MODULE 2: UNDERSTANDING THE LEGAL FRAMEWORK

OBJECTIVE

To provide understanding to the participants on the relevant legal provisions on the control of water
pollution from industrial discharges.

LEARNING OUTCOMES

On completion of this module the participants should be able to:

1. State the relevant sections of the Environmental Quality Act, 1974 (EQA) for the control of
water pollution from industrial activities and the penalty for non compliances under the Act.
2. Determine whether an industrial source is subject to the Industrial Effluent Regulations
2009.
3. Explain the effluent discharge standards.
4. Determine where Standard A and B apply.
5. Explain the legal provisions in the Industrial Effluent Regulations, 2009 on competent
person, performance monitoring, record keeping, training and penalty.

UNDERSTANDING THE LEGAL FRAMEWORK

2.1 The Environmental Quality Act 1974 (EQA 1974)

Section 25 - Provides a general provision for the control of pollution of inlands water.

- Inland water refer to reservoirs, lakes, rivers, streams etc. and subsurface water.

Section 29 - Focuses on the control of pollution of Malaysian Waters.

- Malaysian waters refers to the territorial waters of Malaysia which is practically

understood that extend 12 Nautical miles from the shore.

Section 25: Restriction on Pollution of Inland Waters.

(1) No person shall, unless licensed, emit, discharge or deposit any environmentally hazardous
substances, pollutants or wastes into any inland waters in contravention of the acceptable
conditions specified under section 21.

(2) Without limiting the generality of subsection (1), a person shall be deemed to emit, discharge or
deposit wastes into inland waters if:

a) he places any wastes in or on any waters or in a place where it may gain access to any
waters;
b) He places any waste in a position where it falls, descends, drains, evaporates, is washed, is
blown or percolates or is likely to fall, descend, drain, evaporate or be washed, be blown or
percolated into any waters, or knowingly or through his negligence, whether directly or
indirectly, causes or permits any wastes to be placed in such a position;
c) He causes the temperature of the receiving waters to be raised or lowered by more than the
prescribed limits.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a
fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five
years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the
offence is continued after a notice by the Director General requiring him to cease the act specified
therein has been served upon him.

Section 29: Prohibition Of Discharge Of Wastes Into Malaysian Waters

(1) No person shall, unless licensed, discharge environmentally hazardous substances, pollutants or
wastes into the Malaysian waters in contravention of the acceptable conditions specified under
section 21.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a
fine not exceeding five hundred thousand ringgit or to imprisonment for not exceeding five years or
to both.

2.2 Sources subject to Industrial Effluent Regulations 2009 (IER)

Sources which generate raw effluent for the following are subjected to IER:

I. The BOD load of the effluent of more than 6 kg/d.

II. The SS load of the effluent more than 6 kg/d.
III. The sum total of BOD and SS load of the effluent more than 6 kg/d.
IV. The effluent discharge volume of 60 m3 /day or more.
V. An effluent containing contaminant (mostly metals): mercury, cadmium, hexavalent
chromium, arsenic, cyanide (non metal), lead, trivalent chromium, copper, manganese,
nickel and tin irrespective of the load of the contaminant discharged.
VI. An effluent containing oil and grease (O&G), irrespective of the load of O&G discharged.

The characteristics (flowrate, load, presence of contaminants) mentioned above refer to the
characteristics of the raw effluents before undergoing treatment.

In IER, two categories effluents are recognized:

i. Industrial effluent
ii. ii. Combined effluent (Mixture of raw (untreated) industrial effluent and raw (untreated)
sewage).

The First Schedule to the IER which is read together with regulation 9 reads:

First Schedule (Regulation 3)

LIST OF PREMISES TO WHICH THESE REGULATIONS DO NOT APPLY

1. Processing of oil-palm fruit or oil-palm fresh fruit bunches into crude palm oil, whether as an
intermediate or final product.

2. Processing of natural rubber in technically specified form, latex form including prevulcanised or
the form 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 that produce
industrial effluent or mixed effluent of less than 60 cubic meters per day.

5. Processing, manufacturing, washing or servicing of any other products or goods that produce
industrial effluent or mixed effluent of which does not contain oil and grease or those contaminants
listed as parameters (v) to (xv) in the first column of the Fifth Schedule.

6. Processing, manufacturing, washing or servicing of any other products or goods where the total
load of biochemical oxygen demand (BOD5 at 20°C) or suspended solids or both, shall not exceed 6
kg/day (concentration of 100 mg/L).

Understanding the First Schedule

The sources which are not subject to the IER can be categorized based on several perspectives as
follows:

a) Activity perspective
Listed industries (Item 1: processing of crude palm oil; Item 2: processing of raw natural
rubber; Item 3: mining) are subject to IER.
b) Effluent flowrate (quantum/quantity) perspective:
Source generating < 60 m3/d (Item 4) are not subject to IER.
c) Contaminant’s presence (quality perspective):
Source generating effluents not containing oil and grease or any contaminant listed as (v) to
(xv) in the Fifth Schedule (Item 5: mercury, cadmium, hexavalent chromium, trivalent
chromium, arsenic, cyanide, lead, copper, manganese, nickel, and tin) are not subject to IER.
d) Pollutant load (quantum/quantity) perspective:
Source generating BOD load or SS load or sum total of BOD and SS load > 6kg/day (Item 6)
are not subject to IER.

Pollutant load can be computed by the formula:

Pollutant Load, kg/d = (Effluent flowrate, m3/d x pollutant concentration, mg/L)/10 3

2.3 Written Notification

Prior Written Notification to the Director General (DG) of the Department of Environment (DOE) is
required within 30 days before commencing any work or construction or IETS upgrading that would
result in new source of effluent discharge or a change in the quality and quantity of the effluent from
existing source.

IETS upgrading that involves substantial modification to the IETS such as addition or abandonment of
a unit process or unit operation requires a written notification because the exercise will result in
changes to information on IETS furnished earlier in Section D of the Second Schedule.
The Written Notification requirement replaces the Written Permission procedure enforced under the
repealed Regulations (SIER). The extract of the relevant provision in IER is reproduced below.

Regulation 4: Obligation to notify the Director General (DG)

(1) No person shall, without prior written notification to the DG;

(a) Carry out any work on any premises that may result in a new source of discharge of
industrial effluent or mixed effluent;

(b) Construct on any land, building or facility designed or used for a purpose that may cause
the land or building or facility to result in a new source of discharge of industrial effluent or
mixed effluent;

(c) Make or cause or permit to be made any change of, to, or in any plant, machine, or
equipment used or installed at the premises that causes a material change in the quantity or
quality of the discharge or release from an existing source; or

(d) Carry out upgrading work of an existing industrial effluent treatment system that may
result in a material change in the quantity or quality of the discharge or release.

(2) The written notification to carry out any work, construction, or upgrading, or to make any change
referred to in subregulation (1) shall be submitted to the Director General in the form as specified in
the Second Schedule within thirty days before the work or construction or upgrading commences.

The notification is required to be made by using the form specified in the Second Schedule. The
submission of the Third Schedule to declare that the IETS has been designed and constructed
according to the specifications of the Guidance Document on the Design and Operation of IETS is
also required.

2.4 Discharge Monitoring

The monitoring of the discharge of the effluents is required under regulation 7 of the IER. Sources
are required to keep records of the discharge and also to submit the monthly discharge report to the
DOE on a monthly basis, the report can be submitted in the form of hard copy to the DOE State
Office or electronically through the internet, visit the DOE’”s web site to register and start sending
the reports on line without any hassle

By examining the Tenth Schedule it is clear that the sources are required to conduct weekly sampling
of the final discharge but the compiled report is submitted on a monthly basis to the DOE.

Regulation 7 and Tenth Schedule are reproduced below.

Regulation 7: Monitoring of discharge of industrial effluent or mixed effluent

(1) An owner or occupier of a premises that discharges industrial effluent or mixed effluent onto
or rinto any soil, or into any inland waters or Malaysian waters shall, at his own expense –
(a) Monitor the concentration of chemical oxygen demand (COD) and any parameter as
specified in the Fifth Schedule; and
(b) Install flow-meters, sampling, monitoring and recording equipment.
 (2) The owner or occupier of the premises shall maintain a record of industrial effluent or mixed
effluent discharge monitoring data in the form as specified in the Tenth Schedule.
(3) The owner or occupier of the premises shall submit the first record of industrial effluent or
mixed effluent discharge monitoring data to the Director General within thirty days after the
date of coming into operation of these Regulations and the subsequent records shall be
submitted within thirty days after the end of the calendar month for the report of the
previous month.
(4) The record of industrial effluent or mixed effluent discharge shall also be made available for
inspection by any authorized officer.

Which effluent parameters to monitor? The industries are given the responsibility to decide by
themselves which parameters are relevant to their manufacturing operation and hence appropriate
to be monitored. The decision can be arrived at by examining the information from several sources
such as:

(a) The industrial effluent characterization study (IECS)

(b) The raw materials used
(c) The historical data on raw effluent quality
(d) The guide on significant parameters given in the Guidance Document on Performance
Monitoring of IETS.

2.5 Proper operation of IETS

Industries are required to operate and maintain their IETSs in accordance with normal practiced by
professionals in the field of industrial effluent treatment. In day to day operation, this translates into
the practices and activities to assure each of the process making up the IETS is occurring in an
optimal manner. This assurance is accomplished by maintaining key parameters relevant to the
processes within acceptable ranges as established by sound engineering practice for the
maintenance of those processes. Sound engineering practice is closely related to the aspect of
performance monitoring, both of which are discussed further and emphasized over and over again
throughout this course.

Requirement for proper operation of IETS is provided for in Regulation 8 which is reproduced below:

Regulation 8: proper operation of industrial effluent treatment system

(1) An owner or occupier of any premises shall operate and maintain an industrial effluent
treatment system in accordance with sound engineering practice for the treatment of the
industrial effluent or mixed effluent and ensure that all components of the industrial effluent
treatment system are in good working condition.
(2) In this regulation, “sound engineering practice’ means the manner by which industrial
effluent treatment system is operated where the operational characteristics are maintained
within the normal range of values commonly used for the treatment of industrial effluent or
mixed effluent.

2.6 Performance Monitoring

Requirement for sources to conduct performance monitoring of their IETS is provided for in
Regulation 9 which is reproduced below:
Regulation 9: Performance monitoring of effluent treatment system

(1) An owner or occupier of a premises shall: -

(a) Conduct performance monitoring of the components of the effluent treatment system in
the manner as specified in the Guidance Document on Performance Monitoring of
Industrial Effluent Treatment Systems issued by Department of Environment; and
(b) Equip himself or itself with facilities, relevant equipment or instruments for the purpose
of conducting performance monitoring referred to in paragraph (a).

(2) In this regulation, “performance monitoring” means the routine monitoring of certain
characteristics to provide an indication that a treatment process is functional and capable of
treating the industrial effluent or mixed effluent.

Performance monitoring needs to be performed in accordance with the procedure specified in the
Guidance Document on Performance Monitoring of IETS. The industries need to acquire the relevant
equipment to enable their IETS team to perform performance monitoring activities as specified in
the Guidance Document.

2.7 Competent Person

Industries are required to employ qualified and trained personnel to supervise the operation of their
IETSs. The IETS personnel must attend the training program implemented by EiMAS to obtain the
required knowledge and skills to be certified as competent persons to enable them to supervise the
IETS operation and comply with the legal requirements as stipulated in regulation 10 of the IER. The
regulation is reproduced below.

Regulation 10: Competent Person

(1) The operation of an industrial effluent treatment system shall be supervised by a

competent person.
(2) A competent person shall be any person who has been certified by the Director General
that he is duly qualified to supervise the operation of an industrial effluent treatment
system.
(3) An owner or occupier of a premises shall ensure that a competent person is on duty at
any time the industrial effluent treatment system is in operation.

IETSs are generally categorized as a biological process or a physical chemical process. The competent
person employed by the industry to supervise the IETS operation must have undergone the relevant
training for the category of IETS he will be in charge of. EiMAS offers two certification training
courses in IETS operation, namely:

(a) Certified environmental professional in IETS operation (CePIETSO) – biological processes

(b) Certified environmental professional in IETS operation (CePIETSO) – physical chemical
processes

Table 2.1 below gives a guide on which course is relevant to the industry’s IETS staff according to the
types of unit operations and processes found in the IETS.

Table 2.1: Common treatment technology and applicable course for the IETS staff

Process Common Technology Process Classification Applicable

 Course
Suspended Conventional activated sludge BP CePIETSO (BP)
growth process (CAS)
Extended aeration activated sludge
(EASS)
Sequencing batch reactor (SBR) BP CePIETSO (BP)
Oxidation ditch BP CePIETSO (BP)
Upflow Anaerobic Sludge Blanket BP CePIETSO (BP)
(UASB)
Fixed film Trickling filter BP CePIETSO (BP)
process
Rotating biological contactor (RBC) BP CePIETSO (BP)
Pond processes Anaerobic lagoon/pond BP CePIETSO (BP)
Facultative pond
Stabilization pond
Sedimentation Sedimentation tank/clarifier PCP CePIETSO (PCP)
Flotation Dissolved air flotation (DAF) BP CePIETSO (PCP)
Precipitations of Coagulation and flocculation PCP CePIETSO (PCP)
metals
Ion exchange Ion exchange column PCP CePIETSO (PCP)
Redox reaction Two stage chromium removal PCP CePIETSO (PCP)
Chemical Alkaline chlorination for cyanide PCP CePIETSO (PCP)
oxidation removal
Membrane Reverse osmosis PCP CePIETSO (PCP)
process
Ultrafiltration PCP CePIETSO (PCP)
Electrodyalisis PCP CePIETSO (PCP)
Electrowinning PCP CePIETSO (PCP)
Gravity Corrugated plate clarifier PCP CePIETSO (PCP)
separation
Gravity Lamella plate clarifier PCP CePIETSO (PCP)
separation

BP = Biological process; PCP = Physical Chemical Process. List of prcess and technology not
exhaustive

If an IETS has several components that can be categorized as biological process (BP) and physical
chemical process (PCP) the IETS staff must attend both courses i.e. CePIETSO BP and PCP. An
exception is biological treatment systems such as the activated sludge system which would typically
include a clarifier for the separation of biological solids, will be categorized principally as a biological
treatment process (BP) hence the IETS industry personnel need to attend only the CePIETSO –
biological treatment course.

2.8 Effluent discharge standards

The main provision dictating the quality of final effluents to be compiled with is Regulation 11, while
the discharge standards for all regulated parameters with the exception of COD are prescribed in the
Fifth Schedule. Regulation 12 stipulates the COD standards which are prescribed in the Seventh
schedule. COD standards are set according to the industry categories (commonly known as sectoral
standards). Both schedules are reproduced below.

Standard A applies to source which discharge into a watercourse where there is water abstraction
point downstream of the discharge point, while standard B applies to sources whose discharge point
is downstream of water abstraction points.

Standard A – Above water abstraction point

Standard B – Below water abstraction point

2.9 Record Keeping

Industries are required to maintain record of:

(a) Manufacturing processes

(b) Operation, maintenance and performance monitoring of the IETS.

The format for the record keeping of the manufacturing process has not been specified but the
format for records on IETS performance monitoring has been stipulated in the Guidance Document
on Performance Monitoring of IETS. Regulation 27 is reproduced below:

Regulation 27: Maintenance of record

(1) An owner or occupier of a premises equipped with the industrial effluent treatment system
shall maintain records of the manufacturing processes, operation, maintenance and
performance monitoring of the industrial effluent treatment system.
(2) The records under sub regulation (1) shall be made available for inspection by the
authorized officer.

2.10 Personnel training

All industry personnel who are involved in the operation of IETS must have the required knowledge
and skills to enable them to perform their duties satisfactorily. These include the technicians,
laboratory staff, etc. who perform various tasks related to the IETS operation, maintenance and
performance monitoring. They need to attend appropriate technical training courses including
courses on environmental regulations and their training records must be maintained for inspection.

EiMAS has not yet develop training programs for the above categories of IETS staff. Regulations 28
on personnel training is reproduced below:

Regulation 28: Personnel training

An owner or occupier of a premises-

(a) Shall ensure his or its employees attend training on environmental requirements and the
best management practices in the operation and maintenance of industrial effluent
treatment system before they begin work.
(b) Shall ensure that the training for his or its employees include retraining on updates for new,
revised and existing requirements and procedures; and
 (c) Shall maintain records of training which shall include the training date, name and position of
employee, training provider and a brief description of training content.

2.11 Relationship between Regulation 8 (proper operation of IETS), Regulation 9 (performance

monitoring) and Regulation 10 (Competent Person)

There is an intimate relationship between regulation 8 (proper operation of IETS), regulation 9

(performance monitoring) and regulation 10 (competent person). For proper operation of the IETS,
the IETS staff needs to conduct performance monitoring to monitor the relevant parameters and
ensure that they are maintained within the acceptable ranges. In order to be able to perform their
duties in an excellent manner the IEST staff needs to possess the required knowledge and skills. The
staff needs to be competent in their job functions hence the requirement for IETS competent
persons. The CePIETSO course administrated by EiMAS with its rigorous and comprehensive training
modules ensures qualified IETS operators/supervisors graduate from the certification program.

2.12 Noncompliances and penalties

Offenses under any provision of the Industrial Effluent Regulations 2009 can be charged in court,
which carry a maximum penalty of RM100,000 or five years imprisonment or both. Regulation 32 of
the IER is reproduced below:

Regulation 32: Penalty

Any person who contravenes regulations 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19,20, 21, 22,
23, 24, 27, 28, 29 and 30 shall be guilty of an offence and shall, on conviction, be liable to a fine not
exceeding one hundred thousand ringgit or to a term of imprisonment for a period not exceeding
five years or to both and to a further fine not exceeding one thousand ringgit a day for every day
that the offence is continued after a notice by the Director General requiring him to cease the act as
specified in the notice has been served upon him.

All offences under IER are also compoundable under the Environmental Quality (Compounding of
Offences) Rules 1978. The maximum compound allowable under the Rules is RM2000.00