I [Arrangement of Regulations] ENVIRONMENTAL QUALITY ACT, 1974 ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIAL EFFLUENTS) REGULATIONS 1979 ARRANGEMENT OF REGULATIONS PARTI PRELIMINARY Regulation 1. Citation and Commencement. 2. Interpretation. 3. Application. PARTll NEW SOURCES OF DISCHARGE 4. Prohibition against new and altered sources of effluent discharge. 5. Requirement and approval of plans. PART III ACCEPTABLE CONDITIONS OF DISCHARGE INTO INLAND WATERS 6. Prohibition of discharge of effluent containing certain substances. 7. Standard Methods of analysis of effluents. 8. Parameter limits of effluent to be discharged into inland waters. PART IV DISCHARGE OF EFFLUENT AND SLUDGE ONTO LAND 9. Restrictions on the discharge of effluents. 10. Restrictions on disposal of sludges. PART V LICENCE FOR CONTRAVENTIO\ll OF ACCEPTABLE CONDITIONS II. Acceptable conditions which may be contravened. 12. Reporting charges in information furnished for purposes of application. 13. Making,changes that alter quality of effluent. 14. Display of licence. 15. Continuance of existing conditions and restrictions in case of change in occupancy_ 50
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I[Arrangement of Regulations]
ENVIRONMENTAL QUALITY ACT, 1974
ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIALEFFLUENTS) REGULATIONS 1979
ARRANGEMENT OF REGULATIONS
PARTI
PRELIMINARY
Regulation
1. Citation and Commencement.
2. Interpretation.
3. Application.
PARTll
NEW SOURCES OF DISCHARGE
4. Prohibition against new and altered sources of effluent discharge.
5. Requirement and approval of plans.
PART III
ACCEPTABLE CONDITIONS OF DISCHARGEINTO INLAND WATERS
6. Prohibition of discharge of effluent containing certain substances.
7. Standard Methods of analysis of effluents.
8. Parameter limits of effluent to be discharged into inland waters.
PART IV
DISCHARGE OF EFFLUENT AND SLUDGE ONTO LAND
9. Restrictions on the discharge of effluents.
10. Restrictions on disposal of sludges.
PART V
LICENCE FOR CONTRAVENTIO\ll OF ACCEPTABLE CONDITIONS
II. Acceptable conditions which may be contravened.
12. Reporting charges in information furnished for purposes of application.
13. Making,changes that alter quality of effluent.
14. Display of licence.15. Continuance ofexisting conditions and restrictions in case of change in occupancy_
50
[Arrangement of Regulations]
PART VIMISCELLANEOUS
Regulation16. Point of discharge.17. Dilution of effluent.18. Accidental discharge or spill.19. Provisions for inspection.
20. Occupier to renQer assistance duri{lg inspections.
PARTvnFEES
21. Fee for written permission.22. Fee for licence including renewal of licence.23. Waiver of fee.24. Fee for transfer of licence.
FIRST SCHEDULEList of Discharges to Which These Regulations Do Not Apply.
SECOND SCHEDULEStandard Methods of Analysis of Effluent.
THIRD SCHEDULEParameter Limits of Effluent of Standards A and B.
FOURTH SCHEDULEList of Catchment Areas Where Standard A Applies.
FIFTH SCHEDULEList of Parameters the Limits of Which to be Specified.
SIXTH SCHEDULEParameter Limits of Effluent Other Than of Standard A or B.
SEVENTH SCHEDULEMethod of Computing Effluent-Related Licence Fee.
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[Regulation 1- 2]
ENVIRONMENTAL QUALITY ACT, 1974
ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIALEFFLUENTS) REGULATIONS 1979
Acl/27
IN exercise of the powers conferred by section 51 of the Environmental QualityAct 1974, the Minister, after consultation with the Environmental QualityCouncil,makes the following regulations:
PART IPRELIMINARY
Citation and commencement
1. (1) These Regulations may be cited as the Environmental Quality (Sewageand Industrial Effluents) Regulations 1979.
(2) These Regulations shall be deemed to have come into force on the 1stJanuary 1979; except for those sources in existence before this date, theseRegulations shall come into force on January I, 1981.
Interpretation
2. In these Regulations, unless the context otherwise requires-
"effluent" means sewage or industrial effluent;
"industrial effluent" means liquid water or wastewater produced by reasons ofthe production processes taking place at.any industrial premises;
"inland waters" include any reservoir, pond, lake, river, stream, canal, drain,spring or well, any part of the sea abutting on the foreshore, and any other body ofnatural of artificial surface of subsurface water;
"licence" means a licence which a person may obtain for the purposes ofsection25 of the Act;
"licensed premises" means premises occupied by a person who is the holderof a licence issued in respect of the premises;
"parameter" means any of the factors shown in the first column of the ThirdSchedule or in the Fifth Schedule and any other factors whIch the DIrector-Generalmay specify in accordance with the provisions of paragraph (4) of regulation 8;
"sewage" means any liquid waste or wastewater discharge ~ontaining animalor vegetable matter in suspension or solutIOn, and may mclude liqUIds contammgchemicals in solution;
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..[Regulation 2 - 5]
"sewer" means any line ofpipes or channels with their appurtenances designedand used to convey effluent;
"sewerage system" means a system incorporating sewers and all otherstructures, devices, equipment, .and appurtenances intended for the collection,transportation, and pumping of effluent including a treatment plant;
"treatment plant" means any facility for the conditioning of effluent to effectreduction or partial reduction of its potential to cause pollution.
Application
3. These Regulations shall apply to discharges of effluent into any inland waters,other than the effluents discharged from prescribed premises or other premisesspecified in the First Schedule or both.
PARTUNEW SOURCES OF DffiCHARGE
Prohibition against new and altered sources of effluent discharge
4. Notwithstanding any other provisions of these Regulations, no person withoutprior written permission of tl)e Director-General shall-
(1) carry out any work on any premises that may result in a new source ofeffluent discharge or cause a material change in the quantity or quality ofthe discharge from an existing sources; or
(2) construct on any land any building designed or used for a purpose thatmay cause the land or building to result in a new source of effluentdischarge.
Requirement and approval of plans
5. (I) An application to carry out any work, building, erection or alterationspecified in regulation 4 shall be submitted to the Director-General in the prescribedform and shall be accompanied by the prescribed fee under regulation 21.
(2) The Director-General may grant such application either subject toconditions or un~onditionallyand may require the applicant-
(a) to repair, alter, replace o.r install control equipment;
(b) to conduct a monitoring programme.at his own expense or bear thecost of such programme within such period or at such time and insuch manner as the Director-General may.specify.
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[Regulation 6 - 8]
PARTlliACCEPTABLE CONDITIONS OF DISCHARGE INTO
lNLAND WATERS
Prohibition of discharge Of effluent containinggrtain substances
6. No person shall discharge or cause or permit the discharge of any of thefollowing substances into any inland waters:
(I) an~ inflammable solvent;
(2) any tar or other liquids immiscible with water;
(3) refuse, garbage, sawdust, timber, human or animal waste or solid matters.
Standard methods of analysis of effluents
7. For the purposes of these Regulations, the effluent discharged into any inlandwaters shall be analysed in accordance with the nineteenth edition of the methodsspecified in the Second Schedule, or in accordance with such other methods ofanalysis as the Director-General thinks fit.
Parameter limits of effluent to be discharged into inland' waters
8. (I) No person shall discharge effluent, analysed in accordance with regulation7, which contains substances in concentrations greater than those specified asparameter limits of-
(a) Standard A; as shown in the third column of the Third Schedule, intoany inland waters within the catchment areas specified in the FourthSchedule; or
(b) Standard B, as shown in the fourth column of the Third Schedule,into any other inland waters.
(2) Where two or more of the metals specified as parameters (xii) to (xvi),pursuant to paragraph (1) of this regulation, are present in the effluent, theconcentration of these metals shall not be greater than-
(a) 0.5 milligrammes per litre in total, wh~re Standard A is applicable;
(b) "3.0 milligrammes per litre in total, and 1.0 milligramme per litre intotal for soluble fOimS, where Standard B is applicable.
(3) Where Standard B is applicable and when both phenol and free chlorineare present in the same effluent, the concentration of phenol individually, shall not
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II
Administrator
Highlight
[Regulation 8 - 11]
be greater than 0.2 milligrammes per litre and the concentration of free chlorineindividually, shall not be greater than 1 milligramme per litre.
(4) Where the Director-General deems it necessary, he may by notice in writingspecify the acceptable conditions of discharge includin.g the parameter limits ofeffluent, with respect to any or all of the parameters specified m the Fifth Scheduleand any other parameters not listed anywhere in these Regulations.
PART IVDISCHARGE OF EFFLUENT AND SLUDGE ONTO LAND
Restriction on the discharge of effluents
9. No person shall discharge or cause or permit the disc~argeo()f any effluent inor on any soil or surface of any land without the pnor wntten permissIon of theDirector-General.
Restrictions on disposal of sludges
10. No person shall discharge or cause or permit the discharge of any solid wasteor sludge that is generated from any production. or manufacturing proces~es orfrom any effluent treatment plant in or on any SOIl or surface of any land withoutthe prior written permission of the Director-General.
PART VLICENCE FOR CONTRAVENTION OF ACCEPTABLE CONDITIONS
Acceptable conditions which may be contravened
11. (1) In accordance with the provisions of section 25 (1) of the Act, applicationfor a licence may be made for the purposes of the contravention of acceptableconditions of effluent discharge specified in regulation 8.
(2) An application for a licence shaH be made in accordance with theprocedures specified in the Environmental Quality (Licensing) Regulations 1977.
(3) The Director-General may refuse to grant the application for a licence ifhe is satisfied that the granting of application for such a licence is likely to cause aworsening of condition in the inland waters or cause pollution in any other segmentor element of the environment.
(4) Without prejudice to the generality of paragraph (3) of this regulation,the Director-General may grant the application for a licence ifhe is satisfied that-
(a) there is no known practicable means of control to enable compliancewith the acceptable conditions; or
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[Regulation 11 - 13]
(b) the ~stimated cost to be incurred for compliance will be prohibitivehavmg regard to the nature and size of the industry, trade, or processbemg caITIed out m the premises discharging the effluent; or
(c) the design and construction of any treatment plant or other controleqUipment and their commissioning require a longer period than theperiod for compliance with these Regulations; or
(d) ~he imposition of the acceptable conditions as prescribed may resultm circumstances WhICh, in his opinion and having regard to all factorsare not reasonably practicable or are contrary to the intent and spiri;of the Act; or
(e) a sewerage system is to be provided and the effluent is permitted tobe admitted into the sewerage system.
. . (5) For the purpose of subparagraph (4) (e), in imposing conditions on a licenceIImftmg the parameters of effluent to be discharged, the Director-General shall beguided-
(a) by the parameter limits of Standard B in respect of the discharge intoany mland waters specified in regulation 8 (I ) (a); or
(b) by the parameter limits specified in the Sixth Schedule in respect ofthe discharge into any other inland waters.
Reporting changes in information furnished forpurposes of application
12. An applicant for a licence or for the renewal or transfer of a licence shallwithin seven ~ays of. the occurrenc~ of any material change in any informatio~furnIshed m hiS applIcatIOn or furnished in writing pursuant to a request by theDirector-General under sectIOn 11 (2) of the Act give the Director-General a reportin .writing of the change.
Making changes that alter quality of effluent
13. (1) The holde.r of a licence shall not make, or cause or permit to be made, anychange t~ the pr.emlses or m the manner of running, using, maintaining or operatingthe ~remlses ~r many operaMn or process carried on at the premises, which changecauses, or IS mtended or IS lIkely to cause, a material increase in .the quantity orqualIty of effluent or both discharged from the premises, unless prior writtenapproval of the Dlrect6r-General has been obtained for the change.
(2) For the purposes ofparagraph (1), changes to licensed premises include-
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Administrator
Highlight
Administrator
Highlight
[Re~tion 13 - 16]
(a) any change in the construction, structure, or arrangement of thepremises or any building serving the premises;
(b) any change in the construction, structure, arrangement, alignment,direction, or condition of any channelling device, system, or facilityserving the premises; and
(c) any change of, to, or in any plant, machine, or equipment used orinstalled at the premises.
Display of licence
14. The holder ofa licence shall display his licence, together with every documentforming part of the licence, in a conspicious position in the principal building ofthe premises.
Continnance of existing conditions and restrictionsin case of change in occupancy
15. Where a person becomes the occupier of licensed premises in succession toanother person who holds a yet unexpired licence in respect of the premises, then-
.(I) for a period of fourteen days after the change in occupancy; or
(2) where the new occupier makes an application within that period for thetransfer to him of the licence. for the period from the change in occupancyuntil final determination of his application,
the conditions and restrictions of the licence shall be binding on the new occupierand· shall be observed by him, notwithstanding that he is not yet the holder of thelicence or that the licence may, during the period specified in paragraph (I) or (2),as the case may be, have expired.
PART VIMISCELLANEOUS
Point of discharge
16. (I) The point or points of discharge of effluent shall be determined by theDirector-General.
(2) The position and design of the outlet at the point or points of discharge ofeffluent into any inland waters or onto any land as determined in paragraph (l)shall not be altered or changed without the prior written approval of the DirectorGeneral.
57
[Regulation 16- 2O} .
(3) Wherever the concentration of any parameter of effluent discharged or tobe discharged is .mentioned in these Regnlations, the reference, unless the contextotJierwise.requires, is to the concentration as at the point of discharge determinedin paragraph (I).
Dilution of emuent
17. No person shall dilute, or cause or perm.it to be diluted, any effluent, whetherraw or treated at any time or point after it is produced at any premises unless prior
. written authorisation of the Director-General has been obtained for the dilutionandthe dilution is done according to the terms and conditions of the authorisation.
Spill or accidental discharge
18. (I) In the event of the occurrence of any spill or accidental discharge of thesubstances specified in regulation 8 which either directly or indirectly gains ormay· gain access into any inland waters, the person or persons responsible for suchoccurrence shall immediately inform the Director-General of the occurrence.
(2) The person or persons responsible for the occurrence of the spill oraccidental discharge referred to in paragraph (I) shall be required, .to everyreasonable extent,.10 contain, cleanse or abate the spill or accidental discharge orto recover substances involved in the spill or accidental discharge in a mannersatisfactory to the Director-General.
(3) The Director-General shall estimate any damage caused by the spill oraccidental discharge and may recover all costs and expenses from the person orpersons responsible for the occurrence of the spill or accidental discharge.
Provisions for inspection
19. A person who discharges effluent into any inland waters or onto any landshall, in connection with such discharge, install such sampling test point or points,inspection chambers. flow-meters, and recording and other apparatuses as theDirector-General may, ftom time to time, require.
Occupier to render assistance during inspections
20. An occupier of any premises shall provide the Director-General or any otherofficer duly authorised in writing by him every reasonable assistance or facilityavailable at premises, including labour, equipment, appliances, and instrumentsthat he may require for the purpose of taking any action that he is empowered bysection 38 of the Act to take respect of the premises.
58
'[Regulation 21 - 24]
PARTvnFEES
Fee for written permission
21. The fee for a written permission under regulation 4 is RMIOO.OO.
Fee for licence including renewal of licence
22. (I) The fee for a licence, including the renewal of a licence. is RMIOO.OOplus an efflUent-related amount computed according to the method prescribed inthe Seventh Schedule.
(2) The fee of RM I00.00 shall accompany the application and shall not berefundable.
(3) The effluent-related amount shall not become due until called for.
Waiver of fee
23. (I) If the Director-General is satisfied that research on effluent disposal ortreatlJlent of a kind or scale that is likely to benefit the cause of environmentalprotection is being or is to be carried out at any licensed premises, he may, with theapproval of the Minister, Wholly or partly waive any effluent-related amount payableby virtue or regulation 22 (3).
(2) In deciding on the extent of waiver, the Director-General shall be guided-
(a) by a consideration of how much of the amount of effluent dischargedor to be discharged is involved jn the research; or
(b) by a consideration of the physical and chemical characteristics of theeffluent discharged or to be discharged.
Fee for transfer of licence
24. The fee for a transfer of licence is RM30.00.
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[First Schedule - Second Schedule]
FIRST SCHEDULE
ENVIRONMENTAL QUAUTY ACT 1974
ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIAL EFFLUENTS)REGULATIONS 1978
[Regulation 31
LIST OF DISCHARGES TO wmCR THESE REGULATIONS DO NOT APPLY
Subject to the provisions of regulation 6. these Regulations shall not apply to discharges of effluentinto any inland waters from the following sources:
1. Processing of oil-palm fruit or oil-palm fresh-fruit bunches into crude palm oil, whether as anintermediate or final product;
2. Processing of natural rubber in ,technically specified form, latex fonn including prevulcanisedor the (ami of modified and special purpose rubber, conventional sheet, skim, crepe or scrap rubber;
3. Mining activities;
4. Processing. manufacturing. washing or servicing of any other products or goods-
(I) that produce effluent of less than 60 cubic metres (13,000 imperial gallons) per day;
(2) that the effiuent of which does not contain those contaminants listed as parameters (vi) to(xvi) in the first column of the Third Schedule;
(3) where the total load of biochemical oxygen demand of the effiuent fixed at 20 degreesCentigrade for 5 days or suspended solid or both, shall not exceed 6 kilogrammes per day(concentration 100 milligrammes per litre);
(4) in any housing or commercial development or both of less than 30 units, without affectingthe generality of 4 (3).
SECOND SCHEDULE
ENVIRONMENTAL QUAUTYACT 1974
ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIAL EFFLUENTS)REGULATIONS 1978
[Regulation 71
STANDARD METHODS OF ANALYSIS OF EFFLUENT
1. "Standard Methods for the Examination of Water and Wastewater" published jointly by theAmerican Public Health Association, the American Water Works Association and the Water PollutionControl Federation of the United States; or
2. D,kted by P. U. (A) 400/97.
60
LIST OF <;:ATCHMENT AREAS WHERE STANDARD A APPLIES
1. The catchment areas referred to in this regulation shall be the areas upstream of surface or abovesub·surface water supply intakes, for the purpose of human consumption including drinking.
2. For the purpose of this regulation, the water supply intakes shall include the public water supplyintakes specified below;
lemard dan Kolam AirBatu FerringhiPulau Pinang Bekalanuntuk Kolam Air Guil~
lemard dan Kolam AirBatu FerringhiPulau PinangBekalan untuk KolamAir, Air TerjunPulau PinangBekalan untuk KolamAir Guillemard danKolam Air BatuFerringhiPulau PioangPulau Pinang Bekalanuntuk Kolarn AirGuillemard dan KolamAir Batu FerringhiPulau PinangBekalan uotuk KoJamAir Balik PulauPulau PinangPulau PinangPulau PinangPulau PinangBekalan uotuk KolamAir Guillemard danKolam Air BatuFerringhiBekalan uotuk KolamAir Guillemard danKolamAirPulau PinangPulau PinangPulau Pinang Bekalanuntuk Kolam AirGuillemard dan KolamAir Batu Ferringhi
[Fourth Schedule}
(2)
Name ofRivi!rlReservoirlWell
Sg. Batu Fetringhi
Sg. Batu Fetringhi
HighlandsHighlands
Sg. KecilSg.Kecil
Sg. KleanTalian Kuasa Sg. Klean ..
68
Sg. Pinang BaratSg. Pinang Barat
Anak Sungai Sebelah 3VsSg. SituAnak Sungai TatsSg. Telok Awak ..Sg. Telok Awak ..
Sg. Telok Awak ..
Sg. Telok BahangSg. TengahSg. Ubi (anak Sg. TelokBahang)
ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIAL EFFLUENTS)REGULATIONS 1978
SEVENTH SCHEDULE
(2) the total amount of toxicity determined as the total amount of contaminants, listed asparameters (vi) to (xvi) in the Third Schedule and parameters (xi) to (xviii) listed in theFifth Schedule, present in the effluent expressed in kilogrammes (kg); and
(3) the total amount of other toxicity determined as the total amount of contaminants, listed asparameters (xvii) to (xxiii) in the Third Schedule and any other parameters the DirectorGeneral thinks fit present in the effluent expressed in kilograms (kg).
The licence fee shall be computed in accordance with paragraph 1 of this schedule as follows:
FEE
Inland Waters into which per tonne of per kg of per kg ofeffluent is discharged BOD load contaminants contaminants
specified specified specifiedin sub- in sub- in sub-
(b) Any other inland waters RMI0.00 RM50.00 RMIO.OO
]. The amount of effluent-related licence fee shall be subject to-
(1) the total amount of organic loading determined as the total biochemical oxygen demand(BOD:; at 20°C) of the effluent expressed in metric ton (tonne);
Fluoride (as F) Parameter Unit LimitMolybdenum
Nitrate Nitrogen (xv) Niekel mg/I 10
Phosphate (as P) (xvi) Tin mgll 10
Polyehlorinated Biphenyls (xvii) Zinc mg/I 10
Selenium (xviii) Iron (Fe) .. mgll 50
Silver (xix) Phenol mgll 5.0
Beryllium (xx) Sulphide .. mg/I 2.0
Vanadium (xxi) Oil and Grease mg/I 100
Radioactive Material
Parameter Unit Limit
(I) Temperature °C 45
(ii) pH Value .. 5.0-9.0
(iii) BOD, at 20°C mgll 400
(Iv) COD mgll2.
1000
(v) Suspended Solids mg/I 400
(vi) Mercury .. mg/I 0.10
(vii) Cadmium .. mgll 1.0
(viii) Chromium, Hexavalent mgll 2.0
(ix) Arsenic mgll 2.0
(x) Cyanide .. mgll 2.0
(xi) Lead mgll 2.0
(xii) Chromium, Trivalent mg/I 10
(xiii) Copper mg/I 10
(xiv) Manganese mgll 10
75
ENVIRONMENTAL QUALITY ACT I974
ENVIRONMENTAL QUALITY (SEWAGE AND INDUSTRIAL EFFLUENTS)REGULATIONS 1978
SIXTH SCHEDULE
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii) Pesticides, fungicides, herbicides, insecticides, rodenticides, fumigants or any other biocidesor any other chlorinated hydrocarbons
(xviii) A substance that either by itself or in combination or by reaction with other waste or refusemay give rise to any gas, fume or odour or substance which causes or is likely to causepollution.
[Regulation 11 (5) (b)]
PARAMETER LIMITS OF EFFLUENT OTHER THAN OF STANDARD A OR n