MODULE 3

Legislations and Policy

MODULE 3: Environmental Quality(Scheduled Wastes) Regulations 2005 and Other
Relevant Environmental Related Legislations Made under EQA 1974
Contents:
• Environmental Quality Act, 1974 (EQA)
• Environmental Quality (Scheduled Wastes) Regulations 2005

At the end of this training module, the participants will be able to:
1. Identify the relevant provisions under Environmental Quality Act (EQA)1974
pertaining to scheduled wastes
2. Describe the legal requirements of the Environmental Quality (Scheduled
Wastes)Regulations 2005 and Environmental Quality (Prescribed Premises)
(Scheduled Wastes Treatment and Disposal Facilities) Regulations
1989(Amendment) 2006 & Order (Amendment) 2006
3. Identify and describe other environmental legislations made under
Environmental Quality Act 1974 which are related to scheduled wastes
ENVIRONMENTAL QUALITY ACT, 1974 (ACT 127)

• Gazetted: 14 March 1974.

• Came into force: 1975
• An Act relating to the prevention, abatement, control of
pollution and enhancement of the environment
• Regulations and Order
 Provisions of EQA 1974 Related to Scheduled
Waste Management

• Section 34B: Control of Scheduled Wastes

• Section16: Licence Conditions
• Section 18. Prescribed premises to be licenced
• Section 19: Written permission to construct facility
• Section 49A 1 (b): Competent Person
• Section 37A: Power of investigation
• Section 37C: Power of arrest
• Section 46A: Power to seize.
• Section 46B: Power to forfeit and dispose of
• Section 48: Power to detain and sell.
• Section 48AB: Presumption
 SECTION 34B -
PROHIBITIONAGAINSTPLACING, DEPOSIT,
ETC., OF SCHEDULED WASTES
34B. (1) No person shall-
• (a) place, deposit or dispose of, or cause or permit to place, deposit or dispose of,
except at prescribed. premises only any scheduled wastes on land or into Malaysian
waters;
• (b) receive or send or cause or permit to be received or sent any scheduled wastes in
or out of Malaysia; or
• (c) transit or cause or permit the transit of scheduled wastes, without any prior
written approval of the Director General.
(2) The Director General may grant the written approval either subject to conditions or
unconditionally
(3) For the purpose of this Act, any act of receiving or sending, or transit of any
scheduled wastes with an approval obtained through falsification, misrepresentation or
fraud or which does not conform in a material way with the relevant documents in such
form as may be prescribed, shall be an offence.
(4) Any person who contravenes this section shall be guilty of an offence and shall be
liable to imprisonment for a period not exceeding five years and a fine not exceeding
five hundred thousandMANDATORY
ringgit. IMPRISONMENT SINCE30 August
2007
Section 43:
Section 43: Offences by bodies of persons and by
servants and agents
• A director, manager, or other similar officer or a
partner of the company, firm, society or other body
of persons or was purporting to act in such capacity
shall be deemed to be guilty of that offence under
the Environmental Quality Act, 1974.
• A CEO or director or manager, or other officer is
chargeable for the offence
Section 49: Competent Person
Section 49: "competent person“
49A. (1) An owner or occupier of a premise shall employ a person who has been
certified by the Director General as a competent person to conduct all or any of the
following activities:
(a) the operation of a control equipment;
(b) the management of scheduled wastes;
(c) the conduct of studies;
(d) the preparation and submission of reports, plans, proposals, engineering
drawings or other documents relating to environmental matters.
(2) The reports, plans, proposals, engineering drawings or other documents
relating to environmental matters referred to in paragraph(1)(d) shall be prepared
and submitted by the competent person to the Director General.

• EiMAS has developed competency training programmes for the industries in the
management of scheduled wastes, to fulfil the requirement of Section 49(A)1 for
a premise/ owner to engage "competent person“
• Course For Certified Environmental Professional InScheduled Waste
Management (CePSWaM).
Section 41:Penalty
• Penalty under Section 41:Penalty for offences not
otherwise provided for.
• Shall be liable to a fine not exceeding ten thousand
ringgit or to imprisonment not exceeding two years
or to both.
Regulations or Order under the Environmental QualityAct, 1974,
pertaining to Scheduled Wastes
1. Environmental Quality (Scheduled Wastes)Regulations, 2005.
• Scheduled Wastes management, responsibility of waste generator,
penalty*
2. Environmental Quality (Treatment and Disposal Facilities)
(Scheduled Wastes) Order, 1989(Amendment) 2006.
3. Environmental Quality (Treatment and Disposal Facilities)
(Scheduled Wastes) Regulations, 1989(Amendment) 2006
• List of Prescribed Premises for Scheduled Wastes.
• Responsibility of Prescribed Premises, Written Permission (KB),License,
fee, penalty
4. Environmental Quality (Prescribed Conveyance)(Scheduled
Wastes) Order 2005.
• List of Prescribed Conveyance transportation of scheduled wastes.
5. Environmental Quality (Prescribed Activity)(Environmental
Impact Assessment)Order 2015.
• List of Prescribed Activities for Scheduled Wastes
Environmental Quality (Scheduled Wastes)Regulations
2005
• Came into force on 15 August 2005
• Replacing previous Environmental Quality(Scheduled
Wastes) 1989 Regulations

OBJECTIVES OFENVIRONMENTAL QUALITY (SCHEDULED

WASTES) REGULATIONS 2005
• To ensure proper management of scheduled wastes
• To prevent pollution of scheduled wastes into the
environment.
• To monitor the movement of scheduled wastes and to
ensure that scheduled wastes are handled at licensed
facility.
 CONTENTS OF ENVIRONMENTAL QUALITY (SCHEDULED WASTES)
REGULATIONS 2005
• Regulation 1. Citation and commencement
• Regulation 2. Interpretation
• Regulation 3. Notification of the generation of scheduled wastes
• Regulation 4. Disposal of scheduled wastes
• Regulation 5. Treatment of scheduled wastes
• Regulation 6. Recovery of material or product from scheduled wastes
• Regulation 7. Application for special management of scheduled wastes
• Regulation 8. Responsibility of waste generator
• Regulation 9) Storage of scheduled wastes
• Regulation (10) Labelling of scheduled wastes
• Regulation (11) Waste generator shall keep an inventory of scheduled wastes
• Regulation 12. Information to be provided by waste generator, contractor and occupier
of prescribed premises
• Regulation (13) Scheduled wastes transported outside waste generator's premises to be
accompanied by information
• Regulation 14. Spill or accidental discharge
• Regulation 15. Conduct of training
• Regulation 16. Compounding of offences
Regulations 2. Interpretation

• "scheduled wastes" meansany wastefalling within the

categories of

CHARACTERISTICS OF SCHEDULED WASTES

1. Ignitable
2. Corrosive
3. Toxic
4. Reactive
5. Infectious
 First Schedule: 5 groups, 77 schedules wastes codes

First
Schedule

SW1 SW2 SW3 SW4 SW5

Other wastes
Wastes Wastes Wastes which
containing containing 1 code
may contain
principally principally either
Metal and inorganic organic inorganic or
metal-bearing constituents constituents organic
wastes which may which may constituents
10 codes contain metals contain metals
and organic and inorganic 32 codes
materials materials
7 codes 27 codes
Regulations 2. Interpretation
• "waste generator" means any person who generates scheduled wastes.
• "contractor" means any person licensed by the Director General of Environmental Quality
under subsection 18(1A) of the Act
• 18(1A) The Minister, after consultation with the Council, may by order prescribe the vehicle or
ship used for the movement, transfer, placement or deposit of wastes (hereinafter referred to as
prescribed conveyance) the use of which by any person shall, unless he is the holder of a licence
issued in respect of the prescribed conveyance, be an offence under this Act.
• "prescribed premises" means premises prescribed by the Environmental Quality
(Prescribed Premises)(Scheduled Wastes Treatment and Disposal Facilities) Order 1989
• "incompatible scheduled wastes" means scheduled wastes specified in the Fourth
Schedule which, when mixed, will produce hazardous situations through heat generation,
fires, explosions or the release of toxic substances;
• "on-site treatment facility" means a facility, other than a scheduled wastes incinerator or
a land treatment facility, located on a waste generator's site and that is used solely to deal
with scheduled wastes produced on that site;

Prescribed Premises
• Off-site recovery facility
• Incinerator
• Off-site treatment facility
• Off-site storage facility
• Secured landfill Licensed by the Department of Environment
Regulation 3. Notification
• The waste generator must notify within 30 days from the date that any
scheduled waste was first generated (Second Schedule)

Regulation 4. Disposal of Scheduled Wastes

• Scheduled waste shall be disposed at prescribed premise only
• Scheduled waste shall be rendered innocuous prior to disposal

Regulation 5. Treatment of Scheduled Wastes

• Treat at prescribed premise only
• Residue after treatment shall be disposed of at prescribed premise only

Regulation 6. Recovery of Scheduled Wastes

• Done at prescribed premises or at on- site recovery facilities
• Residue after recovery shall be Residuals from recovery of material or product
from scheduled wastes shall be treated or disposed of at prescribed premises.
Regulation 7. Application for Special Management of Scheduled Wastes
• Scheduled wastes to be excluded from being treated recovered or disposed of at
prescribed premise shall obtain approval for special management

Regulation 8. Responsibility of Waste Generator

• Scheduled wastes shall be stored, treated, recovered in a proper manner.
• Scheduled wastes shall be delivered and received safely at prescribed premise for
treatment, disposal and recovery
• Scheduled wastes shall be packaged, labeled and transported in accordance to
prescribed guidelines
Regulations 9. Storage of Scheduled Wastes
1. Stored in appropriate containers
• Durable container
• Compatible waste
• Leak-proof
• No corrosion or tear
• Container shall always be closed
• Robust to withstand transportation
2. Incompatible scheduled wastes stored in separate containers
3. Containers shall always be closed
4. Areas of storage (Accordance to the Guidelines)
5. Stored for not more than 180 days or/and accumulated quantity not more than 20
tones whichever comes first.not to more?
6. Stored for more than 20 metric tonnes - apply to the Director General of DOE

Regulations 10. Labelling of Scheduled Wastes

• Containers shall be labelled clearly as specified in 3rd Schedule and marked with
scheduled wastes codes as specified in 1st Schedule
• Labels are not allowed to be altered
Regulation 11. Inventory of Scheduled Wastes
• Keep scheduled wastes inventory in accordance with 5 th Schedule for a period of three years

Regulation 12. Information to be Provided

• Information of scheduled wastes to be completed in accordance with 6th Schedule by generator,
contractor and receiver
• Waste generators shall submit within 30 days from the date of transportation
• Waste receiver shall submit information of received wastes within 20 days from the date of receipt
• Requirement for using E-SWIS by DOE
• Registration with state DOE
• Electronic system for the transportation of scheduled wastes from waste generator to waste receiver

Regulation 13. Transport of Scheduled Wastes must be accompanied by Information

• Waste generator shall provide, information in accordance with 7 th Schedule (waste card) to the
contractor together with the wastes.
• Waste generator shall inform the contractor the purpose and use of 7 th Schedule
• Transport of Scheduled Wastes must obtain Approval - prior to any collection of scheduled waste
from any waste generator, the waste receiver must obtain a written approval from DOE by using TWG
form. This requirement is included as one of the conditions imposed in the license given to a
prescribed premise.
Regulation 14. Spill or Accidental Discharge
• In the event of spill or accidental discharge, the contractor is responsible to
inform the authority immediately, to do clean-up and to study the impact due to
the spill or discharge.
• Waste generator to provide technical expertise to assist in the clean-up
operation.

Regulation 15. Conduct of Training

• Training to be provided by waste generator to all employees involved in
scheduled wastes management.
• Training includes identification, handling, labelling, transportation and spillage.

Regulation 16. Compounding of offences

• Every offence in the regulations is liable to be compounded not exceeding
RM2,000.
 Environmental Quality
(Prescribed Premises)
(Scheduled Wastes Treatment And
Disposal Facilities)
Regulations 1989

(Amendment) 2006
 Environmental Quality (Prescribed Premises)(Scheduled Wastes
TreatmentAnd Disposal Facilities)Regulations 1989(Amendment) 2006

Regulation 6 : Inventory
• Owner of prescribed premise shall: keep accurate and up-to-date inventory of
scheduled wastes submit inventory of scheduled wastes within 14 days after the end
of every period of three months to the Director General
• The inventory shall cover the types and quantities of scheduled wastes:-
• Received
• Stored
• Treated
• Recovered
• Destroyed
• Disposed
 Environmental Quality
(Prescribed Premises)
(Scheduled Wastes Treatment And
Disposal Facilities)
Order 1989

(Amendment) 2006
 Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment And Disposal Facilities) Order 1989
(Amendment) 2006

ORDER 3: Scheduled wastes prescribed premises to

be licensed:-
• Offsite storage facilities
• Offsite treatment facilities
• Offsite recovery facilities
• Scheduled waste incinerators
• Land treatment facilities
• Secure landfills
Section 34A, Environmental
Quality Act, 1974
Section 34A
Requires the Project Proponent of a Prescribed Activity to submit a
report of the Environmental Impact Assessment (EIA) to the Director
General of Environmental Quality for approval.

EIA Report must:

• be prepared by qualified person registered with DOE.
• be prepared in accordance with relevant guidelines
• be in accordance with the development plan or physical plan approved
by the relevant approving authority
• contain an assessment of the impact of the Prescribed Activity on the
environment;
• detail the proposed measures that shall be executed
Environmental Quality
(Prescribed Activities)
Environmental Impact
Assessment) Order, 2015
Environmental Quality (Prescribed
Activities)Environmental Impact Assessment) Order,
2015
PRESCRIBED ACTIVITIES
• The activities specified in the First Schedule and the
Second Schedule of the ElA Order, 2015, are
prescribed activities.
• The activities in the First Schedule - do not require
public display and public comment unless
otherwise instructed, in writing, by the Director
General.
• The activities specified in the Second Schedule
require public display and public comment.
 Environmental Quality (Prescribed
Activities)Environmental Impact Assessment) Order,
2015

First No public
Schedule display
PRESCRIBED Scheduled
ACTIVITIES waste
Second Public
Schedule display

First Schedule
(i) Construction of recovery
plant (off-site
(ii) Construction of
wastewater treatment
plant (off-site)
(iii) Construction of storage
facility (off-site)
Second Schedule
i. Construction of thermal treatment plant.
ii. Construction of off-site recovery plant for
lead acid battery wastes
iii. Construction of off-site recovery plant or
treatment facility that generates significant
amount of wastewater which is located
upstream of public water supply intake.
iv. Construction of secure landfill facility.
E-
Wastes
WASTE ELECTRICAL AND ELECTRONIC
EQUIPMENT (WEEE)
• Code: SW110
• Description: Waste from electrical and electronic
assemblies containing components such as
accumulators, mercury- switches, glass from cathode-
ray tubes and other activated glass or polychlorinated
biphenyl capacitors, or contaminated with cadmium,
mercury, lead, nickel, chromium, copper, lithium, silver,
manganese or polychlorinated biphenyl
• Example of Waste: Discarded television sets, radios, air
conditions, computers, printers, Photocopy machines,
facsimile machines, rejected printed circuit boards, etc
• Typical source: Households, commercials, factories,
industries, etc..
SW 110: Electrical and
Electronic Wastes (E-Waste)
Constituents in E-Waste • Precious
• Hazardous • Palladium
• Cadmium • Platinum
• Chromium • Gold
• Lead • Silver
• Antimony • Copper
• Arsenic
• Mercury
• Lithium
• Selenium
• Brominated flame
• Retadants