Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Regulations 1978

ENVIRONMENTAL QUALITY (PRESCRIBED PREMISES) (RAW NATURAL RUBBER) REGULATIONS, 1978* In exercise of the powers conferred by section 51 of the Environmental Quality Act, 1974, the Minister, after consultation with the Environmental Quality Council, makes the following regulations: I. Citation and commencement. ( 1) These regulations may be cited as the Environmental Quality (Pre scribed Premises) (Raw Natural Rubber) Regulations, 1978. (2) Regulations 22, 23 and 24 shall come into force on the 1st December 1978 and all other regulations shall come into force on the 1st April 1979. 2. Interpretation. In these Regulations, unless the context otherwise requires "B.O.D." means biochemical oxygen demand, that is, the quantity of oxygen utilized, according to laboratory test, in the biochemical oxidation of the organic matter in effluent during a specified period, which for the purposes of these Regulations is three days, and at a specified temperature, which for the purposes of these Regulations is 30 degrees Centigrade; "B.O.D. concentration" means the intensity of the biochemical oxygen demand of effluent, measured by reference to the B.O.D. of a standard unit of volume of the effluent, such as a litre; thus effluent is said to have a B.O.D. concentration of, say, 5,000 milligrammes per litre, or 5,000 mg/I, if its oxygen-consuming potential is such that one litre of it will, according to labo ratory test, utilize, during a period of three days and at a temperature of 30 degrees Centigrade, 5,000 milligrammes of oxygen in the process of its bio chemical oxidation; "B.O.D. load" means the total amount of oxygen that, having regard to its B.O.D. concentration, a given amount of effluent can be expected to utiliie, during a period of three days and at a temperature of 30 degrees Centigrade, in the process of its biochemical oxidation; "effluent" means liquid waste or wastewater produced by reason of the production process taking place at prescribed premises; "licence" means a licence in respect of prescribed premises, as required by section 18 of the Act; "parameter" means any of the factors shown in the first column of the Second Schedule, or any other factors which the Director-General may specify • PtJblished as P.U (A) 338/1978. Came into force on 1.4.1979. 85 in the licence, by reference to which the polluting potential of effluent is determined; "prescribed premises" means any premises prescribed by the Environ mental Quality (Prescribed Premises) (Raw Natural Rubber) Order, 1978, being premises occupied or used for the production or processing of (a) raw natural rubber in technically specified form, latex form includ ing prevulcanised or the form of modified and special purpose rubber;and (b) conventional sheet, skim, crepe or any other form of raw rubber not already described in quantities of 5 tonnes or more per day or with a production or processing capacity of a similar quantity; "watercourse" includes any reservoir, lake, river, stream, canal, drain, spring, or well, any part of the sea abutting on the foreshore, and any other body of natural or artificial surface or subsurface water. 3. Periods for purposes of section 18 (2) (a) and (c). In connexion with the making of application for a licence {1) the period ending on the 31st January 1979 is prescribed for the purposes of section 18 (2) (a) of the Act; and (2) the period of fourteen days after a person became the occupier of prescribed premises is prescribed for the purposes of section 18 (2) (c) of the Act. 4. Continuance of existing conditions and restrictions in case of change in occupancy. (I) Where a person becomes the occupier of prescribed premises in succes sion to another person who holds a yet unexpired licence in respect of the prescribed premises, then (a) for a period bf fourteen days after the change in occupancy; or (b) where the new occupier makes application within that period for the transfer to him, of the licence, for the period from the change in occupancy until final determination of his application, the conditions and restrictions of the licence shall be binding on the new occupier and shall be observed by him, notwithstanding that he is not yet the holder of the licence or that the licence may, during the period specified in sub-paragraph (a) or (b), as the case may be, have expired. (2) Paragraph (I) shall not apply when the new occupier becomes the holder of a licence issued in respect of the prescribed premises. S. Reporting changes in information furnished for purposes of application. An applicant for a licence or for the renewal or transfer of a licence shall, 86 within seven days of the occurrence of any material change in any informa tion furnished in his application under section 11 (I) or (2) of the Act, give the Director-General a report in writing of the change. 6. Making changes that alter quality of effluent. (I) An occupier of prescribed premises in respect of which a licence is issued shall not make, or cause or permit to be made, any change to the pre scribed premises or in the manner of running, using, maintaining, or opera ting the prescribed premises or in any operation or process carried on at the prescribed premises which change, causes, or is intended or is likely to cause, a material deterioration in the quality characteristics, or a material increase in the quantity, of effluent discharged from the prescribed premises, unless the Director-General has granted to the occupier prior written approval for the change. (2) For the purposes of paragraph (I), changes to prescribed premises include (a) any change in the construction, structure, or arrangement of the prescribed premises or any building serving the prescribed premises; (b) any change in the construction, structure, arrangement, alignment, direction, or condition of any channelling device, system, or faci lity serving the prescribed premises; and (c) any change of, to, or in any plant, machine, or equipment used or installed at the prescribed premises. 7. Duty of occupier to provide assistance for action under section 38. Every occupier of prescribed premises shall provide the Director-General or any officer duly authorized in writing by him every reasonable assistance or facility available at the prescribed premises, including labour, equipment, appliances, and instruments, that he may require for the purposes of taking any action under section 38 of the Act in respect of the prescribed premises. 8. Dilution of effluent. No person shall dilute, or cause or permit to be diluted, any effluent, whether raw or treated, at any time or point after it is produced at any pre scribed premises unless the Director-General has granted such person prior written authorization for the dilution and the dilution is done according to the terms and conditions of the authorization. 9. Display of licence. Every occupier of prescribed premises shall disp;ay his licence, together with every document forming part of the licence, in a conspicuous position in the principal building of the prescribed premises. 87 10. Quarterly return. (I) For the purposes of this regulation, a quarter means a period of three months commencing on the 1st January, the 1st April, the 1st July, or the I st October. (2) Every occupier of prescribed premises shall, within fourteen days after the end of each quarter, submit to the Director-General, in the Form in the First Schedule, a quarterly return for that quarter in respect of the prescribed premises. (3) An occupier of prescribed premises is not required to submit under paragraph (2) a return for any period during which he was not an occupier of the prescribed premises. (4) Where a person becomes an occupier of prescribed premises on a day other than the first day of a quarter, such a person may submit his first return under paragraph (2) within fourteen days after the end of the first full quar ter, and in that case the return shall be for the period from the commence ment of occupation until the end of the first full quarter. 11. Imposition of acceptable conditions for the discharge of effluent. In imposing acceptable conditions in respect of a licence for the discharge of effluent from prescribed premises, the Director-General shall be guided by regulations 12, 13, 14, 15, 16, 17 and 18. 12. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products into a watercourse. (1) Subject to paragraph (3), no condition limiting any parameter shall ordinarily be imposed in respect of the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products into a watercourse during the period l.4.1979-30.9.1979, but the Director-General may, if he considers it necessary in any particular case so to do, impose such a condition or conditions for all or any of the parameters, and in that event the limits shall ordinarily be as shown in the Second Schedule. (2) Every licence issued in respect of any period after 1.10.1979 shall con tain a condition or conditions limiting the parameters of the effluent to be dis charged on or after that date and the limits for the respective periods shall ordinarily be the limits to be specified by notification in the Gazette, which for the purposes of these Regulations shall constitute the Third Schedule. (3) The Director-General may in any particular case, if he considers jt necessary so to do, impose, in respect of the discharge of effluent during any period, a more stringent limit than the applicable limit shown in the Second Schedule or the applicable limit according to the Third Schedule, for any parameter. 88 13. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its -associated products onto land. (I) Subject to paragraph (2), no condition limiting any parameter shall ordinarily be imposed in respect of the discharge of effluent from prescribed premises occupied or used for the production of concentrated latex or its associated products onto land during any period, but the Director-General may, if he considers it necessary in any particular case so to do, impose such a condition or conditions for all or any of the parameters, and in that event the limits shall ordinarily be as shown in the Second Schedule. (2) The Director-General may in any particular case, if he considers it necessary so to do, impose, in respect of the discharge of effluent during any period, a more stringent limit than the applicable limit shown in the Second Schedule, for any parameter. 14. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of products other than concentrated latex or its associated products into a watercourse. (I) Every licence issued on or after 1.4.1979 and every licence issued before but expiring after that date shall contain a condition or conditions limiting the parameters of the effluent to be discharged from prescribed premises occupied or used for the production of products other than concen trated latex or its associated products into a watercourse on or after that date and the limits for the respective periods shall ordinarily be as shown in the second and third columns of the Fourth Schedule. (2) The Director-General may in any particular case, if he considers it necessary so to do, impose, in respect of the discharge of effluent during any period, a more stringent limit than the applicable limit shown in the Fourth Schedule, for any parameter. 15. Acceptable conditions for the discharge of effluent from prescribed premises occupied or used for the production of products other than concentrated latex or its associated products onto land. No condition limiting any parameter shall be imposed in respect of the discharge of effluent from prescribed premises occupied or used for the pro duction of products other than concentrated latex or its associated products onto land during any period, but the Director-General may, if he considers it necessary in any particular case so to do, impose such a condition or condi tions for all or any of the parameters shown in the Fourth Schedule. 16. Prescribed premises occupied or used for the production of a combi nation of products, including concentrated latex or its associated pro ducts. {I) This regulation applies to the discharge of effluent from prescribed 89 premises occupied or used for the production of a combination of products, which include concentrated latex or its associated products. (2) Where the discharge of effluent arising from the tlroduction of concen trated latex or its associated products is to be separate from the discharge of effluent arising from the production of the other products, regulations 12 and 13 shall apply in respect of the discharge of effluent arising from the produc tion of concentrated latex or its associated products and regulations 14 and 15 shall apply in respect of the discharge of effluent arising from the produc tion of the remaining products. (3) Where the effluents specified in paragraph (2) are to be combined such as to constitute a single discharge, then regulations 14 and 15 shall apply in respect of the combined discharge. 17. Umits for parameters of effluent not included in the Second, Third or Fourth Schedule. The Director-General may in any particular case, if he considers it neces sary so to do, impose, in respect of the discharge of effluent from prescribed premises, conditions limiting parameters of effluent not included in the Second, Third or Fourth Schedule. 18. Imposition of less stringent limits for parameters of effluent in certain circumstances. The Director-General may in any particular case impose, in respect of the discharge of effluent from prescribed premises, a less stringent limit than the applicable limit according to the Second, Third or Fourth Schedule, for any parameter, if he is satisfied ( a) that research on effluent disposal or treatment of a kind or scale that is likely to benefit the cause of environmental protection is being or is to be carried out at the prescribed premises and that such a concession is necessary for the conduct of such research; or (b) that compliance with the limit according to the Second, Third or Fourth Schedule at the prescribed premises would not be practic able. 19. Point of discharge. (1) In every licence the Director-General shall specify, for the purposes of these Regulations, the point or points of discharge of effluent for the pre scribed premises to which the licence relates. (2) Wherever the point of discharge is specified in these Regulations in connexion with any prescribed premises, the reference is to the point or points of discharge specified for the prescribed premises pursuant to paragraph (l). (3) Wherever the B.O.O. concentration or other parameter of effluent dis 90 charged or to be discharged is specified in these Regulations in connexion with any prescribed premises, the reference, unless the context otherwise requires, is to the B.O.D. concentration or other parameter as at the point of discharge specified for the prescribed premises pursuant to paragraph (l ). 20. Occupier to install, maintain and operate a continuous effluent flow measuring and recording device. (I) Every occupier of prescribed premises shall, to the satisfaction of the Director-General, install, maintain and operate a continuous effluent flow measuring and recording device for the purpose of monitoring, at the point of discharge, the quantity of the discharge of effluent during the period of the licence. (2) Notwithstanding paragraph (1), the Director-General may permit the quantity of water to be used in the production process to be monitored, in respect of the effluent to be discharged, if he is satisfied that the quantity of such water is the equivalent of the quantity of effluent the point of discharge and in that event the quantity so determined shall be deemed to be the quan tity of effluent discharged. 21. Fee for permission under section 19. The fee for a written permission under section 19 of the Act to carry out any work on any premises that would cause those premises to become pre scribed premises or to construct on any land any building designed for or used for a purpose that would cause the land or building to become pre scribed premises is $100.00 and shall not be refundable. 22. Fee for licence, including renewal of licence. (I) The fee for a licence, including the renewal of a licence, is $100.00 plus an effluent-related amount computed according to the rates and pro cedures prescribed in the Fifth Schedule. (2) The amount of $100.00 shall accompany the application and shall not be refundable. (3) The effluent-related amount shall not become due until called for. 23. Waiver of fee. (I) Where the Director-General is satisfied that research on effluent dis posal or treatment of a kind or scale that is likely to benefit the cause of environmental protection is being or to be carried out at any prescribed pre mises, he may, with the approval of the Minister, completely or partially waive any effluent-related amount payable under regulation 22 {l ). (2) In deciding on the extent of waiver, the Director-General shall be guided by a consideration of how much of the amount of effluent discharged 91 or to be discharged is involved in the research and by a consideration of the quality characteristics of the effluent discharged or to be discharged. 24. Fee for transfer of licence. 1. 2. 3. The fee for the transfer of a licence is $30.00. (i} (ii) (iii) (iv) (v) (i) (ii) (i) (ii) (iii) FIRST SCHEDULE (Regulation 10 (2)) QUARTERLY RETURN FORM (One copy to be completed) SECTION 1 - IDENTIFICATION Name and Address of Premises. .............................................................. . Name of Licensee ................................................................................... . Address of Licensee ................................................................................ . ................................................................ Telephone: ............................ .. Licence Number ..................................................................................... . File Reference Number .......................................................................... . Name of Reporting Official ................................................................... . Address of Reporting Official ............................................................... .. ....•.......................•................................... Telephone: ............................ .. Name of Analytical Laboratory .............................................................. . Address of Analytical Laboratory .......................................................... . ................................................................ Telephone: ............................. . Name of Analyst ................................................................................... .. 4. Quarter of Return: (i) First Quarter: (ii) Second Quarter: 0·1-19 ..... to 31.3.19 .... ) (1.4. 19 ...... to 30.6.19 ..... ) (iii) Third Quarter: (iv) Fourth Quarter: (1.7.19 ..... to 30.9.19 ..... ) (1.10.19 ..... to 31.12.19 .... ) SECTION 2 - QUARTERLY PRODUCTION DATA 5. (i) Total Rubber Production: Type of Product Quantity in Metric Tonnes (ii) Total Water Consumption/ Effluent Discharge* Metered* Estimated* ................. Cubic Metres * Delete whichever not applicable. 92 For Office Use For Office Use SECTION 3 - QUARTERLY EFFLUENT DISPOSAL INFORMATION 6. Effluent Discharge into Watercourse/Effluent Discharge onto Land (Delete whichever not applicable} NOTE: (a) The quantity and quality of the effluent must be as determined at the point of discharge in accordance with the procedure and standard methods laid down by the Director-General. (b) The sampling of the effluent need be done on any one day only in each of the weeks or months indicated by the columns below. The dates must be shown in the spaces provided. Wherever possible, the sampling should be done in the specified weeks rather than the specified months. The analysis for items (v), (vi) and (Lx) need be done only once in the quarter, on the same sample as that used for the analysis for the other items. The times of sampling for items (iii) to (Lx) must also be shown in the spaces provided. The state of the weather at the time of sampling should be recorded as, for example, "dry", "wet", or "heavy rain". (c) If this is a first return for a period covering more than one quarter, as permitted by regulation 10 (4) of the Environmental Quality (Pre scribed Premises) (Raw Natural Rubber) Regulations, 197 8, the infor mation required for the period before the first full quarter may be given in a supplementary sheet. First Week Fifth Week Ninth Week or or or First Month Second Month Third Month Date Time Weather (i) Average Daily Dijcharge; Cubic Metres (m ) .. (ii) Maximum Discharge over 24 !i'ours; Cubic Metres (m ) . . . . (iii) pH (iv) B.O.D. (3-day; 30°C); mg/I (v) C.O.D.; mgil .. (vi) Total Solids; mg/ 1 (vii) Suspended Solids; mg/ 1 (viii) Ammoniacal-Nitrogen; mg/1 (ix) Total Nitrogen; mg/ 1 7. If the effluent or any quantity of it is discharged neither into a '.Vatercourse nor onto land, state mode of disposal: For Office Use I certify that the information provided is true and correct to the best of my knowledge. Date .............................. . Signature of Reporting Official 93 SECOND SCHEDULE (Regulation 12 (I)) PARAMETER LIMITS FOR EFFLUENT DISOIARGE FROM PRESCRIBED PREMISES OCCUPIED OR USED FOR THE PRODUCTION OF CONCENTRATED LATEX OR ITS ASSOCIATED PRODUCTS Parameters (1) Biochemical Oxygen Demand (B.O.D.) 3-day, 30°C; mg/1 Chemical Oxygen Demand (C.O.D.); mg/1 Total Solids; mg/1 Suspended Solids; mg/1 Ammoniacal-Nitrogen; mg/1 Total Nitrogen; mg/1 pH TIIIRD SCHEDULE (Regulation 12 (2)) PERIOD ACCORDING TO MODE OF DISPOSAL Discharge into Watercourse {1.4.1979 30.9.1979) Discharge onto Land (Any Period) Limits (2) 6,000 12,000 13,000 500 900 1,100 3.5-8.0 PARAMETER LIMITS FOR WATERCOURSE DISCHARGE OF EFFLUENT FROM PRESCRIBED PREMISES OCCUPIED OR USED FOR THE PRODUCTION OF CONCENTRATED LA TEX OR ITS ASSOCIATED PRODUCTS, ON OR AFTER 1.10.1979 FOURTII SCHEDULE (Regulation 14(1)) PARAMETER LIMITS FOR WATERCOURSE DISOIARGE OF EFFLUENT FROM PRESCRIBED PREMISES OCCUPIED OR USED FOR THE PRODUCTION OF PRODUCTS OTHER THAN CONCENTRATED LA TEX OR ITS ASSOCIATED PRODUCTS Parameters (1) Biochemical Oxygen Demand (B.O.D.) 3-day, 30°C; mg/1 Chemical Oxygen Demand (C.O.D.); mg/1 Total Solids; mg/1 Suspended Solids; mg/1 Ammoniacal-Nitrogen; mg/1 Total Nitrogen; mg/1 pH 94 Limits According to Periods of Discharge 1.4.1979 - 1.4.1980 31.3.1980 31.3.1981 (2) (3) 300 750 1,000 250 70 100 6.8 200 500 1,000 250 70 100 6.8 FIFTII SCHEDULE (Regulation 22 (1)) RA TES AND PROCEDURES FOR COMPUTING EFFLUENT-RELATED AMOUNT OF LICENCE FEE 1. The amount shall be related to the total quantity of effluent to be discharged from the premises, both into a watercourse and onto land, during the period of the licence. 2. (l) Where effluent is to be discharged only into a watercourse, the amount shall be $10.00 per metric ton or part ofa metric ton of the B.O.D. load of the total quantity of effluent to be discharged. (2) Where the period of the licence is a complete year, and the amount computed according to the rate in sub-paragraph (l) is $150.00 or less, the amount to be charged shall be $150.00. (3) The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year. ( 4) For the purpose of sub-paragraph ( 3 ), any period of licence of less than one month shall be reckoned and charged for as one month. 3. (l) Where effluent is to be discharged only onto land, the amount shall be $10.00 per thousand metric tons or part of a thousand metric tons of the total quantity of effluent to be discharged. (2) Where the period of the licence is a complete year, and the amount computed according to the rate in sub-paragraph (l) is $150.00 or less, the amount to be charged shall be $150.00. (3) The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year. (4) For the purpose of sub-paragraph (3), any period of licence of less than one month shall be reckoned and charged for as one month. 4. (1) Where effluent is to be discharged both into a watercourse and onto land, the rate in sub-paragraph (l) of paragraph 2 shall apply in respect of the eff1uent to be dis charged into a watercourse and the rate in sub-paragraph (I) of paragraph 3 shall apply in respect of the effluent to be discharged onto land, and the amount to be charged shall be the total of the two amounts thus arrived at. (2) Where the period of the licence is a complete year, and the total of the two amounts is $150.00 or less, the amount to be charged shall be $150.00. (3) The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year. (4) For the purpose of sub-paragraph (3), any period of licence of less than one month shall be reckoned and charged for as one month. 5. (1) Where no effluent is to be discharged either into a watercourse or onto land during the period of the licence, the amount to be charged shall be $150.00 per year. (2) The minimum amount of $150.00 shall be proportionately reduced where the period of the licence is less than a complete year. (3) For the purpose of sub-paragraph (2), any period of licence of less than one month shall be reckoned and charged for as one month. 95 6. In construing this Schedule for the purpose of recovery of fees under section 17 of the Act, references to effluent to be discharged shall be construed as references to ef fluent actually, or deemed to have been actually, discharged. Made the 23rd November 1978. 96 TAN SRI ONG KEE HUI, Minister of Science, Technology and Environment