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EKC 378

ENV. ENG. & MANAGEMENT


Legislature & Environmental Act
DR. AZAM TAUFIK BIN MOHD DIN
SCHOOL OF CHEMICAL ENG., USM

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• DOE - EQA 1974

• EPA - ???

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EQA 1974
• ENVIRONMENTAL QUALITY ACT 1974
• STOCKHOLM CONFERENCE 1972
• Env. Division is upgraded to Dept. of Env. under
Ministry of Natural Resources and Environment.

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• Minister of Natural Resources & Environment
of Malaysia – Datuk Seri G. Palanivel
• Director General DOE – Dato’ Halimah Hassan

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• EQA 1974 consists of:
• Act (Akta)
• Regulations (Peraturan)
• Orders (Perintah-perintah)
• Rules (Kaedah-kaedah)

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EQA Act 127
• Eight different parts:
• Part I: Preliminary
• Part II: Administration
• Part III: Licences
• Part IV: Prohibition and Control of Pollution
• Part IVA: Control of Scheduled Waste
• Part V: Appeal and Appeal Board
• Part VI: Payment of Cess and Environmental
Fund
• Part VII: Miscellaneous
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Cess???

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Regulations - 25

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Orders - 14

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Rules - 2

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Latest amendment

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Other Associated Legislation

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Summary of EQA 1974
1. Legislation is related to the prevention, abatement,
control of pollution and enhancement of the
environment
2. Industrial activities are required to obtain the
following approvals from the Director General of
Environmental Quality:
– EIA reports (for prescribed activities);
– Site suitability evaluation (for non-prescribed activities);
– Written permission to construct;
– Written approval for installation of incinerator, fuel
burning equipment and chimney;
– License to use and occupy (for prescribed premises)

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3. Prescribed premises (CPO mill, natural rubber processing mill,
treatment and disposal of scheduled waste):
– must obtain license to occupy and use;
– prescribe a vehicle or ship used in the movement of waste (called
prescribe conveyance);
– fine for non-compliance is max. RM50k or jail up to 2 years or both;
– prior written permission to construct building or work on vehicle must
be obtained;
– plans for buildings must be submitted for approval to the DG.

4. The Minister may specify conditions for emission, discharge or


deposit of environmentally hazardous substances, pollutants or
wastes or the emission of noise into any area, segment or element
of the environment

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5. Penalty for atmospheric pollution is max. RM100k or jail term of
up to 5 years or both.

6. Penalty for noise pollution is max. RM100k or jail term of up to 5


years or both.

7. A person is deem to have pollute any soil or surface of land if:


– places in or on any soil or in any place where it may gain access to soil
any matter whether liquid, solid or gaseous;
– establish a refuse dump, garbage tip, soil and rock disposal site, sludge
deposit site, waste injection well for disposal of solid or liquid waste so
as to be obnoxious or offensive to human beings or interfere with
underground water or detrimental to soil;
– Penalty is max. RM100k or jail term of up to 5 years or both;

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8. A person is deem to have pollute any inland waters if:
– places waste in or on any waters or in any place where it may gain access to
water;
– places any waste in a position where it can gain access to water;
– causes the temperature of the receiving waters to be raised or lowered by
more than the prescribed limits;
– Penalty is max. RM100k or jail term of up to 5 years or both

9. Penalty for discharge of oil in Malaysian waters exceeding acceptable


conditions is max. RM500k or jail term of up to 5 years or both

10. Penalty for discharge of environmentally hazardous substances,


pollutants or waste in Malaysian waters exceeding acceptable conditions
is max. RM500k or jail term of up to 5 years or both

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11. Minister may prohibit the use of any material or equipment for process, trade or
industry

12. Minister may prescribe any substance as environmentally hazardous substance


and control its use and management

13. Minister may specify guidelines and procedures on deposit and rebate schemes
in connection with the disposal of products that are considered environmentally
unfriendly or causing adverse constraint on the environment

14. The DG, to control the emission of environmentally hazardous substances,


pollutants or waste, has the power to direct the owner:
– to install, operate, repair, replace control equipment;
– erect or increase height of chimney;
– measure or sample pollutants;
– conduct study of environmental risk;
– install, maintain and operate monitoring programme;
– measures to reduce or remove pollution.

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15. Any person who contravenes the notice issued in item 14 is liable to a
fine of RM25k or jail up to 2 years or both

16. The Minister may direct the DG to issue an order to the occupier to
cease all acts that cause the pollution

17. Any person who contravenes item 16 is liable to a fine of RM50k or jail
up to 2 years or both

18. The DG may direct the occupier of a premises, even if is not a prescribed
premise, or ship or vehicle to conduct an environmental audit

19. For prescribed activities EIA report to the DG must be submitted before
approval is given by the relevant approving activity

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20. Prior written approval of the DG is required:
– to place, deposit or dispose of scheduled waste except at prescribed
premises;
– receive or send scheduled waste in or out of Malaysia;
– transit any scheduled waste;

21. Any person who is aggrieved by the conditions set by the DG on


his EIA submission may appeal to the Appeal Board

22. For the purpose of conducting, promoting or co-ordinating


research, the Minister may impose a cess or set up an
Environmental Fund on waste generated

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23. The DG may issue notices to occupier of premises or vehicle or ship or aircraft to furnish
information on the equipment or products handled

24. The DG or an authorised officer may stop, board, search, enter a premise, ship, vehicle,
aircraft

25. The DG or an authorised officer may examine a person in order to carry out investigation

26. Any vehicle or ship used in transportation of waste that is unapproved can be seized by the
DG and forfeited and sold after judgement

27. DG may recover cost from the person responsible for the pollution to mitigate the pollution

Adapted from: SKC Cemerlang Technical Sdn Bhd, Malaysia

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EPA - USA
• EPA offices
– Office of the Administrator (OA)
– Office of Administration and Resources Management (OARM)
– Office of Air and Radiation (OAR)
– Office of Chemical Safety and Pollution Prevention (OCSPP)
– Office of the Chief Financial Officer (OCFO)
– Office of Enforcement and Compliance Assurance (OECA)
– Office of Environmental Information (OEI)
– Office of General Counsel (OGC)
– Office of Inspector General (OIG)
– Office of International and Tribal Affairs (OITA)
– Office of Research and Development (ORD)
– Office of Solid Waste and Emergency Response (OSWER)
– Office of Water (OW)

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Air
• 1955: Air Pollution Control Act PL 84-159
• 1963: Clean Air Act PL 88-206
• 1965: Motor Vehicle Air Pollution Control Act PL 89-
272
• 1966: Clean Air Act Amendments PL 89-675
• 1967: Air Quality Act PL 90-148
• 1969: National Environmental Policy Act PL 91-190
• 1970: Clean Air Act Extension PL 91-604
• 1976: Toxic Substances Control Act PL 94-469
• 1977: Clean Air Act Amendments PL 95-95
• 1990: Clean Air Act Amendments PL 101-549
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Water
• 1948: Water Pollution Control Act PL 80-845
• 1965: Water Quality Act PL 89-234
• 1966: Clean Waters Restoration Act PL 89-753
• 1969: National Environmental Policy Act PL 91-190
• 1970: Water Quality Improvement Act PL 91-224
• 1972: Federal Water Pollution Control Amendments of 1972 PL 92-500
• 1974: Safe Drinking Water Act PL 93-523
• 1976: Toxic Substances Control Act PL 94-469
• 1977: Clean Water Act PL 95-217
• 1987: Water Quality Act PL 100-4
• 1996: Safe Drinking Water Act Amendments of 1996
• 2000: Clean Water Act 65 FR 24641
• 2006: Long Term 2 Enhanced Surface Water Treatment Rule (also
"LT2ESWTR" or simply "LT2") 71 FR 654

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Hazardous Waste
• 1965: Solid Waste Disposal Act PL 89-272
• 1969: National Environmental Policy Act PL 91-190
• 1970: Resource Recovery Act PL 91-512
• 1976: Resource Conservation and Recovery Act PL 94-580
• 1980: Comprehensive Environmental Response, Compensation, and
Liability Act ("Superfund") PL 96-510
• 1982: Nuclear Waste Repository Act PL 97-425
• 1984: Hazardous and Solid Wastes Amendments Act PL 98-616
• 1986: Superfund Amendments and Reauthorization Act PL 99-499
• 2002: Small Business Liability Relief and Brownfields Revitalization
Act ("Brownfields Law") PL 107-118

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Misc.
• Land
• Endangered species

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Others
• How about France?
• Iraq?

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Ethics
• The birth of environmental ethics as a force is
partly as a result of concern for our own long-
term survival, as well as our realization that
humans are but one form of life, and that we
share our earth with other forms of life
(Vesilind, 1975).

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Environmental code of ethics

• Environmental stewardship

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Real-world scenario

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