comes from two (2) provinces or more. 6. Provincial scale collection of 83 waste shall be collecting activity of83 waste which location of collector of 83 waste is cross regency/munici pality andIorfrom 83 wastersourceoriginating Business News8024/1D-29-2010 24A from one (1) or more regency/municipality in one (1) province. 7. Regency/municipality scale collection of B3 waste shall be collecting activity of B3 waste from the producer of 83 waste which source is located in one (1) regency/municipality. 8. Recovery from the result of pollution by B3 waste shall be a series of activities in the clean ing and/ or recovery of quality of the living en vironment that has been polluted by B3 waste in order to justify with its allocation. 9. Recommendation shall be certificate constitut ing the basis ofconsideration to issue business and/or activity permit. 10. Minister shall be Minister exercising administra tion affaris in the management of living envi ronment. Article 2 (1) The scope governed in this Regulation of the Minister covers: a. permit5covering: 1. permit for temporary of B3 waste; and 2. permit for collection of 83 waste of pro vincial and regency/municipality scale. b. recommendation for permit for collection of 83 waste of national scale; c. supervision on B3 waste management; d. supervision on recovery from the result of pollution by 83 waste; and e. management. (2) The permit referred to iniJaragraph (1) lettera point2 shall notinclude lubrication oil/used oil. CHAJ>Jf:RU....· CHAPTERn PElbi4ITS Article 3 (1) Th~Governor shall be authorized to issue: a. pennit for B3 collection of provincial scale; and b. recommendation for permit for collection of B3 waste of national scale. (2) The Regent/Mayor shall be authorized to issue permit for temporary storage of B3 waste and collection of B3 waste of regency/municipality scale. Article 4 Business entity which main activity is col lecting B3 must have: a. analyzing laboratoryor analyzing instrument for B3 waste at the location of B3 waste collecting activity; and b. skilled workers in analyzing sector and manage mentof B3 waste. Article 5 (1) Any business exercising temporary storage ac tivity and/or collecting B3 waste shall be obliged to submit request for permit to: a. the Governor for permit for collecting B3 waste of Provincial scale; or b. the Regent/Mayor for permit for temporary storage and permit for collecting B3 waste of regency/municipality scale. (2) The application for permit for temporary stor age and/or collecting 83 waste referred to in Business News 8024/10-29-2010 25A paragraph (1) shall be submitted by the appli cant by filling-in and completing application for pennitand administration and technical require ment as specified in Attachments I and II that constitute inseparable part of this Regulation of the Minister. Article 6 Collection activity of B3 waste may be per mitted only if: a. the type of B3 waste may be utilized; and/or b. the B3 waste collecting business has entered into cooperation contract with the user, pro cessor and/or piling party of B3 waste that al ready have permit. Article 7 The decision referred to in Article 5 shall be processed in phases: a. administration evaluation such as complete ad ministration requirement submitted by the ap plicant referred to in Article 5; b. technical verification such as justification evalu ation between the requirements submitted by the applicant as referred to in Article 5 para graph (2) in real condition at the location ofac tivity in accordance with the work reference on report ofpermits verification as specified in At tachment III constituting inseparable part of this Regulation of the Minister supported by Minutes; c. stipulation of requirements and technical provi sion contained inthe permitto be issued; and d. decision . 26A d. decision for application for permit by the Gov ernor or Regent/Mayor. Article 8 (1) Decision for application for permit referred ton Article 7 letter d may be in the form of issue or rejection. (2) Permit shall be issued if the application for per mitfor temporary storage and/or collection of 83 waste complies with the administrative re quirement as referred to in Article 7. Article 9 (1) Decision for permit referred to in Article 8 shall be issued within 45 (forty-five) working days effective as of complete receipt of application letter for permit (2) Ifthe application for permit referred to in para graph (1) is not complete yet or fails to comply with the requirement, the application letter shall be returned to the applicant (3) Ifwithin the period referred to in paragraph (1) the Governor or Regent/Mayor fails to issue decision to the application for permit, the appli cation for permit shall be considered approved. Article 10 (1) The Governor or Regent/Mayor shall be obliged to submit the status of compliance with the ad ministration requirementfor application for per mit to the applicant within seven (7) working days as of the date the application for permit and administrative documentare received. BusinessNews 8024/10-29-2010 (2) The Governor or Regent/Mayor shall be obliged to submitthe statusofcompliancewith thetech· nical requirement to the applicant within seven (7) working days as ofthe dateof technical veri .fication is made. Article 11 (1) Decision in the form of issue ofpermit referred to in Article 8 paragraph (1) shall be issued in the form ofdecision of the Governor or decision ofthe Regent/Mayor. (2) The decision referred to in paragraph (1) shall be compied to: a. the Minister for decision ofthe Governor; or b. the Minister and Governor for decision of the Regent/Mayor. (3) The decision of the Governor or Regent/Mayor referred to in paragraph (2) letter b shall at least contain: a. identity of the business entity. covering the name ofbusiness entity, the field ofbusiness, the name of the person in-charge of activ ity; b. source of 83 waste; c. location/area of 83 waste management ac tivity; d. type and characteristic of 83 waste; e. obligations to be implemented, such as: 1. compliance with the type ob 83 waste stored / collected; 2. compliance with the storage and/or col lection requirement of 83 waste in accor dance with the statutory regulation; 3. compliance...... 3. compliance with the storage and/or col lection requirement according to the type and characteristic of the B3 waste; 4. prevention of spill of B3 waste; 5. recording of balance sheet of B3 waste; 6. compliance with the period of storage and/or collection ofB3 waste; and 7. submission .of report on the permits pro cessing for storage and/or collection of B3waste. f. supervisory system; and g. validity of the permit. (4) The balance sheetofB3 \'Iste referred to in para graph (3) letter e point 5 shall be recorded ac cording to the formatas specified in Attachment IV constitutuing inseparable part of this Regu ·Iation of the Minister. Article 12 The rejection to application for permit referred to in Article 8 paragraph (1): a. shall be made ifthe application for pennitfails to comply with administrative reqUirement and/or technical requirement as referred to in Artide 7; and b. ~II be issued in the form ofcertificate from the Governor or certificate of the Regent/ Mayor supported by reason for rejection. Article 13 (1) Permittor storage and/or collection ofB3 waste is valid for five (5) years and is extendable. (2) The application for permit extension referred to in paragraph (1) shall be submitted to the Business News8024/1Q-29-2010 27A Governor or Regent/Mayor within 60 (sixty) working days prior to expiry of the validity. (3) The application for permit extension referred to in paragraph (1) shall use the form as specified in Attachment V constituting inseparable part of this RegUlation to the Minister. (4) Permit extension shall be processed in accor dance with the provision referred to in Article 5, Article 6, and Article 7. Artide14 In the occurrence of change to the type, characteristic, and/or method for storage and col lection of B3 waste, new application must be sub mitted. ArtidelS (1) Permitforcollectlonand/orstorageofB3waste shall expire if: a. validity of the permit expires; or b. is revoked by the GOvernor or Regent/Mayor according to their respective authority. (2) The revocation referred to in paragraph (1) let ter b shall be exercised in the event of violation. to implementation ofB3 waste management as governed in the permit. (3) The revocation of permit referred to in para graph (1) letter b must be preceded by two (2) consecutive remincer letters within two (2) monthsperiod. Artide 16 (1) Implementation oftechnical verification ofper mits shall be conducted by verification team consisting..... consisting ofChairman of the Team and at least one (1) memberof the Team. (2) The Chairman of the Team refelTed to in para graph (1) must be the person that acts as SU pervisory OffiCial of Living Environment of the Region (PPLHD)that compileswith the require ments below: a. attended training in B3 waste managmeent; and/or b. has worked at least two (2) years on man agementof living environment. (3) Members of the Team referred to in paragraph (1) mustcomply with the requirements below: a. have attended training on managementofB3 waste; and/or b. have worked at least one (1) year on man agementof living environment. Article 17 (1) The Team referred to in Article 16 paragraph (1) shall be obliged to hold assignment letter. (2) The assignment letter referred to in paragraph (1) must be issued by the agency in charge of living environmental managementofprovilKleor regency/munidpality. CHAPTERm RECOrtttENDAlIONRJRPERMlTRJRCOUEClIONOF B3WASTE OFNATIONALSCALE Article 18 Anv business entity conducting collection of 83 waste of national scale must have permit from the Minister after obtaining recommendation for permitforcollection from the Governor. BusinessNews8024/10-29-2010 Article 19 (1) To obtain permit for collecting 83 waste ofna tional scale as referred to in Artide 18, any busi ness entity shall submit application for permit for collecting 83 waste of national scale to the Governor. (2) After receiving application for recommendation for permit referred to in paragraph (1) the Gov ernor shall be obliged to: a. evaluate fulfillment of administration com pleteness; b. conduct technical verification to scrutiny the authenticityofadministrative and technical requirements with the condition at the loca tion ofbusiness and/oractivity in accordalKle with work reference in the report on permit vedfication as specified in At:tad1mentm that constitutes inseparable part of this Regula tion pf the Minister supported by Minutes; and Co Issue decision for recommendation for per mit for collecting 83 waste ofnational scale. (3) The decision forrecommendation for permit re ferred to in paragraph (2) letter c: a. may be in the form of approval or rejection to application for recommendation for .per mit for collecting 83 waste of national scale; and b. is issued within 30 (thirty) working days as of receipt of the application for recommen dation for permit. (4) Ifwithin the period referred to in paragraph (3) letterb theGovernor fails toissue decision for recommenc!atior...... 29A recommendation for permit, then the applica tion for permit is deemed to have approved. (5) The approval for application for recommenda tion for permit referred to in paragraph (3) let ter a shall be issued in the form of certificate from the Governor in a format as specified in Attachment VI that constitutes inseparable part of this Regulation of the Minister. (6) The rejection to application for recommendation for permit for collecting B3 waste of national scale referred to in paragraph (3) letter a mllst be supported with reason for rejection. Article 20 (1) Verification of recommendation for permit for collecting B3 waste of national scale shall be conducted by the Verification Team. (2) The verification referred to in paragraph (1) shall be conducted by the Verification Team consist ing of the Chairman of the Team and at least one (1) member offhe Team. (3) The Chairman of the Team referred to in para graph (2) must be the person that acts as Su pervisory Official of Living Environment of the Region (PPLHD) that complieswith the require ments below: a. has attended training on management of B3 waste; and/or b. has worked for at least two (2) years on man agement of living environment. (4) Members of the Team referred to in paragraph (2) must comply with the requirements below: a. have attended training on managementof B3 waste; and/or Business News 8024/10-29-2010 b. have worked for at least one (2) year in the field ofmanagementof living environment. Article 21 The approval for recommendation for per mit for collecting B3 waste ofnational scale referred to in Article 19 is valid for one (1) time application for permit for collecting B3 waste ofnational scale. CHAPTERIV SUPERVISON ONMANAGEMENTOFB3WASTE ANDRECOVERY FROM B3WASTE POLLUTION Article 22 (1) The Governor shall be authorized to conduct supervision on managementof B3 waste and re covery from B3 waste pollution of proVincial scale. (2) The Regent/Mayor shall be authorized to con duct supervision on the implementation ofman agement of B3 waste and recovery from B3 waste pollution of regency/municipality scale. Article 23 (1) Supervision on the managementofB3 waste and recovery from B3 waste pollution shall be con ducted by the Supervisory Team. (2) The SUpervisory Team referred to in paragraph (1) consists of the Chairman and at least one (1) memberof the Team. (3) The Chairman of the Team referred to in para graph (2) must be SUpervisory Official of Living Environment of the Region that complies with the requirements below: a. has..... 30A a. has attended training on managementofB3 waste; and/or b. hMworked forat least two(2) years on man agemelltof livi"!tenvironment. (4) Members ofthe Team I eferred to in paragraph (2) mustcomply with the requirements: a. haveattended trainingon managementofB3 wasl:e; and/or b. have worked at least one (1) year on man agementof livingenvironment. Article 24 (1) The Supervisory Team referred to in Article 23 paragraph (1) in carrying out their duty shall be obliged to hold assignment letter. (2) The assignment letter referred to in paragraph (1) shall be issued by the head Of agency re sponsible in living environmental management of province or regency/municipality. Article 25 Provinciial PPLHDor Regency/Municipality PPLHD in carrying out the supervision referred to in Article 23 paragraph (1) shall beguided by method of supervisory in the management of B3 waste as specified in AttachmentVII and method ofsupervi sory in recovery from B3 pollution as specified in Attachment VIII that constitutes inseparable part of this Regulation of the Minister. Article 26 The PPLHD referred to in Article 23 para graph (1) is authorized: Business News 8024/10-29-2010 a. enter into the producing, storage, utilization, collection, processil1g and piling-up area of B3 waste and B3 waste polluted environmental area; b. take sample of B3 waste, B3 waste administra . tive document, and other samples; c. ask information relating to management of B3 waste and environmental recovery from B3 waste pollution; d. ,take photographs; and e. examine and prepilre report on the status of business entity on permits for B3 waste man agement. CHAPlERV MANAGEMJ;NT Article 27 (1) Management in implementation of permits and supervision of B3 waste and management of supervision of recovery from B3 waste pollution in provincial level shall be exercised by the Min ister. (2) Management in the implementation ofpermits and supervision on B3 wa!;te supervision on re covery from B3 waste pollution in regency/mu nicipality level shall be exercised by the Minis ter and/or Governor. CHAPl"ERVI FJNANCE Artide28 The fee for application for permit and rec ommendation referred to in Article 5 and Article 19 shall be..... itA shatl be charged to ffle applkantfor permitor rec ommendation. Article 29 The fee forexerchllng lIupetV1S1tJh referred to in Article 23 paragraph (1) shall be charged to: a. Regional Budgetand Expenditure (APBD) ofprov ince for supervisory in provincialleveli or b. Regional Budgetand Expenl:liture (A1»BD) of re gency/munidpality in regency/munidpality level. Artide30 The for manl!l'!lementreferred to'in Article 27shatt'be charged to: a. SMe9ltdget ilmI'eq1@lItIItffi!.~ltBR)~·than­ ageml!rit·exerclsed·by~1IHftI!ft.i!fi'tit Business News8024/10-29-2010 b. RegtonarBudgetand£xpenditure (APbD}ofprov inceformanagementexcercised by the Governor. CHAPlERVII Q.OSING Artide31 This Regulation of the Minister takes effect on the date it is stipulated. StIpulated in Jakarta On August 5, 21109 STATE MINISTEROFI1VING ENVIROHMENT, sgd. RACHMATWITOELAR Transac::tlon.....