PP 101 Tahun 2014 English Version

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 101 YEAR 2014 ON HAZARDOUS AND TOXIC WASTE MANAGEMENT WITH THE BLESSING OF THE ONE ALMIGHTY GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: that in order to implement the provisions in Article 59 paragraph (7) and Article 61 paragraph (3) of Act Number 32 Year 2009 on Environmental Protection and Management, it is deemed necessary to stipulate a Government Regulation on Hazardous and Toxic Waste Management; Bearing in mind: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia Year 1945; 2. Act Number 32 Year 2009 on Environmental Protection and Management (State Gazette of the Republic of Indonesia Year 2009 Number 140, Supplement State Gazette of the Republic of Indonesia Number 5059); HAS DECIDED:

To stipulate: THE GOVERNMENT REGULATION ON HAZARDOUS AND TOXIC WASTE MANAGEMENT. CHAPTER I GENERAL PROVISIONS Article 1 In this Government Regulation, what is meant by: 1. Hazardous and Toxic Materials, which may be abbreviated as HTM, is any substance, energy, and/or other component which due to its nature, concentration, and/or quantity can directly or indirectly, contaminate, damage the environment, and/or endanger the environment, health, and lives of man and other living creatures. 2. Waste consists of the remaining materials from a venture and/or activity. 3. Hazardous and toxic waste, which may further be referred to as Hazardous Waste or HW, is the waste from a venture and/or activity that contains hazardous materials. 4. Toxicity Characteristic Leaching Procedure, abbreviated as TCLP, is a laboratory procedure used to predict the potential leaching of hazardous and toxic substances from waste material. 5. Lethal Dose-50 toxicology test, further referred to as LD50, is a biological test to measure the dosage-response relationship between hazardous waste and the death of test animals which produces 50% (fifty per one hundred) death response in test animals. 6. The symbols of hazardous waste are pictures indicating the characteristics of the hazardous waste material. 7. The labels for hazardous waste contain information about the hazardous waste in writing, with details regarding the generator of the hazardous waste, address of the said generator, the time of packaging, quantity, and characteristics of the hazardous waste concerned. 8. Labeling the hazardous waste is the process of marking or affixing signs or labels onto the direct packaging or container of the waste. 9. Export of hazardous waste is the process of taking the Hazardous Waste out of the customs area of Indonesia.

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10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

23. 24. 25. 26.

27. 28. 29.

Notice of hazardous waste Export is a prior notice from the authorities of the exporting country to the authorities of the receiving country before the border crossing for hazardous waste is to be relocated. Hazardous waste management is an activity which includes reducing, storing, collecting, transporting, utilizing, processing, and/or disposing of the hazardous waste. Dumping (disposal) is the throwing away, placing, and/or entering of the waste and/or materials in certain amount, concentration, time, and certain location, with certain requirements, into a certain environment. Reducing fazardous waste is the effort of a venture and or activity that generates hazardous waste to reduce the amount and or reduce the hazardous nature and or toxicity of the waste, before it is generated by the venture and or activity. The hazardous waste generator is any person whose venture and or activity generates hazardous waste. A hazardous waste collector is a corporate body engaged in collection activity, that is the collecting of hazardous waste before it is sent to the place of processing and/or place where it is to be used and/or place of disposal of the hazardous waste. A hazardous waste transporter is a corporate body which is engaged in the transporting of hazardous waste. A hazardous waste user is a corporate body which is engaged in utilizing hazardous waste. A hazardous waste processor is a corporate body which is engaged in the processing of hazardous waste. A hazardous waste disposal company is a corporate body which is engaged in the disposal of hazardous waste. Hazardous waste storage is the storing of hazardous waste by a hazardous waste generator, as temporary storage for the hazardous waste that it generates. Hazardous waste collection is the collecting of hazardous waste from the generator of hazardous waste for temporary storage before it is delivered to the user, processor, and/or disposal company. Hazardous waste utilization consists of re-using, re-cycling, and/or recovery with the intention of changing the hazardous waste into a product that can be used, as a substitute raw material, auxiliary material and/or fuel that is safe for the environment and for human health. Hazardous waste processing is the process of reducing and/or eliminating the hazardous nature and/or toxicity of the waste. Hazardous waste disposal is the placement of hazardous waste in a disposal facility so that it will not endanger human health and the environment. Emergency Response System is a system for controlling emergencies which includes prevention, preparedness, handling accidents and recovering the quality of the environment that had been damaged by a hazardous waste accident. Environmental permit is a permit issued to any person engaged in a venture and/or activity who is required by act to conduct an Environmental Impact Assessment or Environmental Management Efforts (UKL) and Environmental Control Efforts (UPL) in the context of protecting and managing the environment and as a pre-requisite to obtaining a permit for its business venture and/or activity. Contamination of the environment is the entry or introduction of a living creature, a substance, energy, and/or other component into the environment by human activities that exceeds the standard for good environmental quality. Environmental damage is a direct and/or indirect change to the physical nature, chemical qualities, and/or biological aspects of the environment, exceeding the standard criteria for environmental damage. Environmental damaging is human action causing direct and/or indirect change to the physical nature, chemical qualities, and/or biological aspects of the environment exceeding the standard criteria for environmental damage.

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30. 31. 32. 33.

34. 35. 36. 37.

Management of pollution and/or environmental damage is a method or process to overcome the effects of pollution and/or damages in the environment. The recovery of environmental functions is a series of activities handling contaminated land covering planning, implementation, evaluation and monitoring to recover environmental functions caused by Environmental Pollution and/or Environmental Damage. Environmental Supervisor, further abbreviated as EnvS, is a civil servant assigned with the task, authority, obligation, and responsibility to carry out supervision and control of the environment in accordance with the acts and regulations in effect. Regional Environmental Supervisor, further abbreviated as Reg EnvS, is a civil servant at the regional level who is assigned with the task, authority, obligation and responsibility to carry out supervision and control of the environment in accordance with the acts and regulations in effect. A person is an individual or a corporate body, which may be in the form of a legal entity or a non legal entity. Regional government is the governor, district head/mayor, and regional apparatus as the elements in conducting regional governance. Central Government, which shall further be referred to as “Government” is the President of the Republic of Indonesia who holds the power of governance in the State of Republic of Indonesia, as meant in the 1945 Constitution of the Republic of Indonesia. Minister is the minister handling governmental affairs in the area of environmental protection and management. Article 2

This Government Regulation shall regulate: a. the determination of hazardous waste; b. hazardous waste reduction; c. hazardous waste storage; d. hazardous waste collection; e. hazardous waste transport; f. hazardous waste utilization or use; g. hazardous waste processing; h. hazardous waste disposal; i. hazardous waste dumping; j. hazardous waste exceptions; k. hazardous waste border crossing; l. management of environmental pollution and/or damage and recovery of the environmental functions; m. emergency response system in hazardous waste management; n. guidance; o. supervision; p. financing; and q. administrative sanctions, CHAPTER II DETERMINATION OF HAZARDOUS WASTE Article 3 (1) (2)

Any person who generates hazardous waste will be required to manage the hazardous waste generated. Hazardous waste as meant in paragraph (1) can be divided according to the category of hazard, into:

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(3)

(4)

a. hazardous waste category 1, and b. hazardous waste category 2. The hazardous waste as meant in paragraph (2) can be divided according to its source, into: a. hazardous waste from a non specific source; b. hazardous waste from expired hazardous waste, spilled hazardous waste, hazardous waste that fails to meet the specifications of the product being thrown away, and used/old hazardous waste containers/packaging; and c. hazardous waste from a specific source. Hazardous waste from a specific source as meant in paragraph (3) point c includes: a. hazardous waste from a general specific source; and b.hazardous waste from a special specific source. Article 4

Hazardous waste as referred to in Article 3 is hazardous waste as defined in Appendix I which forms an inseparable part of this Government Regulation. Article 5 (1)

(2)

(3)

(4)

In the event of waste that is not included in the list of hazardous waste materials as given in Appendix I which is an inseparable part of this Government Regulation, and is indicated as having characteristics of hazardous waste, then the Minister shall require that a test on characteristics be carried out in order to identify the waste as: a. hazardous waste category 1; b. hazardous waste category 2; or c. non hazardous waste. The characteristics of hazardous waste as referred to in paragraph (1) are: a. explosive; b. flammable; c. reactive; d. infectious; e. corrosive; and/or f. toxic. Test on characteristics to identify Waste as category 1 Hazardous Waste as referred to in paragraph (1) letter a covers tests: a. Explosive, flammable, reactive, infectious, and/or corrosive characteristics in accordance with test parameters as listed in Appendix II that is an integral part of this Government Regulation; b. Toxic characteristics through TCLP to determine whether the tested Waste contains a higher concentration of contaminants than the contaminant concentration in column TCLP-A as listed in Appendix III that is an integral part of this Government Regulation; and c. Toxic characteristics through the LD50 Toxicology Test to determine whether the tested Waste has an LD50 Toxicology Test value smaller than or equal to 50 mg/kg (fifty milligrams per kilogram) of the body weight of test animals. Test on characteristics to identify Waste as category 2 Hazardous Waste as referred to in paragraph (1) letter b covers tests: a. Toxic characteristics through TCLP to determine whether the tested Waste contains a contaminant concentration smaller than or equal to the contaminant concentration in column TCLP-A and contains a contaminant concentration higher than the concentration contaminant in column TCLP-B as listed in Appendix III that is an integral part of this Government Regulation;

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(5) (6)

b.Toxic characteristics through the LD50 Toxicology Test to determine whether the tested Waste has an LD50 Toxicology Test value higher than 50mg/kg (fifty milligrams per kilogram) of the body weight of test animals and smaller than or equal to 5000 mg/kg (five thousand milligrams per kilogram) of the body weight of test animals; and c. Toxic characteristics through a sub-chronic toxicology test in accordance with test parameters as listed in Appendix II that is an integral part of this Government Regulation. The test on characteristics as meant in paragraph (3) and paragraph (4) is sequentially conducted. Further provisions regarding the methods of testing the characteristics of waste shall be regulated by a Ministerial Regulation. Article 6

(1) (2)

In conducting the tests on characteristics as meant in Article 5, the Minister shall use laboratories accredited for each of the respective tests. In the event such accredited laboratory or laboratories as meant in paragraph (1) are not yet available, the tests on characteristics must be conducted in a laboratory that applies procedures complying with the Indonesian National Standard for laboratory testing. Article 7

(1) (2)

(3) (4) (5)

(6)

(7)

The Minister, after receiving the results of the test on characteristics as meant in Article 5, assigns the hazardous waste expert team to conduct an evaluation on the results of the test on characteristics. The evaluation by the hazardous waste expert team as meant in paragraph (1) covers identification and analysis on: a. Results of the waste characteristics test; b. Production process in businesses and/or activities producing Waste; and c. Raw materials and/or supplements used in the production process. The evaluation as meant in paragraph (2) is conducted no later than 90 (ninety) working days since the Minister gives the assignment. The Hazardous Waste expert team submits the recommendation of the evaluation results to the Minister no later than 14 (fourteen) working days since the evaluation results are identified. The recommendation as meant in paragraph (4) at least contains: a. identity of Waste; b. basic consideration of recommendation; and c. conclusion of the evaluation results on the Waste characteristic test results. In terms of the results of the evaluation on Waste indicating Hazardous Waste characteristics that fulfill the provisions as meant in Article 5 paragraph (3) or paragraph (4), the recommendation of the Hazardous Waste expert team contains a statement that the Waste is: a. category 1 hazardous waste; or b. category 2 hazardous waste. In terms of the results of the evaluation on Waste not indicating Hazardous waste characteristics that fulfill the provisions as meant in Article 5 paragraph (3) or paragraph (4), the recommendation of the hazardous waste expert team contains a statement that the Waste is nonHazardous. Article 8

(1) (2)

The Hazardous Waste expert team as meant in Article 7 paragraph (1) is formed by the Minister. The Hazardous Waste expert team as meant in paragraph (1) consists of: a. chairman;

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(3)

(4)

b. secretary; and c. members. The structure of the Hazardous Waste expert team as meant in paragraph (1) at least consists of experts in the field of: a. toxicology; b. human health; c. industrial process; d. chemistry; e. biology; and f. other experts determined by the Minister. Further provisions regarding the working procedures of the Hazardous Waste expert team are stipulated in the Ministerial Regulation. Article 9

(1)

(2)

The Ministers holds coordination meetings with ministries or non-ministerial government organizations granting business and/or activity permits or those that provide guidance for businesses and/or activities to discuss the recommendations of the expert team as meant in Article 7 paragraph (4). Based on the outcome of the coordination meetings as meant in paragraph (1), within a maximum period of 7 (seven) work days, the Minister determines the Waste as: a. category 1 hazardous waste; or b. category 2 hazardous waste. CHAPTER III HAZARDOUS WASTE REDUCTION Article 10

(1) (2)

(3) (4)

Any person who generates hazardous waste is required to make efforts to reduce the quantity of hazardous waste. The reduction of hazardous waste as meant in paragraph (1) can be done through: a. substitution of materials; b. modifying the processing; and/or c. using environment-friendly technology. Substitution of materials as meant in paragraph (2) point a can be done by removing the raw material and/or auxiliary material that originally contains hazardous substances to be replaced by raw material and/or auxiliary material that does not contain hazardous substances. Modification of the process as meant in paragraph (2) point b can be done by selecting and applying a more efficient production process. Article 11

(1) (2)

Any person who generates hazardous waste as referred to in Article 10 will be required to submit a written report to the Minister regarding the activity to reduce hazardous waste. The written report as referred to in paragraph (1) must be delivered periodically, at least 1 (one) time in 6 (six) months commencing the time the activity to reduce hazardous waste is initiated. CHAPTER IV HAZARDOUS WASTE STORAGE Article 12

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(1)

Any person who generates hazardous waste is required to provide storage for the hazardous waste. (2) Any person who generates hazardous waste as meant in paragraph (1) is prohibited to mix the hazardous waste kept in storage. (3) To be able to Store Hazardous Waste, Any Person as meant in paragraph (1) is required to have a Hazardous Waste Management permit for Hazardous Waste Storage activities. (4) To obtain a Hazardous Waste Management permit for Hazardous Waste Storage activities, Any Person who generates Hazardous Waste: a. is required to have an Environmental Permit; and b. shall submit a written application to the regent/mayor and attach the permit requirements. (5) The requirements and procedures for the application and issuance of Environmental Permits as meant in paragraph (4) point a are implemented in accordance with the provisions of the legislation. (6) Permit requirements as meant in paragraph (4) point b cover: a. identity of the applicant; b. deed of business entity; c. name, source, characteristics, and amount of hazardous Waste to be stored; d. document explaining about the Hazardous Waste Storage area; e. document explaining about Hazardous Waste packaging; and f. other documents in accordance with the legislation. (7) The requirements for a permit as meant in paragraph (6) point e do not apply for the application of a permit to manage hazardous waste for the storage of hazardous waste category 2 that originates from special specific sources. Article 13 The place for storing hazardous waste as referred to in Article 12 paragraph (6) point d must meet the following criteria: a. it is a location for storing hazardous waste; b. a facility for storing hazardous waste which is appropriate for the quantity and characteristics of the hazardous waste, and completed with efforts to control environmental pollution; and c. the availability of emergency response equipment. Article 14 (1)

The Hazardous Waste Storage Location as meant in Article 13 point a shall be free of floods and not prone to natural disasters. (2) In the case that the Hazardous Waste Storage Location is not free of floods or prone to natural disasters, the Hazardous Waste Storage location shall be engineered with technology for environmental protection and management. (3) The Hazardous Waste Storage Location as meant in paragraph (1) and paragraph (2) shall be under the control of Any Person who generates Hazardous Waste. Article 15

(1) The facility for storing hazardous waste as referred to in Article 13 point b can be in the form of: a. buildings; b. tank and/or container; c. silo d. waste pile; GR101_2014

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e. waste impoundment; and/or f. any other form in accordance with the developments in science and technology. (2) The facility for storage as referred to in paragraph (1) point a, point b, point c, and/or point f can be used for the storage of: a. hazardous waste category 1; b. hazardous waste category 2 from non specific sources and c. hazardous waste category 2 from general specific sources; (3) The facility for storage as referred to in paragraph (1) point a, point c, point d, point e and/or point f can be used for the storage of hazardous waste from special specific sources category 2. Article 16 (1)

(2)

(3)

The facility for storing hazardous waste as referred to in Article 15 paragraph (1) point a should meet at least the following requirements: a. the design and construction should be able to protect the hazardous waste from rain and sunlight; b. it should have lighting and ventilation; and c. there should be a channel or duct for drainage and a receptor basin. The requirements for a hazardous waste storage facility as referred to in paragraph (1) apply also to applications for a permit to manage hazardous waste, that is for storing hazardous waste: a. category 1; and b. category 2 from non specific sources and general specific sources. Hazardous Waste Storage facilities requirements as meant in paragraph (1) point a and point c are applicable for the application of Hazardous Waste Management permits for the storage of category 2 Hazardous Waste from special specific sources. Article 17

The availability of emergency response equipment as referred to in Article 13 point c should include at least: a. fire extinguishers; and b. other appropriate emergency handling equipment. Article 18 Further provisions regarding the details of requirements for a hazardous waste storage place as meant in Article 13 through Article 17 shall be regulated in a Ministerial Regulation. Article 19 (1)

(2) (3)

The packaging of hazardous waste as meant in Article 12 paragraph (6) point e shall be done using packaging which is: a. made from material that is appropriate for the characteristics of the hazardous waste to be stored; b. able to confine the hazardous waste so that it remains inside its container; c. has a strong cover to prevent spilling while the hazardous waste is in storage, being moved or being transported; and d. is in good condition, with no leakage, no corrosion, and not damaged. The packaging of the hazardous waste as referred to in paragraph (1) should have the proper labels affixed thereto, as well as symbols of the hazardous waste. A label for hazardous waste should contain, at the least, information about: a. the name of the hazardous waste;

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(4) (5)

b. identity of the hazardous waste generator; c. the date that the hazardous waste was generated; and d. the date of packing the hazardous waste. The choice of symbol to be used will correspond to the characteristics of the hazardous waste as referred to in Article 5 paragraph (2). Further provisions regarding the method of packaging and affixing labels and symbols of the hazardous waste will be regulated in a Ministerial Regulation. Article 20

(1)

(2) (3)

(4)

The regent/mayor after receiving the application for a permit as referred to in Article 12 paragraph (4) point b shall issue a written statement regarding completeness of the administrative requirements for a permit, within 2 (two) working days after the application is received. After the application is declared complete, the regent/mayor must make verification within 45 (forty five) working days at the latest. In the case that verification results as meant in paragraph (2) indicate: a. the permit application fulfills requirements, the regent/mayor of the city issues the Hazardous Waste Management permit for Hazardous Waste Storage activities no later than 7 (seven) working days since the verification results are identified; or b. the permit application does not fulfill requirements, the regent/mayor of the city rejects the application for the Hazardous Waste Management permit for Hazardous Waste Storage activities attached with the grounds for rejection. The issuance of permit as meant in paragraph (3) point a is announced through print media and/or electronic media no later than 1 (one) working day after the permit is issued. Article 21

(1) (2) (3)

(4) (5) (6) (7)

A hazardous waste management permit for the storage of hazardous waste as meant in Article 20 paragraph (3) point a shall be valid for a period of 5 (five) years and can be extended. The request for extension of a hazardous waste management permit for the storage of hazardous waste should be submitted in writing to the regent/mayor at the latest 60 (sixty) days before expiry of the permit. The request for extension of a permit as referred to in paragraph (2) must include the following: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. the name, source, characteristics and quantity of the hazardous waste stored; d. documents that describe the place of storage of the hazardous waste, in accordance with the provisions as referred to in Article 13 through Article 18; e. documents that describe the packaging of hazardous waste in accordance with the provisions referred to in Article 19; and f. a report on the activity of storing hazardous waste. Applications of permit extension for hazardous waste management for storing hazardous waste category 2 from particular specific sources are exempted from the requirements of permit extensions as referred to in paragraph (3) point e. In the event of a change in the documents referred to in paragraph (3) point a, point b, point c, point d and/or point e, the extension of permit by the regent/mayor shall be issued in accordance with the provisions for issuance of a permit as given in Article 20. When there is no change in the documents referred to in paragraph (3) point a, point b, point c, point d and/or point e, then the regent/mayor shall conduct an evaluation at the latest 10 (ten) working days from the day the request is received. In the event that the evaluation results as meant in paragraph (6) indicate:

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a. the permit extension application fulfills requirements, the regent/mayor issues the application for the Hazardous Waste Management permit extension for Hazardous Waste Storage activities no later than 7 (seven) working days since the evaluation results are identified; or b. the permit extension application does not fulfill requirements, the regent/mayor rejects the application for the Hazardous Waste Management permit extension for Hazardous Waste Storage activities attached with the grounds for rejection. Article 22 (1)

(2) (3) (4) (5) (6)

The holder of a hazardous waste management permit for the storage of hazardous waste shall be obliged to submit a request for changes to be made to the permit, in the event that changes are made to the requirements, which may be: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. the name of the hazardous waste in storage; d. location of the storage place for the hazardous waste; and/or e. design and capacity of the facility for storing hazardous waste. The request to have changes made to the permit must be submitted in writing to the regent/mayor at the latest 30 (thirty) working days after changes have occurred. The request to have changes made to the permit must be accompanied by documents showing that changes had been made to the requirements as referred to in paragraph (1). When changes have been made to the requirements as meant in paragraph (1) point a and/or point b, the regent/ mayor must conduct an evaluation at the latest 7 (seven) working days from the day the request to make changes was received. When changes have been made to the requirements as meant in paragraph (1) point c, point d, and/or point e, the regent/mayor shall conduct an evaluation at the latest 30 (thirty) working days from the day the request to make changes to the permit was received. In the event that evaluation results as referred to in paragraph (4) and paragraph (5) indicate: a. conformity of the data, the regent/mayor shall issue the changes to the permit for hazardous waste management for hazardous waste storage activities at the latest 7 (seven) working days from the day the request to make changes to the permit was received; or b. non conformity of the data, then the district head/mayor shall reject the request to make changes to the permit. Article 23

The period for verification as referred to in Article 20 paragraph (2) and the evaluation as referred to in Article 21 paragraph (6), and Article 22 paragraph (4) and paragraph (5) does not include the time needed by the applicant to revise the documents. Article 24 The Hazardous Waste Management Permit for Hazardous Waste Storage Activities as meant in Article 20 paragraph (3) letter a, Article 21 paragraph (7) point a, and Article 22 paragraph (6) point a at least contains: a. the identity of the permit holder; b. the date of issuance of the permit; c. period of validity of the permit; d. environmental requirements; and e. obligations of the holder of the hazardous waste management permit for storing hazardous waste. Article 25 GR101_2014

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(1) Environmental requirements as referred to in Article 24 point d are concerned at least with: a. ensuring the function of the place for hazardous waste storage as a place for hazardous waste storage; b. storing the generated hazardous waste in the place for hazardous waste storage; c. packaging the hazardous waste materials according to the characteristics of the hazardous waste; and d. affixing the appropriate hazardous waste labels and symbols on the hazardous waste packaging /containers. (2) The environmental requirements as meant in paragraph (1) point c and point d do not apply to the content of a hazardous waste management permit for the storage of hazardous waste category 2 from special specific sources. Article 26 The obligations of a holder of the hazardous waste management permit for storing hazardous waste as meant in Article 24 point e should include at least: a. identifying the hazardous waste that is generated; b. recording the name and amount of hazardous waste generated; c. storing the hazardous waste in accordance with the provisions as meant in Article 12 through Article 25; d. using, processing, and/or disposing of the hazardous waste which is performed by the holder of the permit or delivering the waste to a collector, user, processor, and/or hazardous waste disposal company; e. preparing and delivering a report regarding the storage of hazardous waste; and Article 27 The hazardous waste management permit for the storage of hazardous waste as meant in Article 20 paragraph (3) point a, Article 21 paragraph (7) point a and Article 22 paragraph (6) point a shall expire when: a. the permit validity period expires and no permit extension is conducted; b. it is revoked by the district head/mayor; c. the corporate body holding the permit is dissolved or liquidated; or d. the environmental permit is revoked. Article 28 (1) After issuance of the hazardous waste management permit for storage of hazardous waste, the holder of the permit shall be obligated to: a. meet the environmental requirements and obligations as specified in the hazardous waste management permit for the storage of hazardous waste; b. store the hazardous waste for, at most: 1. 90 (ninety) days from the time the hazardous waste is generated, for hazardous waste generated at the rate of 50 (fifty) kilograms per day or more; 2. 180 (one hundred eighty) days from the time the hazardous waste is generated, for hazardous waste generated at the rate of less than 50 (fifty) kilograms per day, which is hazardous waste category 1; 3. 365 (three hundred sixty-five) days from the time the hazardous waste is generated, for hazardous waste generated at the rate of less than 50 (fifty) kilograms per day, which is hazardous waste category 2 from non-specific sources and from special specific sources; or

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4.

365 (three hundred sixty-five) days from the time the hazardous waste is generated, which is hazardous waste category 2 from special specific sources. c. preparing and delivering a report on the storage of hazardous waste. (2) The report on storage of hazardous waste as meant in paragraph (1) point c should contain at the least: a. the source, name, quantity and characteristics of the hazardous waste; b. the implementation of hazardous waste storage; and c. the use, processing, and/or disposal of hazardous waste which is performed by the holder of the permit and or delivering the waste to a collector, user, processor, and/or hazardous waste disposal company; (3) The report on storage of hazardous waste as referred to in paragraph (2) should be delivered to the district head/ mayor with a copy to the Minister at least 1 (one) time in every 3 (three) months from the day the permit was issued. Article 29 (1)

(2)

(3)

In the event the storage of hazardous waste exceeds the length of time meant in Article 28 paragraph (1) point b, the holder of the hazardous waste management permit for storage of hazardous waste shall be required to: a. utilize (use), process, and/or dispose of the hazardous waste; and/or b.deliver the hazardous waste to another party. The other party, as referred to in paragraph (1) point b may be: a. collector of hazardous waste; b.user of hazardous waste; c. processor of hazardous waste; and/or d. hazardous waste disposal company. In order to be able to store hazardous waste, the other party as referred to in paragraph (2) shall be required to have: a. a hazardous waste management permit for collecting hazardous waste, if the other party is a collector of hazardous waste; b. a hazardous waste management permit for utilizing or using hazardous waste, if the other party is a user of hazardous waste; c. a hazardous waste management permit for processing hazardous waste, if the other party is a processor of hazardous waste; d. a hazardous waste management permit for disposing of hazardous waste, if the other party is a hazardous waste disposal company. Article 30

(1)

(2) (3)

Any person generating hazardous waste who holds a hazardous waste management permit for the storage of hazardous waste is required to obtain a decree for ending activities in the event the person intends to: a. stop the venture and/or activity; or b. change the use of, or move the location and/or facility for hazardous waste storage. In order to obtain such a decree to end its activity, the person as meant in paragraph (1): a. is required to implement the Recovery of Environmental Functions; and b. shall file a written request to the Minister. The application as referred to in paragraph (2) point b must attach: a. the identity of the applicant; b. a report on the hazardous waste storage activity; c. a report on environmental function recovery.

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(4)

The Minister after receiving the application as referred to in paragraph (2) point b, shall make an evaluation of the application and issue a decree to stop all activities, within 30 (thirty) working days after having received the application. CHAPTER V HAZARDOUS WASTE COLLECTION Article 31

(1) (2) (3) (4)

(5)

Any Person who generates Hazardous Waste is required to Collect the Hazardous Waste generated. Any Person who generates Hazardous Waste as meant in paragraph (1) is prohibited: a. to Collect Hazardous Waste that is not generated by them; and b. to mix the collected Hazardous Waste. The collection of hazardous waste is done by: a. segregating the hazardous waste; and b. storing the hazardous waste; and The segregation of hazardous waste as referred to in paragraph (3) point a shall be done according to: a. the name of the hazardous waste as given in Appendix I which is an inseparable part of this Government Regulation; and b. the characteristics of the hazardous waste as meant in Article 5 paragraph (2). The storing of hazardous waste as meant in paragraph (3) point b shall be done in accordance with the provisions for storing hazardous waste as referred to in Article 12 through Article 30. Article 32

(1) (2) (3)

In the event a person who generates hazardous waste materials is unable to collect such hazardous waste himself, then the collecting of the waste must be handed over to a hazardous waste collector. The handing over of hazardous waste to a hazardous waste collector as meant in paragraph (1) shall be effected by written proof of the handover. A copy of the proof of handing over hazardous waste as referred to in paragraph (1), must be delivered to the Minister, governor or regent/mayor in accordance with their authorities at the latest 7 (seven) days after the hazardous waste has been handed over. Article 33

(1) (2)

(3) (4)

In order to be able to collect the hazardous waste, the hazardous waste collector is required to have a hazardous waste management permit for collecting hazardous waste. Hazardous Waste Collectors are prohibited: a. to Utilize Hazardous Waste and/or Process Hazardous Waste for a part or for the entire Hazardous Waste collected; b. hand over Hazardous Waste collected to another Hazardous Waste Collector; and c. mix Hazardous Waste. Prior to obtaining a hazardous waste management permit for collecting hazardous waste, the hazardous waste collector must already hold an environmental permit. The requirements and procedure for application and the issuance of the environmental permit as referred to in paragraph (3) is conducted according to the applicable acts and regulations. Article 34

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(1)

(2)

(3) (4)

The hazardous waste collector who wishes to obtain a hazardous waste management permit for collecting hazardous waste as meant in Article 33 paragraph (1), must submit a written application to : a. the regent/mayor, for the collection of hazardous waste on a district/municipal scale; b. the governor, for the collection of hazardous waste on a provincial scale; c. the Minister, for the collection of hazardous waste on a national scale. The application to obtain a hazardous waste management permit for collecting hazardous waste as meant in paragraph (1) must include: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. the name, source, and characteristics of the hazardous waste to be collected; d. documents that describe the place for storage of the hazardous waste according to the requirements as referred to in Article 13 through Article 18; e. documents that describe the packaging of the hazardous waste concerned according to the provisions as referred to in Article 19; f. the procedure of collecting the hazardous waste; g. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; and h. Other document as required in the acts and regulations. Application for permits on hazardous waste management for hazardous waste collection from a particular specific source category 2 is exempted from the permit application requirement as referred to in paragraph (2) point e. The hazardous waste to be collected as meant in paragraph (2) point c must be able to be utilized and/or processed. Article 35

(1)

(2) (3)

(4)

The Minister, governor, or regent/mayor after receiving an application to obtain a permit as meant in Article 34 shall issue a written statement regarding the completeness of administrative requirements for the application at the latest 2 (two) working days after the application is received. After the application is declared complete, the Minister, governor, or regent/mayor shall make verification within 45 (forty-five) working days at the latest. When the result of verification as referred to paragraph (2) indicates : a. the application for a permit meets all the requirements, the Minister, governor, or regent/mayor must issue a permit at the latest 7 (seven) working days from the day the verification results are known. or b. the application does not meet all the requirements, then the Minister, governor, or regent/mayor shall reject the application for a permit and state the reasons for rejection. The issuance of the permit as referred to in paragraph (3) point a must be announced through multimedia at the latest 1 (one) working day after the permit is issued. Article 36

(1) (2) (3)

The hazardous waste management permit for collecting hazardous waste as meant in Article 35 paragraph (3) point a shall be valid for a period of 5 (five) years and can be extended. The request for extension of a hazardous waste management permit for the collecting of hazardous waste as meant in paragraph (1) should be submitted in writing to the Minister, governor, or regent/mayor at the latest 60 (sixty) days before expiry of the permit. The request for extension of the permit as referred to in paragraph (1) must include the following: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. the name, source, and characteristics of the hazardous waste collected;

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(5) (4) (5) (6)

d. documents that describe the place of storage of the hazardous waste, as referred to in Article 13 through Article 18; e. documents that describe the packaging of hazardous waste as referred to in Article 19; f. procedures in collecting hazardous waste; g. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; and h. report on the activity of collecting hazardous waste. Applications for permit extensions on hazardous waste management for hazardous waste collection from a particular specific source category 2 is exempted from the permit extension application requirement as referred to in paragraph (3) point e. In the event of a change in the documents referred to in paragraph (3) point a, point b, point c, point d, point e and/or point f, the extension of permit by the Minister, governor, or regent/mayor shall be issued in accordance with the provisions for issuance of a permit as meant in Article 35. When there is no change in the documents referred to in paragraph (3) point a, point b, point c, point d, point e and/or point f, then the Minister, governor, or regent/mayor shall conduct an evaluation at the latest 10 (ten) working days from the day the request is received. In the event the results of evaluation as referred to in paragraph (6) indicates that : a. the request for extension of the permit meets the requirements, the Minister, governor, or regent/mayor shall issue the extension of permit at the latest 7 (seven) working days from the day the results of evaluation are known. b. the request for extension of a permit does not meet the requirements, then the Minister, governor, or regent/mayor shall reject the request to extend the permit and state the reasons for rejection. Article 37

(1)

(2) (3) (4) (5) (6)

The holder of a hazardous waste management permit for the collecting of hazardous waste shall be obliged to submit a request for changes to be made to the permit, in the event that changes are made to the requirements, which may be: a. the identity of the applicant; b. the deed of establishment of the corporate body; and/or c. the name of the hazardous waste collected; The request to have changes made to the permit must be submitted in writing to the Minister, governor, or regent/mayor at the latest 30 (thirty) working days after changes have occurred. The request to have changes made to the permit must be accompanied by documents showing that changes had been made to the requirements as referred to in paragraph (1). When changes have been made to the requirements as meant in paragraph (1) point a and/or point b, the Minister, governor, or district head/mayor must conduct an evaluation of such a request at the latest 7 (seven) working days from the day the request to make changes was received. When changes have been made to the requirements as meant in paragraph (1) point c, the Minister, governor, or regent/mayor shall conduct an evaluation of the request to make changes to the said permit at the latest 30 (thirty) working days from the day the request to make changes was received. In the event that evalution results as referred to in paragraph (4) and paragraph (5) indicate: a. conformity of the data, the Minister, governor, or regent/mayor shall issue the changes to the permit at the latest 7 (seven) working days from the day the results of evaluation are known; or b. non conformity of the data, Minister, governor, or regent / mayor reject the request for permit changes on hazardous waste management for hazardous waste collection activities accompanied by the reasons of rejection. Article 38

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a. the location of the place for storing hazardous waste; b. the design and capacity of the facility for storing hazardous waste; and/or c. the scale of hazardous waste collection, the holder of the permit must submit an application for a new permit according to the scale of collecting hazardous waste. Article 39 The period for verification as referred to in Article 35 paragraph (2) and the evaluation as referred to in Article 36 paragraph (6), and Article 37 paragraph (4) and paragraph (5) does not include the time needed by the applicant to revise the documents. Article 40 The hazardous waste management permit for collecting hazardous waste as referred to in Article 35 paragraph (3) point a, Article 36 paragraph (7) point a and Article 37 paragraph (6) point a shall contain at least: a. the identity of the permit holder; b. the date of issuing the permit; c. validity of the permit; d. environmental requirements; and e. obligations of the holder of the hazardous waste management permit for collecting hazardous waste. Article 41 (1) Environmental requirements as referred to in Article 40 point d are concerned at least with: a. collecting hazardous waste according to the name and characteristics of the waste; b. ensuring the function of the place for hazardous waste storage as a place for hazardous waste storage; c. storing the collected hazardous waste in the place for hazardous waste storage; d. packaging the hazardous waste according to the characteristics of the hazardous waste material; and e. affixing the appropriate hazardous waste labels and symbols on the packaging/container. (2) The environmental requirements as meant in paragraph (1) point d and point e do not apply to the content of a hazardous waste management permit for the collecting of hazardous waste category 2 from special specific sources. Article 42 The obligations of a holder of the hazardous waste management permit for the collecting of hazardous waste as meant in Article 40 point e should include at least: a. identifying the hazardous waste that is collected; b. storing the hazardous waste according to the provisions as meant in Article 12 through Article 25; c. segregating the hazardous waste according to the provisions for collecting hazardous waste as meant in Article 31 paragraph (4) ; d. recording the name, source, characteristics and amount of hazardous waste collected; e. preparing and delivering a report on the collecting of hazardous waste. Article 43

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The hazardous waste management permit for the collecting of hazardous waste as meant in Article 35 paragraph (3) point a, Article 36 paragraph (7) point a, and Article 37 paragraph (6) point a shall expire when: a. the permit validity is expired and no extension is conducted; b. it is revoked by the Minister, governor, or regent/mayor; c. the corporate body holding the permit is dissolved or liquidated; or d. the environmental permit is revoked. Article 44 (1) After the hazardous waste management permit for collecting hazardous waste is issued, the holder of the permit shall be obligated to: a. meet the environmental requirements and obligations as specified in the hazardous waste management permit for the collecting of hazardous waste; b. segregate the hazardous waste as meant in Article 31 paragraph (4); c. store the hazardous waste for at most 90 (ninety) days from the day the hazardous waste is delivered and handed over by the person who generated the hazardous waste; and d. prepare and deliver a report on the collecting of hazardous waste. (2) The report on collecting hazardous waste as meant in paragraph (1) point d should contain at least: a. the name, source, characteristics and quantity of the hazardous waste; b. a copy of the proof of delivery and handing over of the hazardous waste by the person as meant in Article 32 paragraph (3); c. the identity of the hazardous waste transporter; d. the implementation of hazardous waste collection; and e. delivery of the hazardous waste to the user, processor, and/or hazardous waste disposal company. (3) The report on collecting hazardous waste as referred to in paragraph (2) should be delivered to the Minister, governor, or regent/mayor in accordance with the hazardous waste management permit for collecting hazardous waste, that is issued, at least 1 (one) time in 3 (three) months from the day the permit is issued. Article 45 (1) (2)

(3)

In the event the collecting of hazardous waste exceeds the period of 90 (ninety) days as referred to in Article 44 paragraph (1) point c, the collector of the hazardous waste shall be obliged to deliver the hazardous waste collected to another party. The other party, as referred to in paragraph (1) can be: a. a user of hazardous waste; b. a processor of hazardous waste; and/or c. a hazardous waste disposal company. In order to be able to collect hazardous waste, the other party as referred to in paragraph (2) is required to have: a. a hazardous waste management permit for utilizing hazardous waste, if the other party is a user of hazardous waste; b. a hazardous waste management permit for processing hazardous waste, if the other party is a processor of hazardous waste; and c. a hazardous waste management permit for disposing of hazardous waste, if the other party is a hazardous waste disposal company. Article 46

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(1)

(2) (3)

(4)

A hazardous waste collector who holds a hazardous waste management permit for the collecting of hazardous waste is required to have a decree for ending activities in the event the collector intends to: a. stop the venture and/or activity; b. change the use of, the location and/or facility for hazardous waste storage; or c. move the location and/or facility for hazardous waste storage. In order to obtain such a decree to end its activities, the person as meant in paragraph (1) must recover the functions of the immediate environment and submit an application to the Minister in writing. The application as referred to in paragraph(2) must attach: a. the identity of the applicant; b. a report on the hazardous waste storage activity; and c. a report on environmental function recovery. The Minister after receiving the application as referred to in paragraph (3), shall make an evaluation of the application and issue a decree to stop all activity within 30 (thirty) working days after having received the application. CHAPTER VI HAZARDOUS WASTE TRANSPORT Article 47

(1) (2) (3)

The transport of hazardous waste must be done using a closed/covered means of transport, for hazardous waste category 1. The transport of hazardous waste can be done using an open means of transport for hazardous waste category 2. Provisions regarding the specifications and details in using the transport vehicle shall be regulated further in a Ministerial Regulation. Article 48

(1) (2) (3)

(4)

The hazardous waste transporter must submit have : a. recommendation for hazardous waste transport b. permit for hazardous waste management on hazardous waste transport. Recommendation on the hazardous waste transport as referred to in paragraph (1) point a becomes the basis for the issuance of the hazardous waste management permit for hazardous waste transport activities. To obtain a recommendation for the hazardous waste transport as referred to in paragraph (1) point a, the hazardous waste transporter shall file a written request to the Minister that is equipped with the following requirements: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; d. proof of owning the means of transport; e. the necessary hazardous waste transport documents; and f. cooperation contract between the person generating the hazardous waste and the collector, user, processor, and/or licensed waste disposal company. The hazardous waste transport documents as referred to in paragraph (3) point e should contain, at least: a. the type and number (quantity) of transport vehicles; b. the source, name, and characteristics of the hazardous waste transported; c. procedure for handling hazardous waste in emergency conditions;

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d. e.

equipment to handle the hazardous waste; and procedure for loading and unloading hazardous waste. Article 49

(1) (2) (3)

(4)

The Minister, after receiving a request for recommendation as referred to in Article 48 paragraph (3) shall issue a written statement regarding the completeness of administrative requirements at the latest 2(two)working days from the day the request is received. After declaring that the request is administratively complete, the Minister shall conduct verification within 45 (forty-five) working days at the latest. When the result of verification as referred to in paragraph (2) indicates that : a. the request for recommendation meets all the requirements, the Minister must issue a recommendation at the latest 7 (seven) working days from the day the verification results are known; or b. the request for recommendation does not meet all the requirements, then the Minister shall reject the recommendation and state the reasons for objection. The recommendation as referred to in paragraph (3) should at least contain: a. the manifest code for hazardous waste transport; b. the name and characteristics of the hazardous waste being transported; and c. the validity of the recommendation. Article 50

The period for verification as referred to in Article 49 does not include the time needed by the applicant to revise the documents. Article 51 (1) After receiving recommendation from the Minister, the hazardous waste transporter must submit an application for a hazardous waste management permit for transporting hazardous waste as referred to in Article 48 paragraph (1) point b. . (2) The hazardous waste management permit for transporting hazardous waste as meant in paragraph (1) shall be issued by the Minister handling governmental affairs in the transportation sector. (3) The requirements and procedures for application and issuance of a hazardous waste management permit for transporting hazardous waste as meant in paragraph (2) shall be carried out in accordance with the provisions of the acts and regulations in effect. Article 52 (1)

(2)

The hazardous waste transporter after obtaining the hazardous waste transport permit as meant in Article 52, shall be obligated to: a. carry out the transportation in accordance with the recommendation and the hazardous waste transport permit; b. deliver the manifest for hazardous waste transport to the Minister; and c. report the implementation of hazardous waste transport. The report as meant in paragraph (1) should contain at least: a. the name, source, characteristics, and quantity of the hazardous waste being transported; b. the amount and types of transport vehicles used; c. the final destination for transporting the hazardous waste; and d. proof of delivery of the hazardous waste.

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(3) (4)

The report as meant in paragraph (2) must be delivered to the Minister with a copy to the Minister who handles the governmental affairs in the transportation sector, at least 1 (one) time in 6 (six) months. Provisions on the creation and use of the manifest in Hazardous Waste Transportation as meant in paragraph (1) letter b are stipulated in the Ministerial Regulation.

CHAPTER VII HAZARDOUS WASTE UTILIZATION Section One General Article 53 (1) (2)

The utilization of hazardous waste is an obligation that must be observed by any person who generates hazardous waste. In the event “any person” as meant in paragraph (1) is unable to do so himself, the utilization of hazardous waste shall be handed over to a hazardous waste user. Section Two Hazardous Waste Utilization by Any Person Who Generates Hazardous Waste Article 54

(1)

(2)

(3)

The utilization of hazardous waste as meant in Article 53 paragraph (1) consists of: a. the utilization of hazardous waste as a substitute raw material; b. the utilization of hazardous waste as a substitute energy source; c. the utilization of hazardous waste as raw material; and d. the utilization of hazardous waste in accordance with developments in science and technology. Hazardous waste utilization as meant in paragraph (1) shall be carried out with consideration to: a. the availability of technology; b. product standards, if the result of utilizing hazardous waste is a product, and c. standard quality or environmental standard. Further provisions regarding the details of each kind of hazardous waste utilization as meant in paragraph (1) shall be regulated in a Ministerial Regulation. Article 55

(1)

Any person who generates hazardous waste shall be forbidden to use the hazardous waste as referred to in Article 54, namely the hazardous waste from specific sources and non specific sources with a contamination level that is higher than or equal to 1 Bq/cm2 (one Becquerel per square centimeter) and/or a concentration of activity of: a. 1 Bq/gr (one Becquerel per gram) for each radionuclide of the uranium and thorium series; or b. 10 Bq/gr (ten Becquerel per gram) for potassium

(2)

The radionuclides referred to in paragraph (1) point a include, at the least:

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a. b. c. d. e. f. g. h.

Uranium-238 (U-238); Plumbum-210 (Pb-210); Radium-226 (Ra-226); Radium-228 (Ra-228); Thorium-228 (Th-228); Thorium-230 (Th-230); Thorium-234 (Th-234) and Polonium-210 (Po-210);

(3)

Radionuclide Polonium-210 (Po-210) as meant in paragraph (2) letter h is only valid for determining the concentration of radionuclide activities that are members of the uranium and thorium series in Hazardous Waste originating from natural gas exploitation and refining.

(4)

Bans on Hazardous Waste Utilization are exempted if the level of radioactivity may be reduced below the level of radioactive contamination and/or activity concentration as meant in paragraph (1). Article 56

(1) (2)

(3) (4)

(5) (6)

The utilization of hazardous waste as referred to in Article 54 is subject to the issuance of a hazardous waste management permit for hazardous waste utilization. Prior to obtaining the hazardous waste management permit for hazardous waste utilization as meant in paragraph (1), any person who generates hazardous waste must have: a. an environmental permit; and b. approval on the trial test implementation of hazardous waste utilization. The requirements and procedures on the request and issuance of the Environmental Permit as referred to in paragraph (2) point a is performed in accordance with the provisions of the rules and regulations. The approval referred to in paragraph (2) point b is mandatory if the hazardous waste utilization is intended: a. as a substitute for raw materials as referred to in Article 54 paragraph (1) point a, that are not under any National Standards of Indonesia; and b. as a substitute source of energy as referred to in Article 54 paragraph (1) point b. Approval as meant in paragraph (2) point b shall be granted by the Minister to carry out testing of the equipment, methods, technology and/or facilities for utilizing hazardous waste. Further provisions regarding the hazardous waste utilization activities that are required to obtain approval as meant in paragraph (2) point b and paragraph (5) shall be regulated in a Ministerial Regulation Article 57

(1) (2)

(3)

Any person who generates hazardous waste and wishes to obtain the approval to implement trial tests of waste utilization as referred to in Article 56 paragraph (5) must submit a written request to the Minister. The written request as meant in paragraph (1) must include the following requirements: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; and d. documents on the intended testing of equipment, methods, technology, and/or facilities for utilizing hazardous waste. The documents on testing as meant in paragraph (2) point d should contain at least:

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a. b. c.

(4)

the location of testing; the schedule for conducting the testing; information on the equipment, methods, technology, and/or facilities for utilizing hazardous waste; d. information on the intended tests; and e. procedure for arranging the tests. Further provisions regarding the documents on testing shall be regulated in a Ministerial Regulation. Article 58

(1) (2) (3)

(4)

The Minister, after receiving the request for approval as meant in Article 57 shall issue a written statement regarding the administrative requirements for application of a permit at the latest 2 (two) working days from the day the request was received. After the application is declared complete, the Minister shall conduct verification within 45 (forty-five) working days at the latest. In the event that verification results as referred to in paragraph (2) indicate: a. the request for approval meets all the requirements, the Minister must grant approval at the latest 7 (seven) working days from the day the verification results are known; or b. the request for approval does not meet all the requirements, then the Minister shall reject the request for approval and state the reasons for rejection. The approval as meant in paragraph (3) must include: a. the identity of the applicant; b. the procedure for implementing the tests; c. the name, source, characteristics and quantity of the hazardous waste to be utilized; d. obligation of the applicant to comply with the standards for utilizing hazardous waste; and e. period of validity of the approval. Article 59

The period for verification as referred to in Article 58 paragraph (2) does not include the time needed by the applicant to revise the documents. Article 60 The approval meant in Article 58 paragraph (3) point a shall be valid for at most 1 (one) year and cannot be extended. Article 61 (1)

After obtaining the approval on trial test implementation of hazardous waste utilization, the person who generates hazardous waste will be obligated: a. to begin the testing of equipment, methods, technology, and facilities for utilizing hazardous waste at the latest 7 (seven) days from the day the approval was granted; b. comply with the standards for utilizing hazardous waste; c. meet the standard quality of waste water according to the provisions of the act, if the testing generates waste water; d. comply with the quality standards of air emissions in accordance with the provisions of the rules and regulations, if the trial test produce air emissions; e. stop the testing in hazardous waste utilization if such testing causes the environmental standards to be exceeded; f. report the results of testing the equipment, methods, technology, and facilities for utilizing hazardous waste; and

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g. (2)

(3) (4) (5)

submit an application for a hazardous waste management permit for utilizing hazardous waste if the results of testing meet all the requirements for utilization of hazardous waste. The report as meant in paragraph (1) point f should contain at least: a. the name and characteristics of the hazardous waste of which the utilization is being tested; b. the procedure for performing the tests on the equipment, methods, technology, and/or facilities for utilizing hazardous waste; c. the results of the testing; and d. compliance with the standards set in the testing. The report as referred to in paragraph (2) should be delivered to the Minister at the latest 7 (seven) days from the time of testing. The Minister after receiving the report meant in paragraph (2) must give a decision on the results of the testing within 7 (seven) working days at the latest from the day the report is received. The application for a hazardous waste management permit for utilizing hazardous waste must be submitted at the latest 7 (seven) days after the decision on the results of testing has been made and announced. Article 62

(1)

(2) (3)

(4)

Any person who generates hazardous waste and has obtained the approval on the implementation of trial tests of hazardous waste utilization shall be required to obtain a decision for stopping activities in the event: a. the testing failed; b. the person intends to terminate the venture and/or activity; or c. the person intends to change the usage or to move the location and/or facility for testing. In order to obtain a decree to stop all activities, the person as meant in paragraph (1) shall be obligated to recover the functions of the environment and submit a written application to the Minister. The application as referred to in paragraph (2) should have the following attached: a. the identity of the applicant; b. a report on implementation of the tests; and c. a report on the efforts made for the recovery of environmental functions. The Minister, after receiving the application as meant in paragraph (3), shall make an evaluation of the application and issue a decree to stop activities, within 30 (thirty) working days at the latest from the day the application was received. Article 63

Any person who generates hazardous waste and has obtained approval on the implementation of trial tests of hazardous waste utilization as meant in Article 58 paragraph (3) point a shall be forbidden to utilize hazardous waste until obtaining a hazardous waste management permit for utilizing hazardous waste. Article 64 (1) (2)

Any person who generates hazardous waste and shall obtain a hazardous waste management permit for utilizing hazardous waste must submit a written application to obtain a hazardous waste management permit for utilizing hazardous waste, to the Minister. The application to obtain a hazardous waste management permit for utilizing hazardous waste as referred to in paragraph (1) must include the following requirements: a. copy of the environmental permit; b. copy of the approval to conduct tests on the utilization of hazardous waste; c. identity of the applicant; d. deed of establishment of the corporate body;

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e.

(3) (4)

documents on the results of testing the utilization of hazardous waste which should contain at the least information about the name, source, characteristics, composition, quantity, and results of testing the hazardous waste utilization; f. documents on the places for hazardous waste storage according to the requirements as meant in Article 13 through Article 18; g. documents on hazardous waste packaging according to the requirements as meant in Article 19; h. documents on design, techonology, method, process, and capacity of utilizing hazardous waste according to the approval on the implementation of trial tests of hazardous waste utilization; i. documents on the name and amount of raw material and/or auxiliary material in the form of hazardous waste as a mixture for the utilization of hazardous waste; j. procedures in utilizing hazardous waste; k. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; and l. Other documents as required in the acts and regulations. Applications for hazardous waste management for hazardous waste utilization activities producing products in accordance with the Indonesian National Standard are exempted from the requirement for a permit as referred to in paragraph (2) point b. Applications for hazardous waste management permits for hazardous waste utilization activities category 2 from particular specific sources are exempted from the requirement to request a permit as referred to in paragraph (2) point g. Article 65

(1)

(2) (3)

(4)

The Minister, after receiving the application for a hazardous waste management permit for utilizing hazardous waste as meant in Article 64 shall issue a written statement regarding the completeness of administrative requirements for the application of a permit at the latest 2 (two) working days from the day the application is received. After the application is declared complete, the Minister shall make verification within 45 (fortyfive) working days at the latest. In the event that verification results as referred to in paragraph (2) indicate; a. the application for a permit meets all the requirements, the Minister must issue a permit at the latest 7 (seven) working days from the day the verification results are known; or b. the application does not meet all the requirements, then the Minister shall reject the application for a permit and state the reasons for rejection. The issuance of the permit as referred to in paragraph (3) point a must be announced through multimedia at the latest 1 (one) working day after the permit is issued. Article 66

(1) (2) (3)

The hazardous waste management permit for the utilization of hazardous waste as meant in Article 65 paragraph (3) point a through point d shall be valid for a period of 5 (five) years and can be extended. The request for extension of a hazardous waste management permit for the utilization of hazardous waste as meant in paragraph (1) should be submitted in writing to the Minister at the latest 60 (sixty) days before expiry of the permit. The request for extension of a permit as referred to in paragraph (2) must include the following requirements: a. report on the hazardous waste utilization activities; b. copy of the environmental permit; c. copy of approval to perform tests on the hazardous waste utilization; d. identity of the applicant;

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e. f.

(4)

the deed of establishment of the corporate body; documents that describe the place of storage of the hazardous waste, in accordance with the provisions as referred to in Article 64 paragraph (2) point f; g. documents that describe the packaging of hazardous waste in accordance with the provisions referred to in Article 64 paragraph (2) point g; h. documents that describe the technological design, method, process, and capacity in utilizing the hazardous waste as meant in Article 64 paragraph (2) point h; i. documents on the name and quantity of raw material and/or auxiliary material in the form of hazardous waste for mixtures in utilizing the hazardous waste as meant in Article 64 paragraph (2) point i ; j. procedures in utilizing the hazardous waste; and k. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds. Applications for a permit extension of hazardous waste utilization activities category 2 from particular specific sources are exempted from the requirement to request a permit extension as referred to in paragraph (3) point g. Article 67

(1) (2) (3)

In the event of a change in the documents referred to in Article 66 paragraph (3) point d, point e, point f, point g, point h, point i, point j, and/or point k, the extension of permit by the Minister shall be issued in accordance with the provisions as given in Article 58. When there is no change in the documents as referred to in paragraph (1), the Minister shall conduct an evaluation at the latest 10 (ten) working days from the day the request is received. In the event that evaluation results as referred to in paragraph (2) indicate; a. the request for extension of the permit meets the requirements, the Minister must issue the extension of permit at the latest 7 (seven) working days from the day the results of evaluation are known. b. the request for extension of a permit does not meet the necessary requirements, then the Minister shall reject the request to extend the permit with the reasons for rejection. Article 68

(1)

(2) (3) (4) (5) (6)

The holder of a hazardous waste management permit for the utilizing of hazardous waste shall be obliged to submit a request for changes to be made to the permit, in the event that changes are made to the requirements, which may be: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. the name and characteristics of the hazardous waste being utilized; d. the technological design, method, process, capacity of utilizing the hazardous waste; and/or e. the raw material and/or auxiliary material in the form of hazardous waste used as a mixture in utilizing the hazardous waste. The request to have changes made to the permit must be submitted in writing to the Minister at the latest 30 (thirty) working days after changes have occurred. The request to have changes made to the permit must be accompanied by documents showing that changes had been made to the requirements as referred to in paragraph (1). When changes have been made to the requirements as meant in paragraph (1) point a and/or point b, the Minister must conduct an evaluation of the request to make changes to the permit, at the latest 7 (seven) working days from the day the request to make changes was received. When changes have been made to the requirements as meant in paragraph (1) point c, point d, and/or point e, the Minister shall conduct an evaluation at the latest 30 (thirty) working days from the day the request to make changes to the permit was received. In the event that evaluation results as referred to in paragraph (4) and paragraph (5) indicate:

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a. b.

conformity of the data, the Minister shall issue the changes to the permit at the latest 7 (seven) working days from the day the request to make changes to the permit was received; or non conformity of the data, then the Minister shall reject the request to make changes to the permit and state the reasons for rejection. Article 69

The period for verification as referred to in Article 65 paragraph (2) and the evaluation as referred to in Article 67 paragraph (2) and paragraph (3) and Article 68 paragraph (4) and paragraph (5) does not include the time needed by the applicant to revise the documents. Article 70 (1)

(2) (3)

The hazardous waste management permit for utilizing hazardous waste as referred to in Article 65 paragraph (3) point a, Article 67 paragraph (3) point a and Article 68 paragraph (6) point a shall contain at the least: a. the identity of the permit holder; b. the date of issuance of the permit; c. period of validity of the permit; d. environmental requirements; and e. obligations of the holder of the hazardous waste management permit for utilizing hazardous waste. The environmental requirements as referred to in paragraph (1) point d are concerned at least with implementing the utilization of hazardous waste in accordance with the product standards, standard quality and/or environmental standard. The obligations of the holder of a hazardous waste management permit for utilizing hazardous waste as meant in paragraph (1) point e include, at the least: a. identifying the hazardous waste that is collected; b. recording the name and amount of hazardous waste utilized in utilizing the hazardous waste generated; c. using the place for hazardous waste storage as a hazardous waste storage place; d. storing the hazardous waste that is to be utilized in the hazardous waste storage place; e. collecting the hazardous waste to be utilized; f. utilizing/using the hazardous waste in accordance with the technologies for hazardous waste utilization that the company owns; and g. preparing and delivering a report regarding the utilization of hazardous waste. Article 71

The hazardous waste management permit for utilizing hazardous waste as meant in Article 65 paragraph (3) point a, Article 67 paragraph (3) point a and Article 68 paragraph (6) point a shall expire when: a. the permit validity expires and no permit extension is conducted; b. it is revoked by the Minister; c. the corporate body holding the permit is dissolved or liquidated; or d. the environmental permit is revoked. Article 72 (1) After issuance of the hazardous waste management permit for utilizing hazardous waste, the holder of the permit shall be obligated to: a. meet the environmental requirements and obligations as specified in the hazardous waste management permit for utilizing hazardous waste; GR101_2014

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b.

collect the hazardous waste that it generates, in accordance with the provisions as meant in Article 31; c. store the hazardous waste that it generates at the hazardous waste storage place, in accordance with the provisions in Article 64 paragraph (2) point f; d. package the hazardous waste that it generates, in accordance with the provisions as meant in Article 64 paragraph (2) point g; e. utilize or use the hazardous waste that it generates, in accordance with the provisions specified in the hazardous waste management permit for utilizing hazardous waste; f. compliance with the standard quality of waste water according to the applicable acts and regulations if the processing of hazardous waste generates waste water; g. compliance with the standard quality of air emission according to the applicable acts and regulations if the processing of hazardous waste generates air emission; and h. preparing and delivering a report on the utilization of hazardous waste. (2) Hazardous Waste Utilization category 2 from particular specific sources is exempted from the obligation as referred to in paragraph (1) point d. (3) The report on utilization of hazardous waste as meant in paragraph (1) point h should contain at the least: a. the source, name, quantity and characteristics of the hazardous waste; and b. the implementation of hazardous waste utilization. (4) The report on hazardous waste utilization as referred to in paragraph (3) is submitted to the Minister at least 1 (one) time in 3 (three) months since the permit is issued. Article 73 (1)

(2) (3)

(4)

Any person generating hazardous waste who holds a hazardous waste management permit for the utilization of hazardous waste is required to obtain a decree for ending activities in the event the person intends to: a. stop the venture and/or activity; or b. change the use of, or move the location and/or facility for hazardous waste utilization. In order to obtain such a decree to end its activity, the person as meant in paragraph (1) must recover the functions of the immediate environment and submit an application to the Minister in writing. The application as meant in paragraph (2) must attach: a. the identity of the applicant; b. report on the hazardous waste utilization activities; c. report on environmental function recovery. The Minister after receiving the application as referred to in paragraph (3) shall make an evaluation of the application and issue a decree to stop all activities, within 30 (thirty) working days after having received the application. Article 74

(1)

(2) (3) (4)

In the event a person who generates hazardous waste materials is unable to utilize such hazardous waste himself: a. the utilizing of the hazardous waste must be handed over to a hazardous waste user; or b. the hazardous waste generated can be imported. The handing over of hazardous waste to a hazardous waste user as meant in paragraph (1) point a must include proof of handing over the hazardous waste. A copy of the proof of handing over the hazardous waste as meant in paragraph (2) must be delivered to the Minister at the latest 7 (seven) days after the hazardous waste has been handed over. The export of hazardous waste as meant in paragraph (1) point b can be done when no technology is available in the country for utilizing and/or processing the hazardous waste.

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Article 75 (1)

(2) (3)

(4) (5) (6)

Every person as referred to in Article 74 paragraph (1) to export hazardous waste produced shall: a. submit a written application for notice to the Minister; b. deliver information regarding the route to be taken by the export of hazardous waste; c. fill out the form for notification of hazardous waste export; and d. must have a permit for exporting hazardous waste. The Minister shall notify the authorities of the export destination country and any transit country based on the request for notification meant in paragraph (1) point a. The notification delivered by the Minister as meant in paragraph (2) should contain at least: a. the identity of the applicant; b. identification of the hazardous waste; c. identity of the hazardous waste importer in the destination country; d. name, characteristics, and quantity of the hazardous waste to be exported; and e. the time of exporting the hazardous waste. When the notification as meant in paragraph (2) is approved by the authorities in the destination country and transit country, the Minister shall issue a recommendation for the export of hazardous waste. The recommendation for export of hazardous waste as referred to in paragraph (4) is the basis for issuing an export permit for hazardous waste by the Minister who handles the governmental affairs in the trade sector. The requirements and procedure for application and the issuance of an export permit for hazardous waste shall be carried out according to the acts and regulations in effect. Section Three Hazardous Waste Utilization by the Hazardous Waste User Article 76

(1) (2)

(3) (4)

(5) (6)

The user of hazardous waste who intends to utilize the hazardous waste delivered by a person as meant in Article 74 paragraph (1) point a is required to have a hazardous waste management permit for utilizing hazardous waste. The utilization of hazardous waste by a hazardous waste user as meant in paragraph (1) consists of: a. the utilization of hazardous waste as a substitute raw material; b. the utilization of hazardous waste as a substitute energy source; c. the utilization of hazardous waste as raw material; and d. the utilization of hazardous waste in accordance with the developments in science and technology. Hazardous waste which is utilized as meant in paragraph (2) is taken from the hazardous waste generated by one or more persons who generate hazardous waste. Prior to obtaining the hazardous waste management permit for utilizing hazardous waste as meant in paragraph (1), the hazardous waste user must have: a. an environmental permit; and b. an approval for the trial tests implementation of hazardous waste utilization. Requirements and procedures for the application and issuance of the Environmental Permit as referred to in paragraph (4) point a is implemented in accordance with the provisions of the rules and regulations. An approval on trial tests implementations of the hazardous waste utilization as referred to in paragraph (4) point b is required for hazardous waste utilization:

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a. (7) (8)

as a substitute for raw materials as meant in paragraph (2) point a, that are not under any National Standards of Indonesia; and b. as a substitute source of energy as meant in paragraph (2) point b. Approval as meant in paragraph (4) point b shall be granted by the Minister to carry out testing of the equipment, methods, technology and/or facilities for utilizing hazardous waste. Further provisions on details of hazardous waste utilization activities that are required to possess the approval as referred to in paragraph (6) and the procedures of the implementation of trial test equipments, methods, technology, and/or facilities of hazardous waste utilization as referred to in paragraph (7) are regulated by the Regulation of the Minister. Article 77

(1)

(2)

(3)

(4)

Hazardous waste utilization as referred to in Article 76 prohibits the implementation of hazardous waste utilization on hazardous waste from non-specific sources and specific sources that have radioactive contamination levels greater than or equal to 1 Bq/cm2 (one Becquerel per square centimeter) and/or activity concentration of: a. 1 Bq/gr (one Becquerel per gram) for each radionuclide of the uranium and thorium series; or b. 10 Bq/gr (ten Becquerel per gram) for pottasium The radionuclides referred to in paragraph (1) point a include, at the least: a. Uranium-238 (U-238); b. Plumbum-210 (Pb-210); c. Radium-226 (Ra-226); d. Radium-228 (Ra-228); e. Thorium-228 (Th-228); f. Thorium-230 (Th-230); g. Thorium-234 (Th-234); and h. Polonium-210 (Po-210). Radionuclide Polonium-210 (Po-210) as referred to in paragraph (2) point h is only applicable for the determination of radionuclide activity concentrations of uranium and thorium series members in hazardous waste originating from exploitation and natural gas refining activities. The prohibition to implement hazardous waste utilization is exempted if the radioactive level can be reduced below the radioactive contamination level and/or activity concentrations as referred to in paragraph (1). Article 78

(1) (2)

(3)

To obtain an approval for hazardous waste utilization trial test implementation of hazardous waste utilization as referred to in Article 76 paragraph (7) a written request shall be filed to the Minister. The written request as meant in paragraph (1) must include the following requirements: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; and d. documents on the intended testing of equipment, methods, technology, and/or facilities for utilizing hazardous waste. The documents on testing as meant in paragraph (2) point d should contain at least: a. the location of testing; b. the schedule for conducting the testing;

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c. d. e. f.

information on the equipment, methods, technology, and/or facilities for utilizing hazardous waste; information on the intended tests; and procedure for arranging the tests. Further provisions regarding the documents on testing shall be regulated in a Ministerial Regulation. Article 79

(1)

The Minister after receiving a request for approval on the trial test implementation for hazardous waste utilization as referred to in Article 78 provides a written statement regarding the administrative completeness of the request of approval no later than 2 (two) working days since the request is received. (2) After the application is declared complete, the Minister shall conduct verification within 45 (forty-five) working days at the latest. (3) In the event that verification results as referred to in paragraph (2) indicate; a. the request for approval meets all the requirements, the Minister must grant approval at the latest 7 (seven) working days from the day the verification results are known. b. the request for approval does not meet all the requirements, then the Minister shall reject the request for approval and state the reasons for rejection. (4) The approval as referred to in paragraph (3) point a shall at least contain: a. the identity of the applicant; b. the procedure for implementing the tests; c. the name, source, characteristics and quantity of the hazardous waste to be processed; d. obligation of the applicant to comply with the standards for utilizing hazardous waste; e. period of validity of the approval. Article 80 The period for verification as referred to in Article 79 paragraph (2) does not include the time needed by the applicant to revise the documents. Article 81 Approval for trial tests of hazardous waste utilization as referred to in Article 79 paragraph (3) point a is valid for at the most 1 (one) year and cannot be extended. Article 82 (1)

(2)

After obtaining the approval on the trial test implementation of hazardous waste utilization as referred to in Article 79 paragraph (3) point a, the hazardous waste user shall: a. to begin the testing of equipment, methods, technology, and facilities for utilizing hazardous waste at the latest 7 (seven) days from the day the approval was granted; b. comply with the standards for utilizing hazardous waste; c. meet the standard quality of waste water according to the provisions of the act, if the testing produces waste water; d. stop the testing in hazardous waste utilization if such testing causes the environmental standards to be exceeded; e. report the results of testing the equipment, methods, technology, and facilities for utilizing hazardous waste; and f. submit an application for a hazardous waste management permit for utilizing hazardous waste if the results of testing meet all the requirements for utilization of hazardous waste. The report as meant in paragraph (1) point e should contain at least:

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a. b.

(3) (4) (5)

the name and characteristics of the hazardous waste of which its utilization is being tested; the procedure for performing the tests on the equipment, methods, technology, and/or facilities for utilizing hazardous waste; c. the results of the testing; and d. compliance with the standards set in the testing. The report as referred to in paragraph (2) should be delivered to the Minister at the latest 7 (seven) days from the time of testing. The Minister after receiving the report meant in paragraph (2) must give a decision on the results of the testing within 7 (seven) working days at the latest from the day the report is received. The application for a hazardous waste management permit for utilizing hazardous waste must be submitted at the latest 7 (seven) days after the decision on the results of testing has been made and announced. Article 83

(1)

(2) (3)

(4)

The hazardous waste user who obtained the approval for the trial test implementation of hazardous waste utlization as referred to in Article 79 paragraph (3) point a shall possess an activity cessation decision if: a. the testing failed; b. the user intends to terminate the testing; or c. the user intends to change the usage or to move the location and/or facility for utilizing hazardous waste. To obtain an activity cessation decision, the hazardous waste user as referred to in paragraph (1) shall implement the environmental function restoration and shall file a written request to the Minister. The application as referred to in paragraph (2) should have the following attached: a. the identity of the applicant; b. a report on implementation of the tests; and c. a report on the efforts made for the recovery of environmental functions. The Minister, after receiving the application as meant in paragraph (3), shall make an evaluation of the application and issue a decree to stop activities, within 30 (thirty) working days at the latest from the day the application was received. Article 84

The hazardous waste user who has obtained approval on the trial test implementation of hazardous waste utilization as meant in Article 79 paragraph (3) point a shall be forbidden to utilize hazardous waste until obtaining a hazardous waste management permit for utilizing hazardous waste. Article 85 (1) (2)

The hazardous waste user who intends to obtain a hazardous waste management permit for utilizing hazardous waste must submit a written application to obtain a hazardous waste management permit for utilizing hazardous waste, to the Minister. The application to obtain a hazardous waste management permit for utilizing hazardous waste as referred to in paragraph (1) must include the following requirements: a. copy of the environmental permit; b. copy of the approval to conduct tests on the utilization of hazardous waste; c. proof of having delivered and handing over hazardous waste by the person who generates hazardous waste to the user of hazardous waste; d. identity of the applicant; e. deed of establishment of the corporate body;

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f.

documents on the results of testing the utilization of hazardous waste which should contain at the least information about the name, source, characteristics, composition, quantity, and results of testing the hazardous waste being utilized; g. documents on the places for hazardous waste storage according to the requirements as meant in Article 13 through Article 18; h. documents on hazardous waste packaging according to the requirements as meant in Article 19; i. documents on technological design, method, process, and capacity of utilizing hazardous waste according to the approval on the trial test implementation of hazardous waste utilization; j. documents on the name and amount of raw material and/or auxiliary material in the form of hazardous waste to be used as a mixture in the utilization of hazardous waste; k. procedures in utilizing hazardous waste; and l. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds. m. Other document as required in the acts and regulations. (3) The application for a Hazardous Waste Management permit for Hazardous Waste Utilization activities that produces products in accordance with the Indonesian National Standards is exempted of permit application requirements as meant in paragraph (2) point b. (4) The application for a Hazardous Waste Management permit for Hazardous Waste Utilization activities from special specific sources is exempted of permit application requirements as meant in paragraph (2) point h. Article 86 (1)

(2) (3)

(4)

The Minister, after receiving the application for a hazardous waste management permit for utilizing hazardous waste as meant in Article 85 shall issue a written statement regarding the completeness of administrative requirements for the application of a permit at the latest 2 (two) working days from the day the application is received. After the application is declared complete, the Minister shall make verification within 45 (fortyfive) working days at the latest. In the event that verification results as referred to in paragraph (2) indicate; a. the application for a permit meets all the requirements, the Minister must issue a permit at the latest 7 (seven) working days from the day the verification results are known. b. the application does not meet all the requirements, then the Minister shall reject the application for a permit and state the reasons for rejection. The issuance of the permit as referred to in paragraph (3) point a must be announced through multimedia at the latest 1 (one) working day after the permit is issued. Article 87

(1) (2) (3)

The hazardous waste management permit for the utilization of hazardous waste as meant in Article 86 paragraph (3) point a is valid for 5 (five) years and may be extended. The request for extension of a hazardous waste management permit for the utilization of hazardous waste as meant in paragraph (1) should be submitted in writing to the Minister at the latest 60 (sixty) days before expiry of the said permit. The request for extension of a permit as referred to in paragraph (2) must include the following requirements: a. report on the hazardous waste utilization activities; b. proof of handing over the hazardous waste from the person generating the hazardous waste to the hazardous waste user; c. copy of the environmental permit; d. copy of the approval to perform tests on the hazardous waste utilization;

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e. f. g.

(4)

identity of the applicant; the deed of establishment of the corporate body; documents regarding the testing of hazardous waste utilization that contain at least the name, source, characteristics, composition, quantity and results of the tests on hazardous waste utilization; h. documents that describe the place of storage of the hazardous waste as referred to in Article 85 paragraph (2) point g; i. documents that describe the packaging of hazardous waste as referred to in Article 85 paragraph (2) point h; j. documents that describe the technological design, method, process, and capacity in utilizing the hazardous waste as meant in Article 85 paragraph (2) point i; k. documents on the name and quantity of raw material and/or auxiliary material in the form of hazardous waste for mixtures in utilizing the hazardous waste Article 85 paragraph (2) point j; l. procedures in utilizing the hazardous waste; and m. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds. The application for a permit on hazardous waste management for hazardous waste utilization category 2 from particular specific sources is exempted from the requirement for permit extension as referred to in paragraph (3) point i. Article 88

(1) (2) (3)

In the event of any change in the documents referred to in Article 87 paragraph (3) point e up to point l, and/or point m, the extension of permit by the Minister shall be issued in accordance with the provisions as given in Article 86. When there is no change in the documents as referred to in paragraph (1), the Minister shall conduct an evaluation at the latest 10 (ten) working days from the day the request is received. In the event that evaluation results as referred to in paragraph (2) indicate: a. the request for extension of the permit meets the requirements, the Minister must issue the extension of permit at the latest 7 (seven) working days from the day the results of evaluation are known. b. the request for extension of a permit does not meet the necessary requirements, then the Minister shall reject the request to extend the permit and state the reasons for such rejection.

Article 89 (1)

(2) (3)

The user of hazardous waste who holds a hazardous waste management permit for utilizing hazardous waste shall be obliged to submit a request for changes to be made to the permit, in the event that changes are made to: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. the name and characteristics of the hazardous waste being utilized; d. the technological design, method, process, capacity of utilizing the hazardous waste; and/or e. the raw material and/or auxiliary material in the form of hazardous waste. The request to have changes made to the permit as referred to in paragraph (1) must be submitted in writing to the Minister at the latest 30 (thirty) working days after changes have occurred. The request to have changes made to the permit must be accompanied by documents showing that changes had been made to the requirements as referred to in paragraph (1).

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(4) (5) (6)

When changes have been made to the requirements as meant in paragraph (1) point a and/or point b, the Minister must conduct an evaluation of the request to make changes to the permit, at the latest 7 (seven) working days from the day the request to make changes was received. When changes have been made to the requirements as meant in paragraph (1) point c, point d, and/or point e, the Minister shall conduct an evaluation at the latest 30 (thirty) working days from the day the request to make changes to the permit was received. In the event that evaluation results as referred to in paragraph (4) and paragraph (5) indicate: a. suitability of data, the Minister shall issue a permit change on the hazardous waste management for hazardous waste utilization no later than 7 (seven) working days after the evaluation results are known; or b. unsuitability of data, the Minister shall reject the application for a permit change on the hazardous waste management for hazardous waste utilization activities together with the reasons for rejection. Article 90

The period for verification as referred to in Article 86 paragraph (2) and the evaluation as referred to in Article 88 paragraph (2) and Article 89 paragraph (4) and paragraph (5) does not include the time needed by the applicant to revise the documents. Article 91 (1)

The hazardous waste management permit for utilizing hazardous waste as referred to in Article 86 paragraph (3) point a, Article 88 paragraph (3) point a and Article 89 paragraph (6) point a shall contain at least: a. the identity of the permit holder; b. the date of issuance of the permit; c. period of validity of the permit; d. environmental requirements; and e. obligations of the holder of the hazardous waste management permit for utilizing hazardous waste. (2) Environmental requirements as meant in paragraph (1) point d are concerned at least with implementing the utilization of hazardous waste in accordance with the product standard, environmental standard, and/or environmental quality standard. (3) Obligations of the holder of a hazardous waste management permit for utilizing hazardous waste as meant in paragraph (1) point e include at the least: a. identifying the hazardous waste that is collected; b. recording the name and amount of hazardous waste utilized; c. ensuring the function of the place for hazardous waste storage as a hazardous waste storage place; d. storing the hazardous waste that is to be utilized in the hazardous waste storage place; e. collecting the hazardous waste to be utilized; f. utilizing the hazardous waste in accordance with the technologies for hazardous waste utilization that the company owns; and g. preparing and delivering a report regarding the utilization of hazardous waste. Article 92 The hazardous waste management permit for utilizing hazardous waste as meant in Article 86 paragraph (3) point a, Article 88 paragraph (3) point a, and Article 89 paragraph (6) point a shall expire when: a. the period of validity has expired; GR101_2014

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b. it is revoked by the Minister; c. the corporate body holding the permit is dissolved or liquidated; or d. the environmental permit is revoked. Article 93 (1) After issuance of the hazardous waste management permit for utilizing hazardous waste, the hazardous waste user shall be obligated to: a. meet the environmental requirements and obligations as specified in the hazardous waste management permit for utilizing hazardous waste; b. collect the hazardous waste that it generates, in accordance with the provisions as meant in Article 31; c. store the hazardous waste that it generates at the hazardous waste storage place, in accordance with the provisions in Article 85 paragraph (2) point g; d. package the hazardous waste that it generates, in accordance with the provisions as meant in Article 85 paragraph (2) point h; e. utilize or use the hazardous waste that it generates, in accordance with the provisions specified in the hazardous waste management permit for utilizing hazardous waste; f. compliance with the standard quality of waste water according to the applicable acts and regulations if the processing of hazardous waste generates waste water; and g. preparing and delivering a report on the utilization of hazardous waste. (2) Hazardous waste utilization categoriy 2 from particular specific sources is exempted from the obligation as referred to in paragraph (1) point d. (3) The report on utilization of hazardous waste as meant in paragraph (1) point g should contain at least: a. the source, name, quantity and characteristics of the hazardous waste; and b. the implementation of hazardous waste utilization. (4) The report on utilization of hazardous waste as referred to in paragraph (3) should be delivered to the Minister, at least 1 (one) time in every 3 (three) months from the day the permit is issued. Article 94 (1)

(2) (3)

(4)

The hazardous waste user who holds a hazardous waste management permit for utilizing hazardous waste is required to obtain a decree for ending activities in the event the user intends to: a. stop the venture and/or activity; or b. change the use of, or move the location and/or facility for hazardous waste storage. In order to obtain such a decree to end its activity, the hazardous waste user as meant in paragraph (1) must recover the functions of the immediate environment and submit an application to the Minister in writing. The application as referred to in paragraph (2) must attach: a. the identity of the applicant; b. a report on the hazardous waste utilization activity; and c. a report on environmental function recovery. The Minister after receiving the application as referred to in paragraph (3), shall make an evaluation of the application and issue a decree to stop all activities, at the latest 30 (thirty) working days after having received the application.

Section Four Exceptions to the Obligation of Owning a Hazardous Waste Management Permit for Utilizing Hazardous Waste GR101_2014

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Article 95 Every person producing hazardous waste from specific sources as contained in Table 3 and Table 4 Appendix I which is inseparable from this Regulation of the Government, who will implement hazardous waste utilization from specific sources as by-product, is exempted from the requirement to possess a permit on hazardous waste management for hazardous waste utilization activities as referred to in Article 56 paragraph (1). Article 96 (1) (2)

(3)

Every person producing hazardous waste from specific sources who will implement hazardous waste utilization as by-product may file a request for a decision of hazardous waste from specific sources as by-product by the Minister. Hazardous waste from specific sources as referred to in paragraph (1) for which an application may be filed for a decision on hazardous waste from specific sources as byproduct is hazardous waste from specific sources originating from one closed-cycle integrated production. The application to determine hazardous waste from specific sources as a by-product as meant in paragraph (1) should be submitted in writing to the Minister and completed with the requirements which include: a. the identity of the applicant; b. profile of the business venture and/or activity; c. name of the hazardous waste; d. raw materials and/or auxiliary materials used in the production process that generates hazardous waste; e. the production process generating the hazardous waste that is presented to be determined as a by-product; and f. name of the by-product and certification of standards met by the product as determined by the minister/head of non-ministry governmental institutions engaged in the said business and/or activity sector; Article 97

(1) (2) (3)

(4) (5) (6)

The Minister, after receiving the application as meant in Article 96 shall assign a hazardous waste team of experts to perform an evaluation. The hazardous waste team of experts as referred to in paragraph (1) is the hazardous waste team of experts as meant in Article 8. Evaluation as referred to in paragraph 1 includes identifying and analyzing: a. the raw materials and/or auxiliary materials that are used in the production process that generates hazardous waste from a specific source; b. the production process generating the hazardous waste from a specific source that is presented to be determined as a by-product; and c. the name of the by-product and certification of product standard, which is determined by the minister or head of non ministry government institutions that are engaged in the said business and/or activity sector. The evaluation as meant in paragraph (3) will be performed by a hazardous waste team of experts at the latest 90 (ninety) working days from the day of assignment. The hazardous waste team of experts shall deliver their recommendation on the evaluation results to the Minister at the latest 14 (fourteen) working days from the day the evaluation results are made known. The recommendation as meant in paragraph (5) shall contain at least: a. identity of the applicant;

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b. name of the waste; c. basis of considerations for making the recommendation; and d. conclusion from the evaluation results. (7) In the event that evaluation results as referred to in paragraph (4) indicate: a. the use of the hazardous waste from a specific source is certain and consistent; b. Hazardous waste from specific sources produced in one closed-cycle integrated production; c. Hazardous waste is produced according to the product standard determined by the Minister or by non-ministry Government institutions in charge of the business and/or activities; and d. there is a registration number of the by-product as a product determined by the minister or head of non ministry government institution engaged in the said business and/or activity sector, recommendation of the hazardous waste expert team containing a statement that the hazardous waste of the specific source is a by-product. (8) If the evaluation results do not meet the provisions as meant in paragraph (7), the recommendation by the hazardous waste team of experts shall contain a statement that hazardous waste from specific sources is not a by-product. Article 98 (1) The Minister shall, on the basis of the recommendation of the hazardous waste team of experts, determine that hazardous waste from a specific source is: a. a by-product; or b. not a by-product. (2) Determining that the hazardous waste from a specific source is “a by-product” shall be effected at the latest 14 (fourteen) working days from the day the recommendation of the hazardous waste team of experts is delivered to the Minister. (3) In the event that hazardous waste from a specific source is determined by the Minister as a by-product, the Minister gives recommendations to the minister or head of the nonministerial government organization in charge of businesses and/or activities to issue the registration number of the by-product as a product. (4) If the hazardous waste from a specific source is determined by the Minister as “not a by-product”, then any person who generates hazardous waste from the specific source will be obligated to store said hazardous waste. (5) Hazardous Waste Storage as meant in paragraph (4) shall have a Hazardous Waste Management permit for Hazardous Waste Storage activities as stipulated in Article 12 to Article 30. CHAPTER VIII HAZARDOUS WASTE PROCESSING Section One General Article 99 (1) The processing of hazardous waste must be done by any person who generates hazardous waste. (2) In the event the person as referred to in paragraph (1) is unable to process the waste himself, then the processing of hazardous waste must be handed over to a hazardous waste processor. Section Two Hazardous Waste Processing by Any Person Who Generates Hazardous Waste GR101_2014

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Article 100 (1) The hazardous waste processing as meant in Article 99 paragraph (1) shall be done by: a. thermal method; b. stabilization and solidification; and/or c. other methods according to the developments in technology. (2) The hazardous waste processing as meant in paragraph (1) shall be done with consideration to: a. the availability of technology; and b. environmental standard or environmental quality standard. (3) Further provisions regarding the details of each hazardous waste processing shall be regulated in a Ministerial Regulation. Article 101 (1) Any person who generates hazardous waste and will process the hazardous waste as meant in Article 100 is required to have a hazardous waste management permit for processing the hazardous waste. (2) Prior to obtaining the hazardous waste management permit for processing the hazardous waste as meant in paragraph (1), the person who generates hazardous waste must have: a. an environmental permit; and b. the approval on the trial test implementation of the hazardous waste management. (3) The requirements and procedures for the application and issuance of the Environmental Permit as referred to in paragraph (2) point a is implemented according to the provisions of the rules and regulations. (4) The approval as referred to in paragraph (2) point b is mandatory for hazardous waste processing: a. by the thermal method as meant in Article 100 paragraph (1) point a; and b. by other methods according to the developments in technology as referred to in Article 100 paragraph (1) point c that are not under any National Standard of Indonesia. (5) The approval as meant in paragraph (2) point b shall be granted by the Minister to carry out testing of the equipment, methods, technology and/or facilities for processing hazardous waste. (6) Further provisions regarding details of the hazardous waste management activities that are required to possess an approval as referred to in paragraph (4) and the procedures on the implementation of trial test equipment, methods, technology and/or facilities on hazardous waste management as referred to in paragraph (5) is regulated by the Regulation of the Minister. Article 102 (1) (2)

(3)

Any person who generates hazardous waste and wishes to obtain the approval on the trial test implementation of hazardous waste processing as meant in Article 101paragraph (5) must submit a written request to the Minister. The written request as meant in paragraph (1) must include the following requirements: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. proof of ownership of Environmental Pollution and/or Environmental Damage Prevention funds and Environmental Function Recovery guarantee funds; and d. documents on the intended testing of equipment, methods, technology, and/or facilities for processing hazardous waste. The documents on testing as meant in paragraph (2) point d should contain at least: a. the location of testing; b. the schedule for conducting the testing;

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c.

(4)

information on the equipment, methods, technology, and/or facilities for processing hazardous waste; d. information on the intended tests; and e. procedure for arranging the tests. Further provisions regarding the documents on testing shall be regulated in a Ministerial Regulation. Article 103

(1)

(2) (3)

(4)

The Minister, after receiving the request for approval on the trial test implementation of hazardous waste processing as meant in Article 102 shall issue a written statement regarding the administrative requirements for application of a permit at the latest 2 (two) working days from the day the request was received After the application is declared complete, the Minister shall conduct verification within 45 (forty-five) working days at the latest. In the event that verification results as referred to in paragraph (2) indicate; a. the application for approval meets the requirements, the Minister shall issue the approval for trial test implementation of hazardous waste processing no later than 7 (seven) working days after the verification results are known; or b. the application for approval does not meet the requirements, the Minister shall reject the application for approval for trial test implementation of hazardous waste processing together with the reasons for rejection. The approval as referred to in paragraph (3) point a shall at least contain: a. the identity of the applicant; b. the procedure for implementing the tests; c. the name, source, characteristics and quantity of the hazardous waste to be processed; d. obligation of the applicant to comply with the standards for processing hazardous waste; and e. the period of validity of the approval. Article 104

The period for verification as referred to in Article 103 paragraph (2) does not include the time needed by the applicant to revise the documents. Article 105 The approval meant in Article 103 paragraph (3) point a shall be valid for at most 1 (one) year and cannot be extended. Article 106 (1)

After obtaining the approval referred to in Article 103 paragraph (3) point a, the person who generates hazardous waste will be obligated: a. to start the implementation of trial tests of equipment, methods, technology and hazardous waste processing no later than 7 (seven) days since the approval of the trial test implementation of hazardous waste processing is received; b. comply with the standards for processing hazardous waste; c. meet the standard quality of waste water according to the provisions of the act, if the testing generates waste water; d. stop the testing in hazardous waste processing if such testing causes the environmental standards to be exceeded;

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e.

(2) (3) (4)

report the results of testing the equipment, methods, technology, and facilities for processing hazardous waste; and f. submit an application for a hazardous waste management permit for processing hazardous waste if the results of testing meet all the requirements for processing hazardous waste. In the event that testing the processing of hazardous waste is done by thermal method, then in addition to fulfilling the obligations as meant in paragraph (1), the residue and/or remains of combustion in the form of ash and liquid must be stored. The storage of residue and/or ash as meant in paragraph (2) shall comply with the provisions for storing hazardous waste as referred to in Article 13 through Article 18. When the testing of hazardous waste processing is done through stabilization and solidification, then in addition to fulfilling the obligations as meant in paragraph (1), the outcome of stabilization and solidification must be properly disposed of. Article 107

(1)

(2) (3) (4)

(5)

(6)

(7)

(8)

The standard for hazardous waste processing as referred to in Article 106 paragraph (1) point b for hazardous waste processing by thermal method consists of standards for: a. air emission; b. efficiency in combustion with a percentage of at least 99.99% (ninety-nine point ninety-nine per one hundred); and c. efficiency in degrading and removing the Principle Organic Hazardous Constituents (POHCs) with a percentage of at least 99.99% (ninety-nine point ninety-nine per one hundred); The standard efficiency in combustion as meant in paragraph (1) point b does not apply for the processing of hazardous waste that uses a kiln in the cement industry. The standard for efficiency in degrading and removing the Principle Organic Hazardous Constituents (POHCs) as meant in paragraph (1) point c shall not apply for the processing of hazardous waste that is infectious. The standard for efficiency in degrading and removing the compound as meant in paragraph (1) point c shall not apply for the processing of hazardous waste that is: a. in the form of Polychlorinated Dibenzofurans; and b. has the potential to produce : 1. Polychlorinated Dibenzofurans; and 2. Polychlorinated Dibenzo-p-dioxins. When the hazardous waste to be processed is Polychlorinated Biphenyls, the processing must meet the standard for efficiency in degrading and removing the Polychlorinated Biphenyl compound with a percentage of at least 99.9999% (ninety nine point nine thousand nine hundred ninety nine per one hundred). When the hazardous waste to be processed has the potential to produce Polychlorinated Dibenzofurans, the processing must meet the standard for efficiency in degrading and removing the Polychlorinated Dibenzofuran compound with a percentage of at least 99.9999% (ninety nine point nine thousand nine hundred ninety nine per one hundred). When the hazardous waste to be processed has the potential to produce Polychlorinated Dibenzop-dioxins, then the processing must meet the standard for efficiency in degrading and removing the Polychlorinated Dibenzo-p-dioxin compound with a percentage of at least 99.9999% (ninety nine point nine thousand nine hundred ninety nine per one hundred). Provisions regarding the standard quality for aair emission as meant in paragraph (1) point a shall be regulated in a Ministerial Regulation. Article 108

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(1) (2)

The standard for processing hazardous waste as meant in Article 106 paragraph (1) point b for hazardous waste processing by stabilization and solidification methods is the standard quality for stabilization and solidification based on organic and inorganic analysis. The organic and inorganic analysis as meant in paragraph (1) shall be done according to the procedures for leaching as specified in Appendix IV which is an inseparable part of this Government Regulation. Article 109

(1)

(2) (3)

The report as meant in Article 106 paragraph (1) point e should contain at least: a. the name and characteristics of the hazardous waste of which the processing is being tested; b. the procedure for performing the tests on the equipment, methods, technology, and/or facilities for processing hazardous waste; c. the results of the testing; and d. compliance with the standards set in the testing. The report as referred to in paragraph (2) should be delivered to the Minister at the latest 7 (seven) days from the time of testing. The Minister, after receiving the report meant in paragraph (2) must give a decision on the results of the testing within 7 (seven) working days from the day the report is received. Article 110

The application for a hazardous waste management permit for processing hazardous waste as meant in Article 106 paragraph (1) point f must be submitted at the latest 7 (seven) days after the decision on the results of testing has been made and announced. Article 111 (1)

(2) (3)

(4)

Any person who generates hazardous waste and has obtained the approval on the trial test implementation of hazardous waste processing as referred to in Article 103 paragraph 3 point a shall be required to obtain a decision for stopping activities in the event: a. the testing failed; b. the person intends to terminate the venture and/or activity; or c. the person intends to change the usage or to move the location and/or facility for testing. In order to obtain a decree to stop all activities, the person as meant in paragraph (1) shall be obligated to recover the functions of the environment and submit a written application to the Minister. The application to obtain a decree to stop activities as referred to in paragraph (2) should have the following requirements attached: a. the identity of the applicant; b. a report on implementation of the tests; and c. a report on the efforts made for the recovery of environmental functions. The Minister, after receiving the application as meant in paragraph (3), shall make an evaluation of the application and issue a decree to stop activities, within 30 (thirty) working days at the latest from the day the application was received. Article 111

Any person who generates hazardous waste and has obtained the approval on the trial test implementation of hazardous waste processing as meant in Article 103 paragraph (3) point a shall be forbidden to process hazardous waste until obtaining a hazardous waste management permit for the processing of hazardous waste.

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Article 113 (1) (2)

(3)

Any person who generates hazardous waste and shall obtain a hazardous waste management permit for processing hazardous waste must submit a written application to obtain a hazardous waste management permit for processing hazardous waste, to the Minister. The application to obtain a hazardous waste management permit for processing hazardous waste as referred to in paragraph (1) must include the following requirements: a. copy of the environmental permit; b. copy of the approval to conduct tests on the processing of hazardous waste; c. identity of the applicant; d. deed of establishment of the corporate body; e. documents on the results of testing the processing of hazardous waste; f. documents on the name, source, characteristics, and quantity of the hazardous waste being processed; g. documents on the places for hazardous waste storage according to the requirements as meant in Article 13 through Article 18; h. documents on hazardous waste packaging according to the requirements as meant in Article 19; i. documents regarding the design, technology, methods, processes, capacity and/or facilities of hazardous waste processing in accordance with those contained in the agreement as referred to in Article 103 paragraph (3) point a; j. documents on the name and amount of raw material and/or auxiliary material in the form of hazardous waste as a mixture for the processing of hazardous waste; k. procedures in utilizing hazardous waste; l. proof of ownership of the funds used to manage pollution and/or damages and recovery of the environment; and m. other document as required in the acts and the regulations. Applications for permits on hazardous waste processing activities category 2 of particular specific sources are exempted from the requirement for a permit as referred to in paragraph (2) point h. Article 114

(1)

(2) (3)

(4)

The Minister, after receiving the application for a hazardous waste management permit for processing hazardous waste as meant in Article 113 shall issue a written statement regarding the completeness of administrative requirements for the application of a permit at the latest 2 (two) working days from the day the application is received. After the application is declared complete, the Minister shall make verification within 45 (fortyfive) working days at the latest. In the event that verification results as referred to in paragraph (2) indicate: a. the application for a permit meets all the requirements, the Minister must issue a permit at the latest 7 (seven) working days from the day the verification results are known; or b. the application does not meet all the requirements, then the Minister shall reject the application for a permit with the reasons for rejection. The issuance of the permit as referred to in paragraph (3) point a must be announced through print and/or electronic media at the latest 1 (one) working day after the permit is issued. Article 115

(1)

The hazardous waste management permit for the processing of hazardous waste as meant in Article 114 paragraph (3) point a shall be valid for a period of 5 (five) years and can be extended.

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(2) (3)

(4)

The request for extension of a hazardous waste management permit for the processing of hazardous waste as meant in paragraph (1) should be submitted in writing to the Minister at the latest 60 (sixty) days before expiry of the permit. The request for extension of the permit as referred to in paragraph (2) must include the following: a. report on implementing the hazardous waste processing; b. copy of the environmental permit; c. copy of the approval to test the hazardous waste processing; d. the identity of the applicant; e. the deed of establishment of the corporate body; f. documents on implementing the tests on hazardous waste processing; g. documents on the name, source, characteristics and quantity of the hazardous waste to be processed; h. documents that describe the place of storage of the hazardous waste, as referred to in Article 113 paragraph (2) point g; i. documents that describe the packaging of hazardous waste according to the requirements as referred to in Article 113 paragraph (2) point h; j. documents that describe the technological design, method, process, capacity and/or facilities in processing the hazardous waste as meant in Article 113 paragraph (2) point i; k. documents on the name and quantity of raw material and/or auxiliary material in the form of hazardous waste for mixture in processing the hazardous waste; l. procedures in processing the hazardous waste; and m. proof of ownership of the funds used in managing pollution and/or damage and recovery of the environment. Applications for permit extensions on hazardous waste processing for hazardous waste processing activities category 2 from particular specific sources are exempted from permit extension requirements as referred to in paragraph (3) point i. Article 116

(1) (2) (3)

In the event of a change in the documents as referred to in Article 115 paragraph (3) point d up tp point l, and/or point m, the extension of permit by the Minister shall be issued in accordance with the provisions for issuance of a permit as meant in Article 114. When there is no change in the documents as referred to in paragraph (1), the Minister shall conduct an evaluation at the latest 10 (ten) working days from the day the request is received. In the event that evaluation results as referred to in paragraph (2) indicate: a. the request for extension of the permit meets the requirements, then the Minister shall issue the request for permit extension on the hazardous waste management hazardous waste processing activities at the latest 7 (seven) working days from the day the results of evaluation are known; or b. on applications for permit extensions that do not meet the requirements, the Minister will reject the application for permit extension for hazardous waste management for hazardous waste processing activities together with the reasons of rejection. Article 117

(1)

The holder of a hazardous waste management permit for the processing of hazardous waste shall be obliged to submit a request for changes to be made to the permit, in the event that changes are made to the requirements, which may be: a. the identity of the applicant; b. the deed of establishment of the corporate body; c. name and characteristics of hazardous waste processed; d. the design, technology, method, process, capacity and/or facilities in processing the hazardous waste; and/or

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e. (2) (3) (4) (5) (6)

the raw material and/or auxiliary material in the form of hazardous waste for mixture in processing the hazardous waste; The request to have changes made to the permit as meant in paragraph (1) must be submitted in writing to the Minister at the latest 30 (thirty) days after changes have occurred. The request to have changes made to the permit must be accompanied by documents showing that changes had been made to the requirements as referred to in paragraph (1). When changes have been made to the requirements as meant in paragraph (1) point a and/or point b, the Minister must conduct an evaluation of such a request at the latest 7 (seven) working days from the day the request to make changes was received. When changes have been made to the requirements as meant in paragraph (1) point c, point d and/or point e, the Minister shall conduct an evaluation of the request to make changes to the said permit at the latest 30 (thirty) working days from the day the request to make changes was received. If the results of evaluation as meant in paragraph (4) and (5): a. conformity of the data, the Minister shall issue the changes to the permit for hazardous waste management for hazardous waste processing at the latest 7 (seven) working days from the day the request to make changes to the permit was received; or b. non conformity of the data, then the Minister shall reject the request to make changes to the permit for hazardous waste management for hazardous waste processing with the reasons for rejection. Article 118

The verification time period as referred to in Article 114 paragraph (2) and evaluation as referred to in Article 116 paragraph (2) and Article 117 paragraph (4) and paragraph (5) are exclusive of the time required by the applicant to revise documents. Article 119 (1)

(2) (3)

The permit for hazardous waste treatment for hazardous waste treatment activities as referred to in Article 114 paragraph (3) point a, Article 116 paragraph (3) point a and Article 117 paragraph (6) point a shall at least contain : a. the permit holder identity; b. the date of permit issuance; c. the permit validity period; d. environmental requirements; and e. the obligations of the hazardous waste treatment permit holder for hazardous waste treatment activities. Environmental requirements as referred to in paragraph (1) point b shall at least be the hazardous waste treatment implementation in accordance with the hazardous waste treatment standards. The obligations of the hazardous waste treatment permit holder as referred to in paragraph (1) point e shall at least consist of: a. identify the collected hazardous waste; b. record the name and amount of the hazardous waste processed; c. function the hazardous waste storage location as a hazardous waste storage location; d. store the hazardous waste to be processed in the storage location; e. collect the hazardous waste to be processed; f. process the hazardous waste according to the hazardous waste treatment technology possessed; and g. prepare and submit a hazardous waste treatment report. Article 120

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The hazardous waste treatment permit for the hazardous waste treatment activities as referred to in Article 114 paragraph (3) point a, Article 116 paragraph (3) point a, and Article 117 paragraph (6) point a will expire when: a. the permit validity period expires; b. is revoked by the Minister; c. the corporation of the permit holder dissolves or is dissolved; or d. the environmental permit is revoked. Article 121 (1)

(2)

(3)

(4)

(5)

After the hazardous waste treatment permit for hazardous waste treatment activities is issued, the permit holder shall: a. meet the environmental requirements and implement the obligations as contained in the permit for hazardous waste management for hazardous waste processing activities; b. collect the hazardous waste produced in accordance with the provisions as referred to in Article 31; c. store the hazardous waste produced in the hazardous waste storage location in accordance with the provisions as referred to in Article 115 paragraph (3) point h; d. pack the hazardous waste produced in accordance with the provisions as referred to in Article 115 paragraph (3) point i; e. implement hazardous waste treatment produced in accordance with the provisions in the hazardous waste treatment permit for hazardous waste treatment activities; and f. meet the implementation standard of the hazardous waste treatment as referred to in Article 107 and Article 108; g. comply with the waste water quality standard in accordance with the rules and regulations, when the hazardous waste treatment produces waste water; h. store residue and/or combustion remainders if the hazardous waste treatment is performed thermally; and i. prepare and submit a hazardous waste treatment report. In the event that the hazardous waste treatment is performed thermally, apart from meeting the obligations as referred to in paragraph (1), any person producing hazardous waste shall store the residue and/or combustion remainders in the form of ashes and liquids as referred to in Article 13 up to Article 18. In the event that the hazardous waste treatment is performed by stabilization and solidification, apart from meeting the obligations as referred to in paragraph (1), any person producing hazardous waste shall dispose the hazardous waste produced by stabilization and solidification. The hazardous waste treatment report as referred to in paragraph (1) point i shall at least contain: a. the name, source, amount, and characteristics of the hazardous waste ; and b. the implementation of the hazardous waste treatment produced. The hazardous waste treatment report as referred to in paragraph (4) shall be submitted to the Minister at least 1 (one) time in 3 (three) months since the permit is issued. Article 122

(1)

Any person producing hazardous waste who already possesses a hazardous waste treatment permit for hazardous waste treatment activities shall obtain an activity termination decision if intending to: a. terminate the operations and/or activities; or b. change the usage or move the location and/or facility of the hazardous waste treatment.

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(2) (3)

(4)

To obtain the termination decision, any person as referred to in paragraph (1) shall restore the environmental functions and file a written request to the Minister. The request as referred to in paragraph (2) shall be completed with: a. the applicant identity; b. a report on the hazardous waste disposal implementation; and c. a report on the implementation of the environmental restoration function. The Minister, after receiving the request as referred to in paragraph (3) will evaluate the request and issue an activity termination decision no later than 30 (thirty) working days since the request is received. Article 123

(1)

(2) (3) (4)

In the event that any person producing hazardous waste is not capable to implement the hazardous waste treatment produced himself, then: a. the hazardous waste treatment is delivered to a hazardous waste processor ; or b. export the hazardous waste produced. Delivery of hazardous waste to a hazardous waste processor as referred to in paragraph (1) point a is accompanied by a hazardous waste delivery evidence. A copy of proof of hazardous waste delivery as referred to in paragraph (2) is submitted to the Minister no later than 7 (seven) days after the delivery of hazardous waste. Export of hazardous waste as referred to in paragraph (1) point b may be conducted if the technology on hazardous waste utilization and/or domestic hazardous waste processing is not available. Article 124

(1)

(2) (3)

(4) (5) (6)

Any person as referred to in Article 123 to implement the export of hazardous waste produced, shall: a. submit a written notification of request to the Minister; b. inform the route of the hazardous waste export to be passed; c. fill-out the notification form from the Minister; and d. possess a hazardous waste export permit. The Minister will submit a notification to the authorities of the country of export designation and the transit country based on the notification request as referred to in paragraph (1) point a. The notification submitted by the Minister as referred to in paragraph (2) shall at least contain: a. the identity of the hazardous waste and the applicant; b. the identity of the hazardous waste importer at the country of designation; c. name, characteristics, and amount of hazardous waste to be exported; and d. implementation time of the hazardous waste export. In the event that the notification referred to in paragraph (2) is approved by the authorities of the country of designation and transit country of the hazardous waste, the Minister will issue an export recommendation of hazardous waste export. The recommendation of hazardous waste export as referred to in paragraph (4) is the basis to issue a hazardous waste export permit by the Minister who performs the Government affairs in the trade sector. The requirements and procedure for application and issuance of the hazardous waste export permit are implemented in accordance with the rules and regulations. Section Three Hazardous Waste Treatment by the Hazardous Waste Processor

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Article 125 (1) (2)

(3) (4) (5)

(6) (7)

(8) (9)

The hazardous waste processor, to be able to implement the hazardous waste treatment submitted by any person as referred to in Article 123 paragraph (1) point a shall possess a hazardous waste treatment permit for hazardous waste treatment activities. Hazardous waste treatment by the processor of hazardous waste as referred to in paragraph (1) is performed by the following methods: a. thermally b. stabilization and solidification; and/or c. other methods in accordance to technology developments. Hazardous waste treatment as referred to in paragraph (1) is conducted by considering: a. the availability of technology; and b. environmental standards or environmental quality standards. Hazardous waste treated as referred to in paragraph (2) can originate from hazardous waste produced by one or several persons producing hazardous waste. Prior to obtaining a hazardous waste treatment permit for hazardous waste treatment activities as referred to in paragraph (1), the hazardous waste processor shall possess: a. an environmental permit; and b. approval of the trial run implementation of hazardous waste treatments. The requirements and procedure for the application and issuance of an environmental permit as meant in paragraph (5) poin a is conducted in accordance with the rules and regulations. The approval as referred to in paragraph (5) point b is required for hazardous waste treatment in the following methods: a. thermally as referred to in paragraph (2) point a; and b. other methods according to the development of technology as referred to in paragraph (2) point c that do not possess an Indonesian national standard. The approval as referred to in paragraph (5) point b is provided by the Minister to perform trial runs of equipments, methods, technology, and/or hazardous waste treatment facilities. Further provisions on the details of hazardous waste treatments that are required to obtain the approval as referred to in paragraph (7) and the procedures of the trial run implementation equipments, methods, technology, and/or hazardous waste treatments as referred to in paragraph (8) are regulated by the Regulation of the Minister. Article 126

(1) To obtain the approval for the trial run implementation of hazardous waste treatments as referred to in Article 125 paragraph (8), the hazardous waste processor shall file a written request to the Minister. (2) The written request as referred to in paragraph (1) shall be completed with requirements, consisting of: a. the applicant identity; b. deed of incorporation; c. proof of ownership on pollution handling funds and/or damage and environmental restoration; and d. documents on trial runs of equipments, methods, technology, and/or hazardous waste treatment facilities. (3) Documents on trial runs as referred to in paragraph (2) point d shall at least consist of: a. the trial run site; b. schedule of the trial run implementation;

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(4)

c. description of the equipments, methods, technology, and/or hazardous waste treatment facilities; d. description on the trial run implementation plan; and e. the handling procedure on the trial run implementation. Further provisions on the details of the trial run plan documents are regulated in the Regulation of the Minister. Article 127

(1)

(2) (3)

(4)

The Minister after receiving the request for approval of the trial run implementation of hazardous waste treatments as referred to in Article 126 provides a written statement on the completeness of the permit request administration no later than 2 (two) working days after the request is received. After the request is declared complete, the Minister will verify in no later than 45 (forty five) working days. In the event verification results as referred to in paragraph (2) indicate; a. the request for approval meets the requirements, the Minister issues an approval for the trial run implementation of hazardous waste treatments no later than 7 (seven) working days after the verification results are known. b. the request for approval does not meet the requirements, the Minister will reject the request for approval for the trial run implementation of hazardous waste treatments with the reasons of rejection. The approval as referred to in paragraph (3) point a shall at least contain of: a. the applicant identity; b. the procedure for the trial run implementation; c. name, source, characteristics, and amount of hazardous waste to be treated; d. the obligation of the applicant to meet the hazardous waste treatment implementation standards; and e. period of the approval validity. Article 128

The verification time period as referred to in Article 127 paragraph (2) does not include the time period required by the applicant to revise documents. Article 129 The approval as referred to in Article 127 paragraph (3) point a is valid for no longer than 1 (one) year and cannot be extended. Article 130 (1)

After obtaining the approval as referred to in Article 127 paragraph (3) point a the hazardous waste processor shall: a. start the trial run implementation of equipment, methods, technology and hazardous waste treatment facility no later than 7 (seven) days since the approval of trial run implementation of hazardous waste treatments is provided; b. meet the hazardous waste treatment implementation standard as referred to in Article 107 and Article 108; c. comply with waste water quality standards in accordance with the rules and regulations, if the trial run produces waste water; d. stop the trial run of the hazardous waste treatment implementation if the trial run results exceed the standards and/or environmental quality standards;

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(2) (3) (4)

e. report the trial run implementation results of equipments, methods, technology and hazardous waste treatment facilities; and f. file a request for a hazardous waste treatment permit for hazardous waste treatment activities, if the trial run results meet the hazardous waste treatment requirements. In the event that the hazardous waste treatment trial run is performed thermally, apart from meeting the obligations as referred to in paragraph (1), residue and/or combustion remainders in the form of ashes and liquid, storage shall be conducted. Storage of residue and/or combustion remainders as referred to in paragraph (2) shall be implemented in accordance with the provisions of the hazardous waste storage as referred to in Article 13 up till Article 18. In the event that the hazardous waste treatment trial run is performed by stabilization and solidification, apart from meeting the obligations as referred to in paragraph (1), the stabilization and solidification results shall be disposed at the final hazardous waste cover up facility. Article 131

(1)

(2) (3)

The report as referred to in Article 130 paragraph (1) point e shall at least contain: a. the name and characteristics of hazardous waste which treatment is tested. b. the procedure for the trial run implementation of equipments, methods, technology, and/or hazardous waste treatment facilities; c. trial run implementation results; and d. meet the standards set out in the trial run. The report as referred to in paragraph (1) shall be submitted to the Minister no later than 7 (seven) days since the trial run commences. The Minister, after receiving the report referred to in paragraph (2) provides a decision on the trial run implementation results no later than 7 (seven) days since the report received. Article 132

The submission of the application for the Hazardous Waste Management permit for Hazardous Waste Processing activities as meant in Article 130 paragraph (1) point f shall be implemented no later than 7 (seven) days after the decision on the testing results is received. Article 133 (1)

(2) (3)

(4)

The Hazardous waste processor who already obtains the approval as referred to in Article 127 paragraph (3) point a shall possess an activity termination decision if: a. the trial run fails; b. intends to terminate the operations and/or activities; or c. intends to change the use and move the location and/or trial run facilities. To obtain an activity termination decision, any person as referred to in paragraph (1) shall implement the restoration of the environmental function and file a written request to the Minister. The termination decision request as referred to in paragraph (1) is completed with: a. the applicant identity; b. report on the trial run implementation results; and c. report on the implementation of the environmental function restoration. The Minister, after receiving the request as referred to in paragraph (3) evaluates the request and will issue an activity termination decision no later than 30 (thirty) working days after the request is received.

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Article 134 The hazardous waste processor who possesses an approval as referred to in Article 127 paragraph (3) point a is prohibited to implement hazardous waste treatments until obtaining the hazardous waste treatment permit for hazardous waste treatment activities. Article 135 (1) (2)

(3)

The hazardous waste processor, to obtain the hazardous waste treatment permit for hazardous waste treatment activities shall file a written request for the hazardous waste treatment permit for hazardous waste treatment activities to the Minister. The request for the hazardous waste treatment permit for hazardous waste treatment activities as referred to in paragraph (1) shall be completed with requirements consisting of: a. a copy of the environmental permit; b. a copy of the approval on the trial run implementation of the hazardous waste treatment; c. proof of delivery of hazardous waste from any person producing hazardous waste to the hazardous waste treatment; d. the applicant identity; e. deed of incorporation; f. the implementation document on the hazardous waste treatment trial run results; g. documents on the name, source, characteristics and amount of hazardous waste to be treated; h. documents on the storage location of hazardous waste in accordance with the requirements as referred to in Article 13 up till Article 18; i. documents on the packaging of hazardous waste in accordance with the requirements referred to in Article 19; j. documents regarding design of technology, methods, processes and hazardous waste treatment facilities in accordance with those contained in the approval of the trial run implementation of hazardous waste treatments; k. documents on the name and amount of raw materials and/or supporting materials such as hazardous waste for the mixture of hazardous waste treatment; l. hazardous waste treatment procedure; m. proof of ownership of the funds used in managing pollution and/or damage and recovery of the environment; n. Other documents as required in the acts and regulations. Applications for permits on hazardous waste management for hazardous waste utilization activities category 2 from particular specific sources are exempted from the requirement for permit applications as referred to in paragraph (2) point i. Article 136

(1)

(2) (3)

The Minister after receiving the request for the hazardous waste treatment permit for hazardous waste treatment activities as referred to in Article 135 provides a written statement regarding the administrative completeness of the request for the permit no later than 2 (two) working days since the request is received. After the request is declared complete, the Minister verifies no later than 45 (forty-five) working days. In the event that verification results as referred to in paragraph (2) indicate; a. the request for the permit meets the requirements, the Minister issues a permit for hazardous waste treatments for hazardous waste treatment activities no later than 7 (seven) working days after the verification results are known; or

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(4)

b. the request for the permit does not meet the requirements, the Minister will reject the request for the permit for hazardous waste treatments for hazardous waste treatment activities with the reasons of rejection. The issuance of the permit as referred to in paragraph (3) point a shall be announced through the print media and/or electronic media no later than 1 (one) work day since the permit is issued. Article 137

(1) (2)

(3)

(4)

Hazardous waste treatment permit for hazardous waste treatment activities as referred to in Article 136 paragraph (3) point a is valid for 5 (five) years and may be extended. The request for extension of the hazardous waste treatment permit for hazardous waste treatment activities as referred to in paragraph (1) shall be filed in writing to the Minister no later than 60 (sixty) days prior to the hazardous waste treatment permit time period for hazardous waste treatment activities expires. A request for the permit extension as referred to in paragraph (2), is completed with: a. a report on the implementation of the hazardous waste treatment; b. a copy of the environmental permit; c. a copy of the approval of the trial run implementation of hazardous waste treatment; d. the applicant identity; e. deed of incorporation; f. documents on the implementation results of the hazardous waste treatment trial run; g. documents on the name, source, characteristics, and amount of hazardous waste to be treated; h. documents on the storage location of hazardous waste as referred to in Article 135 paragraph (2) point h; i. documents on the packaging of hazardous waste in accordance with the requirements as referred to in Article 135 paragraph (2) point i; j. documents on the design of technology, methods, processes, and hazardous waste treatment capacity as referred to in Article 135 paragraph (2) point j; k. documents on the name and amount of raw materials and/or support materials in the form of hazardous waste for the mixture of hazardous waste treatment; l. the procedure of hazardous waste treatment; and m. proof of ownership of the funds used in managing pollution and/or damage and recovery of the environment. Applications for permit extensions of hazardous waste management for hazardous waste treatments category 2 from particular specific sources are exempted from the requirement of permit extensions as referred to in paragraph (3) point i. Article 138

(1)

(2) (3)

In the event of adjustments of documents as referred to in Article 137 paragraph (2) point d up to point l, and/or point m, the issuance of the permit extension for hazardous waste management for hazardous waste treatment activities by the Minister will be implemented in accordance with the provisions as referred to in Article 136. In the event that there are no adjustments in the document as referred to in paragraph (1), the Minister will evaluate it no later than 10 (ten) working days since the request is received. In the event that evaluation results as referred to in paragraph (2) indicates; a. the request for the permit extension meets the requirements, then the Minister will issue a permit extension for hazardous waste management for hazardous waste treatment activities no later than 7 (seven) working days since the evaluation results are known; or

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b.

the request for the permit extension does not meet the requirements, then the Minister will reject the request for the permit extension for hazardous waste management for hazardous waste treatment activities with the reasons of rejection. Article 139

(1)

(2) (3) (4) (5) (6)

The permit holder of the hazardous waste for hazardous waste treatment activities shall file a permit amendment if there are amendments to the requirements that consist of: a. the applicant identity; b. deed of incorporation; c. name and characteristics of hazardous waste treated; d. design of technology, methods, processes, capacity, and/or hazardous waste treatment facilities; and/or e. hazardous waste raw materials and/or support materials as mixture for hazardous waste treatments. The request for permit amendments is filed in writing to the Minister no later than 30 (thirty) days after the amendments occur. The request for permit amendments shall be completed with documents indicating the amendments to the requirements as referred to in paragraph (1). In the event of amendments to the requirements as referred to in paragraph (1) point a and/or point b, the Minister evaluates the request for permit amendments no later than 7 (seven) working days after the request for permit amendments is received. In the event of amendments to the requirements as referred to in paragraph (1) point c, point d, and/or point e, the Minister evaluates the request for the permit amendments no later than 30 (thirty) working days after the request for permit amendments is received. In the event that the evaluation results as referred to in paragraph (4) and paragraph (5) indicate: a. suitability of data, the Minister shall issue a permit adjustment on hazardous waste management for hazardous waste treatments no later than 7 (seven) working days after the evaluation results are known; or b. unsuitability of data, then the Minister shall reject the application of the permit adjustment on hazardous waste management for hazardous waste treatments together with the reasons for the rejection. Article140

The verification period as referred to in Article 136 paragraph (2) and evaluation as referred to in Article 138 paragraph (2), and Article 139 paragraph (4) and paragraph (5) does not include the time required by the applicant to revise the documents. Article 141 (1)

The permit for hazardous waste treatment for hazardous waste treatment activities as referred to in Article 136 paragraph (3) point a, Article 138 paragraph (3) point a , and Article 139 paragraph (6) point a shall at least contain: a. the permit holder identity; b. date of permit issuance; c. permit validity period; d. environmental requirements; and e. the obligations of the hazardous waste treatment permit holder for hazardous waste treatment activities.

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(2) (3)

The environmental requirements as referred to in paragraph (1) point d shall at least be in the form of hazardous waste treatment implementation in accordance with the hazardous waste treatment standard. The obligations of the hazardous waste treatment permit holder for hazardous waste treatment activities as referred to in paragraph (1) point e shall at least consist of: a. identifying hazardous waste collected; b. recording the name and amount of hazardous waste yang treated; c. function the hazardous waste storage location as the location to store hazardous waste; d. store the hazardous waste to be treated into the storage location; e. collect the hazardous waste to be treated; f. treat hazardous waste in accordance with the hazardous waste treatment technology possessed; and g. prepare and submit a hazardous waste treatment report. Article 142

The hazardous waste treatment permit for hazardous waste treatment activities as referred to in Article 136 paragraph (3) point a, Article 138 paragraph (3) point a, and Article 139 paragraph (6) point a shall end if: a. the period of permit validity is expired and no permit extension is conducted; b. is revoked by the Minister; c. the legal entity of the permit holder dissolves or is dissolved; or d. the environmental permit is revoked. Article 143 (1) After the hazardous waste treatment permit for hazardous waste treatment activities is issued, the permit holder shall: a. meet environmental requirements and implement the obligations as contained in the hazardous waste treatment permit for hazardous waste treatment activities; b. collect hazardous waste produced in accordance with the provisions as referred to in Article 31; c. store the hazardous waste produced in the hazardous waste storage location in accordance with the provisions as referred to in Article 135 paragraph (2) point h; d. pack the hazardous waste produced in accordance with the provisions as referred to in Article 135 paragraph (2) point i; e. implement hazardous waste treatment produced in accordance with the provisions contained in the hazardous waste treatment permit for hazardous waste treatment activities; f. meet the hazardous waste treatment implementation standards as referred to in Article 107 and Article 108; g. comply with waste water quality standards in accordance with the rules and regulations, if the hazardous waste treatment produces waste water; h. store the residue and/or combustion remainders if the hazardous waste treatment is performed thermally; and i. prepare and submit a hazardous waste treatment report. (2) In the event that the hazardous waste treatment is performed thermally, apart from meeting the obligations as referred to in paragraph (1), any person producing hazardous waste shall store the residue and/or combustion remainders in the form of ashes and liquids as referred to in Article 13 up to Article 18. (3) In the event that the hazardous waste treatment is performed by stabilization and solidification, apart from meeting the obligations as referred to in paragraph (1), any person

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(4)

(5)

producing hazardous waste shall dispose the hazardous waste resulting from stabilization and solidification at the final cover up facility of the hazardous waste. The hazardous waste treatment report as referred to in paragraph (1) point i shall at least contain: a. the source, name, amount and characteristics of hazardous waste; and b. the implementation of the hazardous waste treatment produced. The hazardous waste treatment report as referred to in paragraph (4) is submitted to the Minister at least 1 (one) time in 3 (three) months since the permit is issued. Article 144

(1) (2) (3)

(4)

The hazardous waste processor shall possess an activity termination decision if intending to: a. terminate the operations and/or activities; or b. change the use or move the location and/or hazardous waste utilization facilities. In order to obtain a decision for cessation of activities, the hazardous waste processor as referred to in paragraph (1) shall perform restoration of environmental functions and shall file a written request to the Minister. The request as referred to in paragraph (2) is completed with: a. the applicant identity; b. report on the implementation of hazardous waste treatments; and c. report on the implementation of the restoration of environmental functions. The Minister, after receiving the request as referred to in paragraph (3) evaluates the request and issues an activity termination decision no later than 30 (thirty) working days since the request is received. CHAPTER IX DISPOSAL OF HAZARDOUS WASTE Section One General Article 145

(1) (2)

Every Person producing hazardous waste shall stockpile the hazardous waste. In the event that any person as referred to in paragraph (1) is unable to do it themselves, the disposal of hazardous waste may be delivered to a hazardous waste accumulator. Section Two Disposal of Hazardous Waste by Any Person Producing Hazardous Waste Article 146

(1) (2)

Disposal of hazardous waste as referred to in Article 145 paragraph (1) shall be based on a hazardous waste treatment permit for the hazardous waste disposal activities. Disposal of hazardous waste as referred to in paragraph (1) may be conducted in hazardous waste disposal facilities in the form of: a. final landfill; b. injection wells; c. replacing in former mine areas; d. dam tailing; and/or

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(3)

(4)

e. other hazardous waste disposal facilities in accordance with the development of science and technology. Hazardous waste disposal facilities in the form of the final landfill as referred to in paragraph (2) point a consist of the final landfill facility: a. class I; b. class II; and c. class III. Hazardous waste from specific sources particularly category 2 that have contamination levels larger than or equal to 1 Bq/cm2 (one Becquerel per square centimeter) and/or activity concentrations of: 1. 1 Bq/gr (one Becquerel per gram) for every radionuclide member of the uranium and thorium series; or 2. 10 Bq/gr (ten Becquerel per gram) for potassium. Stockpiling is conducted at the final cover up facility of hazardous waste class II as referred to in paragraph (3) point b.

(5)

Radionuclide as referred to in paragraph (4) point a at least consists of: a. Uranium-238 (U-238); b. Plumbum-210 (Pb-210); c. Radium-226 (Ra-226); d. Radium-228 (Ra-228); e. Thorium-228 (Th-228); f. Thorium-230 (Th-228); g. Thorium-234 (Th-234); and/or h. Polonium-210 (Po-210).

(6)

Radionuclide Polonium-210 (Po-210) as meant in paragraph (5) point h is only valid for determining radionuclide activities that are members of the uranium and thorium series in Hazardous Waste originating from natural gas exploitation and refining. Hazardous waste in the form of tailing from mining that has a level of radioactive contamination as meant in paragraph (4) may be placed in Hazardous Waste Landfilling facilities in the form of tailing dams. Provisions on Hazardous Waste Landfilling facilities as meant in paragraph (3) are stipulated in the Ministerial Regulation.

(7) (8)

Article 147 (1)

(2) (3)

(4)

Any person producing hazardous waste who will dispose hazardous waste in the final landfill facilities as referred to in Article 146 paragraph (3) shall conduct total tests of contaminants concentration prior to filing a request for a hazardous waste treatment permit for the disposal of hazardous waste. Total tests of contaminants concentration as referred to in paragraph (1) shall be conducted in test laboratories as referred to in Article 6. Any person producing hazardous waste as referred to in paragraph (1): a. shall propose a request for a hazardous waste treatment permit to dispose hazardous waste no later than 30 (thirty) days since the total tests of contaminants concentration is completed; or b. may deliver it to a hazardous waste accumulator. Provisions on implementing the total contaminant concentration test for Hazardous Waste Landfilling as meant in paragraph (1) are stipulated in the Ministerial Regulation. Article 148

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(1)

(2)

(3)

(4)

The Hazardous Waste Landfilling Location shall fulfill requirements covering: a. flood free; b. soil permeability; c. area that is geologically safe, stable, not prone to disasters, and outside of protected zones; and d. not an area with groundwater catchment, particularly used for drinking water. Soil permeability requirements as meant in paragraph (1) point b are not valid for Hazardous Waste Landfilling using facilities in the form of: a. injection wells; b. reinstatement in mined areas; c. tailing dams; and/or d. other Hazardous Waste Landfilling Facilities in accordance with science and technology development. Soil permeability as meant in paragraph (1) point b consists of: a. soil permeability with a maximum value of 10-7 cm/second (ten rating minus seven centimeters per second), for grade I and grade II Hazardous Waste Landfill facilities; and b. soil permeability with a maximum value of 10-5 cm/second (ten rating minus five centimeters per second), for grade III hazardous waste landfill facilities. Further provisions on the details of location requirements for Hazardous Waste Landfill facilities are stipulated in the Ministerial Regulation. Article 149

(1)

(2) (3)

The hazardous waste disposal facility shall meet requirements that include: a. facility design; b. has a coating system that is completed with: 1. channels for surface water regulation; 2. collecting lye water and its treatments; 3. monitoring wells; and 4. final cover layer; c. has support equipment of hazardous waste disposal that at least consists of: 1. equipment and supplies to handle emergencies; 2. vehicles to dispose hazardous waste; and 3. protective equipment and personal safety; d. has a hazardous waste disposal plan, closing and post-closing of the hazardous waste disposal facilities. The requirement to possess a coating system as referred to in paragraph (1) point b is not applicable to the hazardous waste stockpiling facility in the form of injection wells and/or reinstatement in former mining areas. Further provisions on the details of the hazardous waste disposal facility requirements are regulated with the Regulation of the Minister. Article 150

(1)

(2)

Any person producing hazardous waste shall conduct hazardous waste treatment in accordance with the implementation standard of hazardous waste treatments as referred to in Article 107 and/or Article 108 for hazardous waste which will perform disposal at the final landfill facility. Hazardous waste category 1 as referred to in paragraph (1) shall be disposed at the final landfill facility in accordance with total test results of contaminants concentrations as referred to in Article 147.

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Article 151 (1) (2) (3) (4)

(5)

Any person producing hazardous waste, to obtain a hazardous waste treatment permit for hazardous waste disposal activities shall file a written request to the Minister. Prior to obtaining a Hazardous Waste Management permit for Hazardous Waste Landfill activities as meant in paragraph (1), Any Person who generates Hazardous Waste shall have an Environmental Permit. The requirements and procedures of Environmental Permit applications and issuance as meant in paragraph (2) are implemented in accordance with the provisions of the legislation. The request for the hazardous waste treatment permit for hazardous waste disposal activities as referred to in paragraph (1) is completed with requirements consisting of: a. copy of the environmental permit; b. the applicant identity; c. deed of incorporation; d. documents regarding the name, source, characteristics and amount of hazardous waste to be disposed; e. documents on the hazardous waste storage location in accordance to the requirements as referred to in Article 13 up to Article 18; f. documents on the packaging of hazardous waste in accordance with the requirements as referred to in Article 19; g. documents regarding the location and hazardous waste disposal facilities in accordance with Article 148 and Article 149; h. documents regarding design, technology, method and process of Hazardous Wastes disposal i. the procedure of hazardous waste disposal j. proof of ownership of funds of pollution handling and/or damage and environmental restoration. k. other documents as required in the acts and regulations. The requirements of the permit request as referred to in paragraph (4) point f do not apply for the request for a hazardous waste treatment permit for hazardous waste treatment activities from specific particular sources of category 2. Article 152

(1)

(2) (3)

(4)

The Minister after receiving the request for the hazardous waste treatment permit for the hazardous waste disposal activities as referred to in Article 151 will provide a written statement on the administrative completeness of the permit request no later than 2 (two) working days since the request is received. After the request is declared complete, the Minister will verify no later than 45 (forty-five) working days. In the event that verification results as referred to in paragraph (2) indicate: a. the permit request meet the requirements, the Minister will issue a permit on hazardous waste management for hazardous waste stockpiling activities no later than 7 (seven) working days since the verification results are known; or b. the permit request does not meet the requirements, the Minister will reject the permit application for hazardous waste management for hazardous waste stockpiling activities together with the reasons for rejection. The permit issuance as referred to in paragraph (3) point a will be published through the print media and/or electronic media no later than 1 (one) work day since the issuance of the permit. Article 153

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(1) (2)

(3)

(4)

The hazardous waste treatment permit for the hazardous waste disposal activities as referred to in Article 152 paragraph 3 point a shall be valid for 10 (ten) years and may be extended. The application for extension of the hazardous waste treatment permit for hazardous waste disposal activities as referred to in paragraph (1) is filed in writing to the Minister no later than 60 (sixty) days prior to the time period the hazardous waste treatment permit for hazardous waste treatment activities expires. The request for a permit extension as referred to in paragraph (2), shall be completed with: a. a report on the implementation of the hazardous waste disposal; b. a copy of the environmental permit; c. the applicant identity; d. deed of incorporation; e. documents on the name, source, characteristics and amount of hazardous waste to be disposed; f. documents on the storage location of hazardous waste in accordance with the requirements as referred to in Article 151 paragraph (4) point e; g. documents on the packaging of hazardous waste on accordance with the requirements as referred to in Article 151 paragraph (4) point f; h. documents on the location, and hazardous waste disposal facilities in accordance with Article 151 paragraph (4) point g; i. documents on the design, technology, method, process and hazardous waste disposal; j. the procedure of hazardous waste disposal; and k. proof of ownership of funds on pollution handling and/or damages and environmental restoration. Requirements for the permit extension of as referred to in paragraph (3) point g do not apply for the request of permit extension of hazardous waste treatment for hazardous waste disposal activities from specific particular sources of category 2. Article 154

(1) (2) (3)

In the event of adjustments to documents as referred to in Article 153 paragraph (3) point c up till point i, and/or point j, the issuance of the permit extension by the Minister is implemented in accordance with the provisions as referred to in Article 152. In the event that there are no adjustments to the documents as referred to in paragraph (1), the Minister will evaluate no later than 10 (ten) working days since the request is received. In the event that evaluation results as referred to in paragraph (2) indicate; a. the request for the permit extension meet the requirements, the Minister will issue the permit extension of hazardous waste management for hazardous waste stockpiling activities no later than 7 (seven) working days since the evaluation results are known; or b. the request for the permit extension does not meet the requirements, the Minister will reject the request for the permit extension for hazardous waste management for hazardous waste stockpiling activities with the reasons of rejection Article 155

(1)

The permit holder of the hazardous waste treatment for the hazardous waste disposal activities shall file a permit adjustment on the requirements consisting of: a. the applicant identity; b. deed of incorporation; c. name and characteristics of hazardous waste disposed; and/or

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d.

(2) (3) (4) (5) (6)

design, technology, method, process, capacity, and/or the hazardous waste disposal facility. The request for the permit adjustment is filed in writing to the Minister no later than 30 (thirty) days after the adjustment. The request for the permit adjustment is completed with documents indicating the adjustments to the requirements as referred to in paragraph (1). In the event of adjustments to the requirements as referred to in paragraph (1) point a and/or point b, the Minister will evaluate the request for the permit adjustment no later than 7 (seven) working days since the request for the permit adjustment is received. In the event of adjustments to the requirements as referred to in paragraph (1) point c and/or point d, the Minister will evaluate the request of the permit adjustment no later than 30 (thirty) working days since the request of the permit adjustment is received. In the event evaluation results as referred to in paragraph (4) and paragraph (5) indicate: a. suitability of data, then the Minister will issue a permit adjustment on hazardous waste management for hazardous waste stockpiling activities no later than 7 (seven) work days since evaluation results are known; or b. unsuitability of data, then the Minister will reject the application for permit adjustment on hazardous waste management for hazardous waste stockpiling activities together with the reasons for rejection. Article 156

The verification time period as referred to in Article 152 paragraph (2) and evaluation as referred to in Article 154 paragraph (2) and Article 155 paragraph (5) is exclusive of the time required by the applicant to revise the documents. Article 157 (1)

(2) (3)

The hazardous waste treatment permit for hazardous waste disposal activities as referred to in Article 152 paragraph (3) point a, Article 154 paragraph (3) point a, and Article 155 paragraph (6) point a shall at least contain: a. the permit holder identity; b. date of the permit issuance; c. permit validity period; d. environmental requirements; and e. the obligations of the hazardous waste treatment permit holder for hazardous waste disposal activities. Environmental requirements as referred to in paragraph (1) point d shall at least be in the form of the hazardous waste disposal implementation in accordance with the hazardous waste disposal standards. The obligations of the hazardous waste treatment permit holder for hazardous waste disposal activities as referred to in paragraph (1) point e shall at least consist of: a. identify the hazardous waste collected; b. record the name and amount of hazardous waste to be disposed; c. function the hazardous waste storage location as the hazardous waste storage location; d. store the hazardous waste to be disposed in the storage location; e. prepare and submit a hazardous waste disposal report. Article 158

The hazardous waste treatment permit for hazardous waste disposal activities as referred to in Article 152 paragraph (3) point a, Article 154,paragraph (3) point a and Article 155 paragraph (6) point a shall end if: GR101_2014

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a. b. c. d.

the permit validity period is expired and no permit extension is conducted; is revoked by the Minister; the legal entity of the permit holder dissolves or is dissolved; or the environmental permit is revoked. Article 159

(1)

(2)

(3)

(4) (5)

After the hazardous waste treatment permit for hazardous waste disposal activities is issued, the permit holder shall: a. implement the fulfilling of environmental requirements and obligations as referred to in the hazardous waste treatment permit for hazardous waste disposal activities; b. collect the hazardous waste produced in accordance with the provisions referred to in Article 31; c. store the hazardous waste produced in the storage location of hazardous waste in accordance with the provisions referred to in Article 151 paragraph (4) point e; d. dispose the hazardous waste produced in accordance with the provisions in the hazardous waste treatment permit for hazardous waste disposal activities; e. meet the standards and/or environmental quality standards on the implementation of hazardous waste disposal; f. comply to the waste water quality standard in accordance with the rules and regulations, if the disposal produces waste water; g. fence and mark the location of the hazardous waste disposal; h. monitor the groundwater quality and handle negative impacts that may arise due to the emerge of hazardous waste to the environment; i. cover the top part of the final landfill location; and j. prepare and submit a report on hazardous waste disposal. The obligation to cover the final landfill facility referred to in paragraph (1) point i is conducted when: a. the final landfill facility is already full; and/or b. the final landfill activity is intentionally terminated. The report on the hazardous waste disposal referred to in paragraph (1) point j shall at least contain: a. the name, source, amount and characteristics of the hazardous waste; and b. the implementation of the hazardous waste disposal produced. The report on the hazardous waste disposal as referred to in paragraph (3) is submitted to the Minister at least 1 (one) time in 3 (three) months after the permit is issued. Further provisions on the procedures and implementation details of closing the top of the final cover up facility as referred to in paragraph (1) point i is regulated by the Regulations of the Minister. Article 160

(1)

(2) (3)

Any person producing hazardous waste who already obtains a hazardous waste treatment permit for hazardous waste disposal activities shall possess an activity termination decision when: a. terminating the operations and/or activities; b. change the use or move the location and/or the facilities of the hazardous waste disposal; or c. completes the hazardous waste disposal. To obtain a termination decision, any person as referred to in paragraph (1) shall restore the environmental function and file a written request to the Minister. The request for the termination decision as referred to in paragraph (1) is completed with: a. the applicant identity;

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(4)

b. a report on the implementation of the hazardous waste disposal; and c. a report on the implementation of the environmental function restoration. The Minister after receiving the request as referred to in paragraph (3) evaluates the request and issues an activity termination decision no later than 30 (thirty) working days after the request is received. Article 161

(1)

(2) (3)

(4)

Any person producing hazardous waste who already receives the activity termination decision as referred to in Article 160 paragraph (4) shall monitor the environment at the former location and/or hazardous waste disposal facility that already is provided with the decision. Monitoring of the environment as referred to in paragraph (1) shall be implemented for a minimum of 30 (thirty) years after the activity termination decision is issued. Environmental monitoring as referred to in paragraph (2) shall at least include the following activities: a. monitoring of potential leakages, leaching, and/or failure of the hazardous waste disposal facility; b. monitor the environmental quality in the surroundings of the hazardous waste disposal facility location; and c. periodically report the monitoring results as referred to in point a and point b. Further provisions on the procedure and requirements of the environmental monitoring is regulated in the Regulation of the Minister. Article 162

(1) (2) (3)

In the event of any person producing hazardous waste is not able to implement the hazardous waste disposal produced themselves, the hazardous waste disposal may be delivered to a hazardous waste accumulator. The delivery of the hazardous waste to the hazardous waste accumulator as referred to in paragraph (1) is accompanied by a proof of delivery of hazardous waste. A copy of the proof of delivery of hazardous waste is submitted to the Minister by any person as referred to in paragraph (2) no later than 7 (seven) days after the delivery of hazardous waste. Section Three Hazardous Waste Disposal by the Hazardous Waste Accumulator Article 163

(1) (2) (3) (4) (5)

The hazardous waste accumulator to implement the hazardous waste disposal delivered by any person as referred to in Article 162 shall possess a hazardous waste treatment permit for hazardous waste disposal activities. Hazardous waste disposal by the hazardous waste accumulator is conducted in the final landfill facility of hazardous waste in accordance with the provisions as referred to in Article 146 paragraph (3) and paragraph (4). Hazardous waste treated as referred to in paragraph (2) may originate from hazardous waste produced by one or several people producing hazardous waste. Prior to obtaining the hazardous waste treatment permit for hazardous waste disposal activities as referred to in paragraph (1), the hazardous waste accumulator shall possess an environmental permit. Requirements and procedure for the request and issue of the environmental permit as meant in the paragraph (4) is implemented in accordance with the acts and regulations.

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Article 164 (1) (2)

(3)

The hazardous waste accumulator to obtain a hazardous waste treatment permit for hazardous waste disposal activities shall file a request for the hazardous waste treatment permit for hazardous waste disposal activities in writing to the Minister. The request for the hazardous waste treatment permit for hazardous waste disposal activities as referred to in paragraph (1) shall be completed with requirements consisting of: a. a copy of the environmental permit; b. the applicant identity; c. deed of incorporation; d. documents on the name, source, characteristics and amount of hazardous waste to be disposed; e. documents on the storage location of hazardous waste in accordance with the requirements as referred to in Article 13 up till Article 18; f. documents on the packaging of hazardous waste in accordance with the requirements as referred to in Article 19; g. documents on the location and hazardous waste disposal facility in accordance with Article 148 and Article 149; h. documents on the design, technology, methods and process of hazardous waste disposal. i. the procedure of hazardous waste disposal; j. proof of ownership of funds on pollution handling and/or damages and environmental restoration. The requirements for a permit request as referred to in paragraph (2) point f is not applicable for the request for a hazardous waste treatment permit for hazardous waste treatment activity category 2 of a particular specific source. Article 165

(1)

(2) (3)

(4)

The Minister after receiving the request for a hazardous waste treatment permit for hazardous waste disposal activities as referred to in Article 164 will provide a written statement on the administration completeness of the permit request no later than 2 (two) working days since the request is received. After the request is declared complete, the Minister will verify no later than 45 (forty five) working days. In the event that verification results as referred to in paragraph (2) indicate; a. the permit request meets the requirements, the Minister will issue a permit on hazardous waste management for hazardous waste stockpiling activities no later than 7 (seven) working days since the verification results are known; b. the permit request does not meet the requirements, the Minister will reject the permit application for hazardous waste management for hazardous waste stockpiling activities together with the reasons for rejection. The issuance of the permit as referred to in paragraph (3) point a is published through the print media and/or electronic media no later than 1 (one) work day after the permit is issued. Article 166

(1) (2) (3)

The hazardous waste treatment permit for hazardous waste disposal activities as referred to in Article 165 paragraph (3) point a is valid for 10 (ten) years and may be extended. The request for a permit extension for hazardous waste treatment of hazardous waste disposal activities as referred to in paragraph (1) is filed in writing to the Minister no later than 60 (sixty) days prior to the permit expiration. The request for a permit extension as referred to in paragraph (2) shall be completed with:

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a. b. c. d. e.

(4)

a report on the implementation of the hazardous waste disposal; a copy of the environmental permit; the applicant identity; deed of incorporation; documents on the name, source, characteristics and amount of hazardous waste to be disposed; f. documents on the storage location of hazardous waste in accordance with the requirements as referred to in Article 164 paragraph (2) point e; g. documents on the packaging of hazardous waste in accordance with the requirements as referred to in Article 164 paragraph (2) point f; h. documents on the location and hazardous waste disposal facility in accordance with the provision as referred to in Article 164 paragraph (2) point g; i. documents on the design, technology, method and process of hazardous waste disposal. j. the procedure of hazardous waste disposal; k. proof of ownership of funds on pollution handling and/or damages and environmental restoration. Permit extension applications for hazardous waste management for hazardous waste stockpiling activities category 2 from particular specific sources are exempted from the requirement for permit extensions as referred to in paragraph (3) point g. Article 167

(1) (2) (3)

In the event of adjustments in documents as referred to in Article 164 paragraph (2) point c up to point i, and/or point j, the issuance of a permit extension by the Minister is implemented in accordance with the provisions as referred to in Article 165. In the event that there are no adjustments in the document as referred to in paragraph (1), the Minister will conduct an evaluation no later than 10 (ten) working days after the request is received. In the event evaluation results as referred to in paragraph (2) indicate; a. the request for a permit extension meet the requirements, the Minister will issue a permit extension for hazardous waste management for hazardous waste stockpiling activities no later than 7 (seven) working days after the evaluation results are known; or b. the request for a permit extension do not meet the requirements, the Minister will reject the application for permit extension for hazardous waste management for hazardous waste stockpiling activities together with the reasons for the rejection. Article 168

(1)

(2) (3) (4)

The permit holder of the hazardous waste treatment for hazardous waste disposal activities shall file a permit adjustment in the event of adjustments to the requirements consisting of: a. the applicant identity; b. deed of incorporation; c. the name and characteristics of the hazardous waste disposed; and/or d. the design, technology, methods, processes, capacity, and/or the hazardous waste disposal facility. The request for a permit adjustment is filed in writing to the Minister no later than 30 (thirty) days after the adjustment. The request for a permit adjustment is completed with documents indicating the adjustments to the requirements as referred to in paragraph (1). In the event of adjustments to the requirements as referred to in paragraph (1) point a and/or point b, the Minister will evaluate the request for a permit adjustment no later than 7 (seven) working days since the request for a permit adjustment is received.

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(5) (6)

In the event of adjustments to the requirements as referred to in paragraph (1) point c and/or point d, the Minister will evaluate the request for a permit adjustment no later than 30 (thirty) working days since the request for a permit adjustment is received. In the event evaluation results as referred to in paragraph (4) and paragraph (5) indicate: a. suitability of data, then the Minister will issue a permit adjustment on the hazardous waste management for hazardous waste stockpiling activities no later than 7 (seven) working days after evaluation results are known; or b. unsuitability of data, then the Minister will reject the application for permit adjustment on hazardous waste management for hazardous waste stockpiling together with reasons for the rejection. Article 169

The verification time period as referred to in Article 165 paragraph (2) and evaluation as referred to in Article 167 paragraph (2) and and Article 168 paragraph (4) and paragraph (5) are exclusive of the time required by the applicant to revise the documents. Article 170 (1)

(2) (3)

Hazardous waste treatment permit for hazardous waste disposal activities as referred to in Article 165 paragraph (3) point a, Article 167 paragraph (3) point a, and Article 168 paragraph (6) point a shall at least contain: a. the permit holder identity; b. date of the permit issuance; c. permit validity period; d. environmental requirements; and e. the obligations of the permit holder of hazardous waste treatment for hazardous waste disposal activities. Environmental requirements as referred to in paragraph (1) point d shall at least be in the form of the hazardous waste disposal implementation in accordance with the hazardous waste disposal standards. The obligation of the permit holder of hazardous waste treatment for hazardous waste disposal activities as referred to in paragraph (1) point e shall at least contain: a. identifying the hazardous waste collected; b. record the name and amount of hazardous waste to be disposed; c. functioning the storage location of hazardous waste as a storage location for hazardous waste; d. store the hazardous waste to be disposed in the storage location; and e. prepare and submit a report on the hazardous waste disposal. Article 171

The hazardous waste treatment permit for hazardous waste disposal activities as referred to in Article 165 paragraph (3) point a, Article 167 paragraph (3) point a, and Article 168 point (6) point a shall end if: a. the validity period expired and no permit extension is conducted; b. is revoked by the Minister; c. the legal entity of the permit holder dissolves or is dissolved; or d. the environmental permit is revoked. Article 172

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(1)

(2)

(3)

After the hazardous waste treatment permit for hazardous waste disposal activities is issued, the permit holder shall: a. meet the environmental requirements and implement the obligations as contained in the hazardous waste treatment permit for hazardous waste disposal activities; b. collect the hazardous waste produced in accordance with the provisions as referred to in Article 31; c. store the hazardous waste produced in the storage location of hazardous waste in accordance with the provisions as referred to in Article 164 paragraph (2) point e; d. implement the hazardous waste disposal produced in accordance with the provisions contained in the hazardous waste treatment permit for Hazardous waste disposal activities; e. meet the standards and/or environmental quality standards on the implementation of the hazardous waste disposal; f. comply with the waste water quality standard in accordance with the rules and regulations, if the trial run produces waste water; g. conduct fencing and mark the hazardous waste stockpiling facility ; h. monitor the groundwater quality and handle negative impacts that may arise due to the emerge of hazardous waste to the environment; i.cover the top of the final landfill location; and j. prepare and submit a report on the hazardous waste disposal. The report on the hazardous waste disposal as referred to in paragraph (1) point j shall at least contain: a. the name, source, amount and characteristics of hazardous waste; and b. the implementation of the hazardous waste disposal. The report on the hazardous waste disposal as referred to in paragraph (2) shall be submitted to the Minister at least 1 (one) time in 3 (three) months since the permit is issued. Article 173

(1)

(2)

(3)

(4)

The accumulator of hazardous waste who already receives a hazardous waste treatment permit for the hazardous waste disposal activities shall possess an activity termination decision if intending to: a. terminate the operations and/or activities; b. change the use or move the location and/or hazardous waste disposal facilities; or c. close the disposal facility because the disposal facility is already full. To obtain a termination decision, the accumulator of hazardous waste as referred to in paragraph (1) shall: a. restore the environmental function; and b. shall file a written request for a decision on cessation of activities to the Minister. The request for the termination decision as referred to in paragraph (2) point b shall be completed with: a. the applicant identity; b. a report on the implementation of the hazardous waste disposal; and c. a report on the implementation of the environmental function restoration. The Minister after receiving the request as referred to in paragraph (3) will evaluate the request and issue an activity termination decision no later than 30 (thirty) working days since the request is received. Article 174

(1)

The accumulator of hazardous waste who already obtains an activity termination decision as referred to in Article 173 paragraph (4) shall monitor the environment at the former location and/or the hazardous waste disposal facility that already obtained such decision.

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(2) (3)

(4)

Environmental monitoring as referred to in paragraph (1) shall be implemented for a minimum of 30 (thirty) years since the activity termination decision is issued. The environmental monitoring as referred to in paragraph (2) shall at least include the following activities: a. monitoring of potential leakages, leaching, and/or failure of the hazardous waste disposal facility; b. monitor the environmental quality in the surroundings of the hazardous waste disposal facility location; and c. periodically report the monitoring results as referred to in point a and point b. Further provisions on the procedure and requirements of the environmental monitoring is regulated in the Regulation of the Minister. CHAPTER X DUMPING HAZARDOUS WASTE Article 175

Any person is prohibited to dump hazardous waste into the environmental media without a permit. Article 176 (1) (2) (3)

(4)

Any person intending to dump hazardous waste into the environmental media shall obtain a permit from the Minister. Any person as referred to in paragraph (1) are the first parties producing hazardous waste. The permit from the Minister as referred to in paragraph (1) is a permit on dumping hazardous waste into the environment media: a. soil; and b. sea. The requirements and procedure for the request and the permit issuance of dumping hazardous waste into the environment media in the form of soil as referred to in paragraph (3) point a is implemented in accordance with the provisions of hazardous waste disposal as referred to in Article 145 to Article 174. Article 177

(1)

(2)

Hazardous waste that can be dumped into the environment media in the form of the sea as referred to in Article 176 paragraph (3) point b consisting of : a. tailing of mining activities; and b. drilling powder resulting from drilling operations and/or exploration activities and/or exploitation at sea by using synthetic-based drilling mud. On hazardous waste as referred to in paragraph (1) neutralization or a reduced level of toxins shall be conducted prior to dumping the hazardous waste into the sea. Article 178

(1) (2)

Any person to obtain a permit for dumping hazardous waste into the sea as referred to in Article 176 paragraph (3) point b shall file a written request to the Minister. Prior to obtaining the permit for dumping hazardous waste into the sea, Every Person shall obtain an environmental permit.

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(3)

The requirements and procedures on the application and issuance of the environmental permit as referred to in paragraph (2) is conducted in accordance with the provisions of the acts and regulations. Article 179

The request for a permit for dumping hazardous waste as referred to in Article 178 paragraph (1) shall be completed with requirements consisting of: a. the permit holder identity; b. a copy of the environmental permit; and c. a technical study document on dumping hazardous waste at least consisting of information regarding: 1. the name, source, characteristics and amount of hazardous waste to be dumped; 2. a dumping modeling study by observing the existence of thermocline and its depth; 3. the location where the dumping of hazardous waste will be conducted; and 4. an emergency handling plan. Article 180 (1)

(2)

(3)

(4)

The location where the waste dumping is conducted as referred to in Article 179 point c figure 3 shall meet the requirements consisting of: a. on the seafloor that has a permanent thermocline layer; and b. is not located at a particular location or sensitive area based on the rules and regulations. In the absence of a sea that has a permanent thermocline layer as referred to in paragraph (1) point a, the location for waste dumping in the form of tailing from mining activities shall meet the location requirements consisting of: a. on the seafloor with a depth of more or equal to 100 m (one hundred meters); b. topographically and bathymetrically indicate that there is a canyon and/or channel on the seafloor that directs the tailings to a depth of more or equal to 200 m (two hundred meters); and c. there is no phenomenon of up-welling. In the absence of seas having permanent thermocline layers as referred to in paragraph (1) point a, the dumping site of hazardous waste in the form of drilling dust from drilling operation results and/or exploration activities and/or exploitation in seas using syntheticbased drilling mud shall meet the following requirements: a. at sea with a depth of more or equal to 50 m (fifty meters); and b. the impacts are within a radius of equal to or smaller than 500 m (five hundred meters) from the dumping location at sea. Hazardous waste in the form of drill powder as a result of drilling operations and/or exploration and/or exploitation in the sea using synthetic-based mud that may Dump Hazardous Waste to the location as meant in paragraph (1), paragraph (2), and paragraph (3) is Waste that does not contain hydrocarbon. Article 181

The emergency handling plan as referred to in Article 179 point c figure 4 shall at least contain: a. an organization; b. identification, activation and reporting; c. a handling procedure; and d. the type and specification of equipment. Article 182 GR101_2014

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Further provisions on permit requirement details of dumping hazardous waste as referred to in Article 179, Article 180, and Article 181 are regulated by the Regulations of the Minister. Article 183 (1) (2) (3)

(4)

The Minister after receiving the permit application for dumping hazardous waste as referred to in Article 179, will provide a written statement on the administrative completeness of the permit request no later than 2 (two) working days since the request is received. After the request is declared complete, the Minister will verify no later than 45 (forty five) working days. In the event verification results as referred to in paragraph (2) indicate; a. the permit application meets the requirements, then the Minister will issue a permit for dumping hazardous waste no later than 7 (seven) working days after verification results are known; or b. the permit application does not meet the requirements, then the Minister rejects the permit application for dumping hazardous waste together with the reasons for the rejection. The issuance of the permit as referred to in paragraph (3) point a is published through the print media and/or electronic media no later than 1 (one) working day since the permit is issued. Article 184

(2) (3) (4) (5)

(1) The hazardous waste dumping permit for: a. tailings from mining activities as referred to in Article 177 paragraph (1) point a is valid for 5 (lima) years and may be extended; and b. drilling dust from operations results and/or exploration and/or exploitation activities in the sea using synthetic-based drilling mud as referred to in Article 177 paragraph (1) point b is valid for no more than 1 (one) year. The permit holder of waste dumping who intends to extend the permit referred to in paragraph (1) point a shall file a written request to the Minister no later than 60 (sixty) days prior to the expiry of the waste dumping permit period. The request for permit extension as referred to in paragraph (2), shall be completed with: a. the identity of the applicant; and b. a report on the implementation of the waste dumping. The Minister, after receiving the request as referred to in paragraph (3) shall evaluate it no later than 45 (forty five) working days since the request is received. In the event that the evaluation results as referred to in paragraph 4 indicate that; a. For permit extension applications that meet the requirements, the Minister will issue a permit extension for dumping hazardous waste within 7 (seven) working days since the evaluation results are known; or b. if the permit extention application does not meet the requirements, then the Minister will reject the permit extension application for dumping hazardous waste together with the reasons for the rejection. Article 185

(1)

The waste dumping permit holder shall file an permit adjustment when there are adjustments to the requirements consisting of: a. the applicant identity; b. deed of incorporation; c. name, characteristics and amount of waste dumped; and/or

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(2) (3) (4) (5) (6)

d. the method and procedure of waste dumping. The request for the permit adjustment is filed in writing to the Minister no later than 7 (seven) days after the adjustments. The request for the permit adjustment is completed with documents indicating the adjustments against the requirements as referred to in paragraph (1). In the event of adjustments to the requirements as referred to in paragraph (1) point a and point b, the Minister will evaluate the permit adjustment application within 7 (seven) working days since the application of permit adjustment is received. In the event of adjustments to the requirements as referred to in paragraph (1) point c and point d, the Minister will evaluate the permit adjustment application within 10 (ten) working days since the application of permit adjustment is received. In the event that evaluation results as referred to in paragraph (4) and (5) indicate: a. suitability of data, then the Minister will issue a permit adjustment on dumping hazardous waste within 7 (seven) working days since evaluation results are known; or b. unsuitability of data, then the Minister will reject the permit adjustment application for dumping hazardous waste together with the reasons for the rejection. Article 186

The verification time period as referred to in Article 183 paragraph (2) and the evaluation as referred to in Article 184 paragraph (4) and Article 185 paragraph (4) and paragraph (5) do not include the time required by the applicant to revise the document. Article 187 (1)

(2)

(3)

The waste dumping permit as referred to in Article 183 paragraph (3) point a, Article 184 paragraph (5) point a, and Article 185 paragraph (6) point a shall at least contain: a. the permit holder identity; b. date of the permit issuance; c. permit validity period; d. environmental requirements; and e. the obligations of the waste dumping permit holder. Environmental requirements as referred to in paragraph (1) point d shall at least contain: a. the implementation of neutralization or reduction of the toxicity degree of waste to be dumped; and b. the implementation of waste dumping. The obligation of the permit holder of hazardous waste treatment for waste disposal activities as referred to in paragraph (1) point e shall at least consist of: a. identification of waste to be dumped; b. record the name and amount of waste to be dumped; c. monitor the sea water quality at the point of compliance; and d. prepare and submit a report on the waste dumping implementation. Article 188

The waste dumping permit as referred to in Article 183 paragraph (3) point a , Article 184 paragraph (5) point a, and Article 185 paragraph (6) point a shall end if: a. the permit validity period is expired and no permit extension is conducted; b. is revoked by the Minister; c. the legal entity of the permit holder dissolves or is dissolved; or d. the environmental permit is revoked. Article 189 GR101_2014

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(1)

(2) (3)

After the waste dumping permit is issued, the permit holder shall: a. implement the obligations as contained in the waste dumping permit; b. neutralize or reduce toxicity for dumping hazardous waste in the form of tailing; c. reduce the content of total hydrocarbon in Hazardous Waste for Dumping Hazardous Waste in the form of drill powder d. comply with the waste water quality standards in accordance with the rules and regulations; e. monitor the environmental impacts of the waste dumping implementation; and f. prepare and submit an implementation report on the implementation of waste dumping. The report on waste dumping as referred to in paragraph (1) point f shall at least contain: a. the name, source, characteristics, and amount of waste; and b. the implementation of the waste dumping produced. The report on waste dumping as referred to in paragraph (2) shall be submitted to the Minister at least 1 (one) time in 3 (three) months since the permit is issued. Article 190

(1)

(2) (3)

(5) (6)

Any person producing waste who already received a waste dumping permit shall possess an activity termination decision when intending to: a. terminate the operations and/or activities; and/or b. change the use and/or move the waste dumping location. To obtain a decision on cessation of activities, Any Person as referred to in paragraph (1) shall file a written request to the Minister. The request for a termination decision as referred to in paragraph (1) shall be completed with: a. the applicant identity; b. a report on the implementation of the waste dumping. The Minister, after receiving the request as referred to in paragraph (3) will evaluate the request and issue an activity termination decision no later than 10 (ten) working days since the request is received. Further provisions on the procedures for the application and issuance of determining activity termination are stipulated in the Ministerial Regulation. CHAPTER XI EXCLUSION OF HAZARDOUS WASTE Article 191

(1) (2) (3) (4)

Hazardous waste from specific sources may be excluded from the treatment of hazardous waste based on this Government Regulation. To be excluded from the hazardous waste treatment as referred to in paragraph (1), any person producing hazardous waste from specific sources shall implement tests on the hazardous waste characteristics. Tests on the hazardous waste characteristics as referred to in paragraph (2) are implemented sequentially. Tests on hazardous waste characteristics as referred to in paragraph (3) consist of the following tests: a. characteristics of explosive, flammable, reactive, infectious, and/or corrosive in accordance with the test parameters as specified in Appendix II which is an integral part of this Government Regulation;

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b. c.

d.

e.

toxic characteristics through LD50 toxicology tests to determine hazardous waste from specific sources that is tested to have an LD50 value equal with or smaller than 50 mg/kg (fifty milligrams per kilogram) of the body weight of the test animals; toxic characteristics through the LD50 Toxicology Test to determine Hazardous Waste from tested specific sources with an LD50 Toxicology Test value higher than 50mg/kg (fifty milligrams per kilogram) of the body weight of test animals and smaller than or equal to 5000 mg/kg (five thousand milligrams per kilogram) of the body weight of test animals; toxic characteristics through TCLP to determine hazardous waste from specific sources tested to have concentrations of contaminants equal with or smaller than concentrations of contaminants at column TCLP-B as contained in Appendix III which is an integral part of this Government Regulation; and toxic characteristics through sub-chronic toxicology tests in accordance with the test parameters contained in Appendix II which is an integral part of this Government Regulation. Article 192

(1) (2) (3)

In implementing the tests on hazardous waste characteristics as referred to in Article 191, any person producing hazardous waste from specific sources shall use accredited laboratories for each test. In the event that accredited laboratories are unavailable as referred to in paragraph (1), the tests on hazardous waste characteristics are conducted by using laboratories applying procedures that meet the Indonesian National Standard on good laboratory procedures. Further provisions on the procedures of characteristics tests are regulated in the Regulation of the Minister. Article 193

(1) (2)

(3) (4)

Tests results of hazardous waste characteristics as referred to in Article 191 are submitted by any person yang producing hazardous waste from the specific source to the Minister. Submission of test results on the characteristics of hazardous waste as referred to in paragraph (1) is equipped with a written application for exemption of hazardous waste from specific sources and documents that at least consist of : a. the applicant identity; b. the identity of hazardous waste from specific source produced; and c. raw materials and/or supporting materials used in the production process producing hazardous waste; and d. the production process producing hazardous waste from specific sources. The Minister after receiving the exclusion request as referred to in paragraph (2) will assign a hazardous waste expert team to evaluate the test results on the hazardous waste characteristics. The hazardous waste expert team as referred to in paragraph (3) is a hazardous waste expert team as referred to in Article 8. Article 194

(1)

The evaluation by the hazardous waste expert team as referred to in Article 193 paragraph (3) consists of identification and analysis of: a. test results on hazardous waste characteristics; b. production processes on operations and/or activities producing hazardous waste from specific sources; and c. materials and/or supporting materials used in the production process.

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(2) (3) (4)

(5)

(6)

Evaluation as referred to in paragraph (1) are conducted no later than 90 (ninety) working days since the assignment of the Minister. The hazardous waste expert team submits the recommendation on the evaluation results to the Minister no later than 14 (fourteen) working days since the evaluation results are known. The recommendation as referred to in paragraph (3) shall at least contain: a. the identity of hazardous waste from specific sources; b. basis consideration of the recommendation; and c. conclusion of evaluation results on characteristics test results of hazardous waste from specific sources. In the event that the evaluation results indicate no hazardous waste characteristics from specific source, the recommendation of the hazardous waste expert team contain a statement that the hazardous waste from specific source is a hazardous waste from specific source that are excluded from the hazardous waste treatments. In the event that the evaluation results indicate the presence of hazardous waste characteristics from specific source, the recommendation from the hazardous waste expert team contain a statement that the hazardous waste from specific source still remains the hazardous waste from specific source. Article 195

(1)

(2)

The Minister based on the recommendation from the hazardous waste expert team as referred to in Article 194 determines that: a. exclusion of the hazardous waste treatment against the hazardous waste from specific source; or b. hazardous waste from specific source is not excluded from the hazardous waste treatment. The decision as referred to in paragraph (1) will be implemented no later than 30 (thirty) working days since the recommendation is submitted by the hazardous waste expert team to the Minister. CHAPTER XII TRANSBOUNDARY MOVEMENTS OF HAZARDOUS AND TOXIC WASTE Article 196

(1)

(2) (3)

In the event that hazardous waste will be entered into the territory of the Unitary State of the Republic of Indonesia for transit purposes, the producer or transporter of hazardous waste through the hazardous waste exporting country shall file a notification request to the Government of the Republic of Indonesia through the Minister. The notification request as referred to in paragraph (1) shall be filed within a period of at least 60 (sixty) days prior to the transit. The notification request as referred to in paragraph (1) is completed with a description at least regarding: a. the identity of the hazardous waste exporter; b. the hazardous waste exporting country; c. documents regarding the name, source, characteristics, and amount of hazardous waste to be transited; d. the hazardous waste transport vessel to be used; e. destination country of transit; f. planned date of transport, transit port/terminal of destination, period of stay at every transit, and the entry and exit port/terminal; g. insurance documents;

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h. documents on the packaging of hazardous waste; i. documents on the handling and disposal procedures of hazardous waste to be transported; and j. documents containing a statement from the producer and exporter of hazardous waste on the validity of the documents submitted. Article 197 (1) (2)

(3)

The Minister will provide a reply in the form of an approval or rejection on the notification request as referred to in Article 196. The approval as referred to in paragraph (1) contains: a. the identity of the hazardous waste exporter; b. the exporting country of hazardous waste; c. documents regarding the name, source, characteristics, and amount of hazardous waste to be transited; d. hazardous waste transport vessel to be used; e. planned date of transportation, transit port/terminal of destination, period of stay at every transit, and the entry and exit port/terminal; and f. validity period of the approval. The rejection as referred to in paragraph (1) shall be accompanied by the reasons of rejection. CHAPTER XIII HANDLING OF POLLUTION AND/OR ENVIRONMENTAL DAMAGE AND THE ENVIRONMENTAL RESTORATION FUNCTION Section One General Article 198

Any person producing hazardous waste, collecting, transporting, utilizing, treating and/or disposing hazardous waste who pollute and/or damage the environment shall: a. handle the environmental pollution and/or damages; and b. restore the environmental function. Article 199 Any person dumping hazardous waste resulting in pollutions and/or environmental damages shall: a. handle the pollution and/or environmental damages; and b. restore the environmental function. Section Two Handling Pollutions and/or Environmental Damages Article 200 (1)

Handling of pollution and/or environmental damages as referred to in Article 198 point a and Article 199 point a is conducted by: a. providing warning information on pollution and/or environmental damages to the community; b. isolate the pollution and/or environmental damages; c. terminate the pollution sources and/or environmental damages; and/or

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(2)

(3)

(4)

(5)

d. other methods in accordance with the development of science and technology. Providing warning information on pollution and/or environmental damages as referred to in paragraph (1) point a are conducted through the print media and/or electronic media no later than 24 (twenty four) hours since the pollution and/or environmental damages are known. Isolating pollution and/or environmental damages as referred to in paragraph (1) point b are conducted by methods that at least consist of: a. evacuate resources to avoid the pollution source and/or environmental damages; b. the use of pollution control equipment; c. identification and determination of hazardous areas; and d. preparing and submitting reports on potential contamination and/or environmental damages to the Minister, Governor, and Regent/Mayor. The termination of the source of pollution and/or environmental damages as referred to in paragraph (1) point c is conducted by methods that at least consist of: a. terminate the production process; b. terminate activities at facilities related to the source of pollution and/or environmental damages; c. specific actions to annul pollution and/or environmental damages at the source; and d. prepare and submit a report on the implementation of the pollution and/or environmental damages termination to the Minister, Governor, and Regent/Mayor. Further provisions on pollution handling details and/or environmental damages are regulated in the Regulation of the Minister. Article 201

(1)

(2)

A minister, governor, or regent/mayor in accordance with their authority determines the third party to carry out the prevention of Environmental Pollution and/or Environmental Damage at the expense of: a. Any Person who produces Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 198; and b. Any Person who Dumps Hazardous Waste as meant in Article 199, if the prevention of Environmental Pollution and/or Environmental Damage as meant in Article 200 is not commenced within a maximum period of 24 (twenty-four) hours since the Environmental Pollution and/or Environmental Damage is identified. The cost as meant in paragraph (1) may come from: a. Environmental Pollution and/or Environmental Damage prevention funds; or b. Environmental Function Recovery guarantee funds. Article 202

(1)

(2)

The cost as meant in Article 201 paragraph (2) is calculated as environmental loss if Environmental Pollution and/or Environmental Damage Prevention is not carried out by: a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 198; and b. Any Person who dumps Hazardous Waste as meant in Article 199. The amount of environmental loss as meant in paragraph (1) is determined based on the agreement between the Minister, governor, or regent/mayor with the party as meant in paragraph (1). Section Three Recovery of Environmental Functions

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Article 203 The recovery of environmental functions as referred to in Article 198 point b and Article 199 point b is carried out in stages: a. cessation of pollution sources and cleaning-up contaminants; b. remediation; c. rehabilitation; d. restoration; and/or e. another method in accordance with the development of science and technology. Article 204 The cessation of pollution sources and cleanup of contaminants as referred to in Article 203 point a are carried out by at least covering: a. identification of location, source and type of contaminant, and size of contamination; b. cessation of the production process; c. cessation of activities in facilities related to the pollution source and/or environmental damage; d. certai actions to eliminate pollution and/or environmental damage at its source; and e. preparation and submission of the pollution and/or environmental damage cessation report to the Minister, governor, and regent/mayor. Article 205 Remediation as referred to in Article 203 point b is carried out by at least covering: a. selection of remediation technology; b. preparation of remediation plans and implementation; c. preparation and submission of the environmental pollution remediation implementation report to the Minister, governor, and regent/mayor. Article 206 Rehabilitation as referred to in Article 203 point c is carried out by at least covering: a. identification of location, source, and size of environmental damage; b. selection of rehabilitation method; c. preparation of rehabilitation plans and implementation; and d. preparation and submission of the environmental damage rehabilitation implementation report to the Minister, governor, and regent/mayor. Article 207 Restoration as meant in Article 203 point d is carried out by at least entailing: a. identification of location, cause, and amount of Environmental Damage; b. selection of restoration methods; c. preparation of restoration plans and implementation; and d. preparation and delivery of the Environmental restoration implementation report to the Minister, governor, and regent/mayor. Article 208 (1) Environmental Function Recovery Stages as meant in Article 203 are contained in the Environmental Function Recovery plan document. GR101_2014

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(2) The Environmental Function Recovery plan document as meant in paragraph (1) shall obtain the approval of the Minister prior to implementing Environmental Function Recovery. (3) The Environmental Function Recovery plan document as meant in paragraph (1) contains: a. Environmental Function Recovery stages; and b. Results of contaminant identification as meant in Article 204 point a. Article 209 (1)

(2)

Contaminant identification as referred to in Article 208 paragraph (3) point b for contaminated soil is carried out through a toxicity characteristic leaching procedure, TCLP, and analysis on the total concentration of contaminants prior to the recovery of environmental functions. The standard value for contaminant identification as referred to in paragraph (1) is done in accordance with Appendix V, which is an integral part of this Government Regulation with the following provisions: a. if contaminant concentration is larger than TCLP-A and/or total A concentration, the soil referred to shall be managed in accordance with category 1 hazardous waste management; b. if contaminant concentration is equal to or smaller than TCLP-A and/or total A concentration and larger than TCLP-B and/or total B concentration, the soil referred to shall be managed in accordance with category 2 hazardous waste management; c. if contaminant concentration is equal to or smaller than TCLP-B and/or total B concentration and larger than TCLP-C and/or total C concentration, the soil referred to shall be managed in accordance with non hazardous waste management; and d. if contaminant concentration is equal to or smaller than TCLP-C and total C concentration, the soil referred to may be used as debris soil. Article 210

(1) (2) (3) (4)

The recovery of environmental functions as referred to in Article 203 is carried out to obtain the determination of status over the completion of the recovery of contaminated land from the Minister. To obtain the determination of status over the completion of the recovery of contaminated landfrom the minister a written request must be submitted. The written request as referred to in paragraph (2) is attached with: a. Identity of the applicant; and b. Environmental function recovery implementation report. The environmental function recovery implementation report as referred to in paragraph (3) point b at least contains: a. Identity of the applicant; and b. Environmental function recovery implementation report. Article 211

(1)

(2) (3)

The Minister, after receiving the request for the determination of status over the completion of the recovery of contaminated land as referred to in Article 210, provides a written statement regarding the administrative completeness of the request no later than 2 (two) working days since the request was received. After the request is declared complete, the Minister verifies for no later than 30 (thirty) working days. In cases where verification results as referred to paragraph (2) indicate that;

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a.

(4)

the request has met the requirements, the Minister issues the determination of status over the completion of recovery of contaminated land no later than 7 (seven) working days since the verification results became known; or b. the request has not met requirements, the Minister rejects the request for the determination of status over the completion of recovery of contaminated land together with the reasons for the rejection. The determination of exemption as referred to in paragraph (3) at least contains: a. Date of issuance of the determination; b. Summary of verification results; c. Statement that: 1. The recovery of environmental functions performed has been feasible and may be stopped; and 2. The environment has been returned to its original function prior to the environmental pollution and/or environmental damage. Article 212

The duration of verification as referred to in Article 211 paragraph (2) excludes the period required by the applicant to correct documents and take corrective actions on the implementation of environmental function recovery. Article 213 (1)

The Minister, governor, or regent/mayor in accordance with their authority determines the third party to carry out Environmental Function Recovery at the expense of: a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 198; and b. Any Person who Dumps Hazardous Waste as meant in Article 199, if Environmental Function Recovery as meant in Article 203 is not commenced within a maximum period of 30 (thirty) days since Environmental Pollution and/or Environmental Damage Prevention is carried out.

(2)

The cost as meant in paragraph (1) may come from: a. Environmental Pollution and/or Environmental Damage Prevention funds; or b. Environmental Function Recovery guarantee funds. Article 214

(1)

(2)

The cost as meant in Article 213 paragraph (2) is calculated as environmental loss if Environmental Function Recovery is not carried out by: a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 198; and b. Any Person who Dumps Hazardous Waste as meant in Article 199. The amount of environmental loss as meant in paragraph (1) is determined based on the agreement between the Minister, governor, or regent/mayor with the party as meant in paragraph (1). Article 215

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(1)

(2)

The recovery of environmental functions as referred to in Article 203 is carried out by the Central Government, provincial local government, and district/city local government in accordance with its authority if: a. Pollution sources are unknown at pollution locations; and/or b. The party that contaminated is unknown. Further provisions regarding procedures of the recovery of environmental functions as referred to in paragraph (1) is regulated by the Regulation of the Minister. Article 216

Further provisions on the details of Environmental Function Recovery are stipulated in the Ministerial Regulation. CHAPTER XIV EMERGENCY RESPONSE SYSTEM IN HAZARDOUS WASTE MANAGEMENT Section One General Article 217 Every person that generates hazardous waste, collector, user, transporter, processor, and/or dumper of hazardous waste shall have an Emergency Response System. Article 218 An emergency response system in hazardous waste management consists of: a. Hazardous waste management emergency programming; b. Hazardous waste management emergency training and rehearsal; and c. Hazardous waste management emergency response. Article 219 Emergency situations in hazardous waste management as referred to in Article 218 consist of: a. Emergency situations in Hazardous and Hazardous waste management activities; b. Hazardous waste management emergency situations at district/city scale; c. Hazardous waste management emergency situations at provincial scale; and d. Hazardous waste management emergency situations at national scale. Section Two Hazardous Waste Management Emergency Programming Article 220 Every person that generates hazardous waste, collector, transporter, user, processor, and/or dumper of hazardous waste shall prepare a hazardous waste management program in accordance with the activities carried out. Article 221

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(1) (2) (3) (4)

(5)

(6)

Head of the National Agency for Regional Disaster Management of regencies/cities hereinafter referred to as Head of the regency/city BPBD prepares the emergency situation program for hazardous waste management at the regency/city scale. Head of the National Agency for Regional Disaster Management for provinces hereinafter referred to as Head of the province BPBD prepares the emergency situation program for hazardous waste management at the province scale. Head of the National Agency for National Disaster Management hereinafter referred to as Head of BNPB prepares the emergency situation program for hazardous waste management at the national scale. In hazardous waste management emergency programming at district/city scale, the district/city BPBD head coordinates with: a. Every person as referred to in Article 220 b. Minister; c. governor; d. district/city environmental agencies; and e. other relevant agencies in the district/city. In hazardous waste management emergency programming at provincial scale, the provincial BPBD head coordinates with: a. every person as referred to in Article 220; b. Minister; c. Provincial environmental agencies; and d. Other relevant agencies in the province. In hazardous waste management emergency programming at national scale, the BNPB head coordinates with: a. Every person as referred to in Article 220 ; b. Minister; and c. Ministry and/or relevant non-ministerial government agencies. Article 222

(1) (2) (3)

The hazardous waste management emergency program at district/city scale is part of the district/city disaster management program. The hazardous waste management emergency program at provincial scale is part of the provincial disaster management program. The hazardous waste management emergency program at national scale is part of the national disaster management program. Article 223

(1)

(2)

(3)

The hazardous waste management emergency program as referred to in Article 220 and Article 222 covers: a. infrastructure; and b. preventive function. Infrastructure as referred to in paragraph (1) point a covers: a. organization; b. coordination; c. facilities and equipment including early warning and alarm equipment; d. prevention procedures; and e. emergency training and rehearsal. Handling functions as referred to in paragraph (1) point b shall at least consist of: a. identification, reporting, and activation; b. mitigation measures; c. immediate protection measures;

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d. (4)

protection measures for emergency response personnel, workers, the community, and environment; and e. provision of information and instructions to the community. Further provisions regarding the preparation of the hazardous waste management emergency program are regulated in Ministerial Regulations. Section Three Emergency Response Training and Rehearsal Article 224

The hazardous waste management emergency response system shall be implemented by every person that generates hazardous waste, transporter, user, processor, and/or dumper of hazardous waste based on the emergency program in accordance with hazardous waste management activities performed. Article 225 Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224 shall hold emergency training and drills for activities carried out at least 1 (one) time in 1 (one) year to ensure that the Hazardous Waste Management Emergency Response System may be implemented. Article 226 The hazardous waste management emergency response system at district/city scale is coordinated by the district/city BPBD Head and implemented together with; a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224, b. district/city environmental agencies, and c. other relevant agencies in the district/city based on the hazardous waste management emergency program at district/city scale. Article 227 (1) (2)

(3)

The district/city BPBD head coordinates the emergency training and rehearsals as referred to in Article 226 in an integrated manner with the district/city level hazardous waste management emergency program. The emergency training and drills as meant in paragraph (1) are required to be followed by: a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224; b. district/city environmental agenciesand c. other relevant agencies in the district/city. Emergency training and rehearsals should be held at least 1 (one) time in 2 (two) years. Article 228

The hazardous waste management emergency response system at provincial scale is coordinated by the provincial BPBD Head and implemented together with;

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a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224, b. provincial environmental agencies and c. other relevant agencies in the province based on the hazardous waste management emergency program at provincial scale. Article 229 (1)

The provincial BPBD head coordinates the emergency training and rehearsals as referred to in Article 227 in an integrated manner with the hazardous waste management emergency program at provincial scale. (2) The emergency training and rehearsals as referred to in paragraph (1) shall follow by: a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224, b. provincial environmental agencies and c. other relevant agencies in the province (3) The emergency training and rehearsals should be held at least 1 (one) time in 3 (three) years. Article 230 The hazardous waste management emergency response system at national scale is coordinated by the BNPB Head and implemented together with a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224, b. Ministers, and c. Ministries and/or non-ministerial government agencies based on the hazardous waste management emergency program. Article 231 (1) (2)

(3)

The BNPB head coordinates the emergency training and rehearsals as referred to in Article 230 in an integrated manner in accordance with the hazardous waste management emergency program at national scale. The emergency training and rehearsals as referred to in paragraph (1) shall follow by a. Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as meant in Article 224 b. Ministers, and c. ministries and/or non-ministerial government agencies shall follow the emergency training and rehearsals as referred to in paragraph (1). The emergency training and rehearsals are held at least 1 (one) time in 4 (four) years. Section Four Emergency Response in Hazardous Waste Management Article 232 (1) Handling of emergency situations on hazardous waste management shall at least consist of the following activities: a. Identification of an emergency in hazardous waste management;

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b. (2)

(3)

Prevention of pollution and/or environmental damage as referred to in Article 200 to Article 202; and c. Recovery of environmental functions as referred to in Article 203 to Article 216. In implementing hazardous waste emergency response, Any Person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as referred to in Article 224 shall prioritize the safety of human lives. Response as referred to in paragraph (1) is implemented in accordance with the hazardous waste emergency program as referred to in Article 223. Article 233

(1)

(2)

Every person that generates hazardous waste, transporter, user, processor, and/or dumper of hazardous materials based on the emergency program in accordance with hazardous waste management activities performed shall implement emergency response activities if there is an emergency in hazardous management. The implementation of emergency response activities shall be reported in writing and periodically every day to the Minister, governor, and regent/mayor. Article 234

(1) (2)

The district/city BPBD head initiates and leads the implementation of disaster response if there is an emergency at district/city scale. Every person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as as referred to in Article 223 shall follow as well as implement emergency response as referred to in paragraph (1). Article 235

(1) (2)

The provincial BPPD head initiates and leads the implementation of emergency response if there is an emergency at provincial scale. Every person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as as referred to in Article 223 shall follow as well as implement emergency response as referred to in paragraph (1). Article 236

(1) (2)

The BNPB head initiates and leads the implementation of emergency response if there is an emergency at national scale. Every person who generates Hazardous Waste, Hazardous Waste Collectors, Hazardous Waste Transporters, Hazardous Waste Utilizers, Hazardous Waste Processors, and/or Hazardous Waste Landfillers as as referred to in Article 223 shall follow as well as implement emergency response as referred to in paragraph (1). CHAPTER XV DEVELOPMENT Article 237

(1)

Ministers develop: a. Provincial environmental agencies; and

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(2) (3)

(4).

b. District/city environmental agencies. Provincial environmental agencies develop district/city environmental agencies. Development as referred to in paragraph (1) is performed at least through: a. Hazardous waste management education and training; b. Hazardous waste management technical guidance; and c. Setting hazardous waste management norms, standards, procedures, and/or criteria. Guidance as meant in paragraph (2) is carried out at least through: a. Hazardous Waste Management education and training; and b. Hazardous Waste Management technical guidance.

CHAPTER XVI SUPERVISION Article 238 (1)

(2)

Ministers, governors, or regents/mayors in accordance with their authority supervise the conformity of: a. Every person that generates hazardous waste and collector, transporter, user, processor, and/or dumper of hazardous waste; and b. Every person that dumps hazardous waste; on provisions set in this Government Regulation. In supervision as referred to in paragraph (1), Ministers, governors, or regents/mayors determine the PPLH and/or PPLHD who are are functional officials. Article 239

Supervision as referred to in Article 238 is performed by: a. Ministers, for hazardous waste management permits issued by Ministers and hazardous waste dumping; b. Governors, for hazardous waste management permits for hazardous waste collection at provincial scale; and c. Regents/mayors, for hazardous waste management permits for hazardous waste storage and hazardous waste collection at district/city scale. Article 240 (1)

Supervision as referred to in Article 238 shall at least be conducted through the following activities: a. verification on the hazardous waste management and/or dumping hazardous waste and/or b. inspection (2) Further provisions regarding the supervision procedures are regulated by the Regulation of the Minister. CHAPTER XVII FINANCING Article 241

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(1) (2)

The application for hazardous waste management permits is finance by every person that generates hazardous waste, collector, transporter, user, processor and dumper of hazardous waste. The application of waste dumping permits is financed by every person that dumps hazardous waste. Article 242

Costs for: a. Development and supervision performed by Ministers, governors, or regents/mayors; b. Emergency training and rehearsals; and c. Recovery of environmental functions as referred to in Article 215, allocated from the Revenue Budget and National Expenditure or Revenue Budget and Regional Expenditure in accordance with acts and regulations. CHAPTER XVIII ADMINISTRATIVE SANCTIONS Article 243 (1)

(2)

(3)

(4) (5) (6) (7)

(8)

Every person producing Hazardous Waste failing to meet or violating the provisions of Article 12 paragraph (1), paragraph (2), or paragraph (3), Article 21 paragraph (2), Article 22 paragraph (1) or paragraph (2), Article 28, Article 29 paragraph (1), and/or Article 30 paragraph (1) or paragraph (2) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will be in the form of: a. written warning ; b. government enforcement; or a. suspension of permit for Hazardous Waste Management got Hazardou waste collecting activities. Government enforcement as meant in paragraph (2) point b encompasses: a. temporary cessation of activities; and/or b. other measures aimed at stopping violation and measures to restore environmental function. The Regent / Mayor imposes a 1 (one) time administrative written warning to Every Person producing hazardous waste as referred to in paragraph (1). Every Person producing hazardous waste as referred to in paragraph (4) shall follow-up on the written warning within 14 (fourteen) days since the warning is delivered. In the event that Every Person producing hazardous waste does not start to follow-up on the written warning within the period as referred to in paragraph (5), the Regent / Mayor imposes an administrative sanction in the form of a Government compulsion. In the event that Every Person producing hazardous waste does not comply with the Government compulsion, the Regent / Mayor imposes an administrative sanction in the form of permit suspension on the hazardous waste management for the hazardous waste storage activities. Further provisions on the criteria and time period of fulfilling the Government compulsion provision and permit suspension on hazardous waste management for hazardous waste storage actitivies is regulated by the Regulations of the Minister. Article 244

(1) (2)

Every Person producing hazardous waste that does not meet or violates the provision of Article 31 and/or Article 32 is imposed with administrative sanctions. Administrative sanctions as meant in paragraph (1) will be in the form of:

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(3)

(4) (5) (6) (7)

a. written warning; or b. government enforcement. Government reinforcement as meant in paragraph (2) point b will encompass: a. temporary cessation of activities; and/or b. other measures aimed at stopping violations and measures to restore environmental function. The Minister, governor, or regent/mayor according to their authority will provide administrative sanction in the form of written warning of total 1 (one) time to Every Person producing Hazardous Waste as meant in paragraph (1). Every person producing Hazardous Waste as meant in paragraph (4) shall commence to follow up the written warning in a period of at the most 14 (fourteen) days since the written warning was given. In cases where every person producing Hazardous Waste fails to commence following up written warning in the period as meant in paragraph (5), the Minister, governor, or regent/mayor will provide administrative sanctions in the form of government enforcement. Further provisions regarding criteria and time period of compliance toward the provisions of government enforcement will be regulated in a Minister’s Regulation. Article 245

(1)

(2)

(3)

(4) (5) (6) (7)

Hazardous Waste collectors failing to meet or violating the provisions of Article 33 paragraph (1) or paragraph (2), Article 36 paragraph (2), Article 37 paragraph (1) or paragraph (2), Article 38, Article 44, Article 45 paragraph (1), and/or Article 46 paragraph (1) or paragraph (2) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will be in the form of: c. written warning ; d. government enforcement; e. suspension of permit for Hazardous Waste Management got Hazardou waste collecting activities; or f. revocation of permit for Hazardous Waste Management for Hazardou Waste Collecting activities. Government enforcement as meant in paragraph (2) point b encompasses: a. temporary cessation of activities; b. relocating activity facilities; c. closing drainage channels; d. demolition; e. confiscation of goods or equipment that might potentially cause violation ; and/or f. other measures aimed at stopping violation and measures to restore environmental function. The Minister, governor, or regent/mayor in accordance with their authority will issue administrative sanction in the form of written warning of total 1 (one) time to the Hazardous Waste Collector as meant in paragraph (1). The Hazardou Waste Collector as meant in paragraph (4) shall commence follow up of written warning in a period of at the most 14 (fourteen) days since the written warning was issued. In the event the Hazardous Waste Collector fails to commence follow up to written warning in the period of time as meant in paragraph (5), the Minister, governor, or regent/mayor will issue administrative sanction in the form of government enforcement. In the event that the Hazardous Waste Collector fails to comply with government enforcement as meant in paragraph (6), the Minister, governor, or regent/mayor will impose administrative sanction in the form of suspension of Hazardous Waste Management permit for Hazardous Waste Collection activities.

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(8)

(9)

In the event that the Hazardous Waste Collector fails to comply with the provisions of permit suspension as meant in paragraph (7), the Minister, governor, or regent/mayor will impose administrative sanction in the form of revocation of Hazardous Waste Management permit for Hazardous Waste Collection activities. Further provisions on the criteria and period of time to meet requirements for government enforcement, suspension of Hazardous Waste Management permit for Hazardous Waste collection activities, and revocation of Hazardous Waste Management permit for Hazardous Waste Collection activities will be regulated in a Minister’s Regulation. Article 246

(1) (2) (3)

(4) (5) (6) (7)

Transport of Hazardous Waste failing to meet or violating the provisions of Article 47 paragraph (1), Article 48 paragraph (1), and/or Article 52 will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will take the form of: a. written warning; b. government enforcement; Government enforcement as meant in paragraph (2) point b will include: a. temporary cessation of activities; b. confiscation of goods or equipment with potential to cause violations; and/or c. other measures aimed at stopping violations and measures to restore environmental function. The Minister will issue administrative sanction in the form of written warning of total 1 (one) time to the Hazardous Waste Transporter as meant in paragraph (1). The Hazardous Waste Transporter as meant in paragraph (4) shall commence follow up of written warning in a time period of maximum 14 (fourteen) days since the written warning was issued. In the event that the Hazardous Waste Transporter fails to follow up the written warning in the time period as meant in paragraph (5), the Minister will issue administrative sanction in the form of government enforcement. Further provisions on criteria and time period for fulfillment of the provisions of government enforcement will be regulated in Minister’s Regulation. Article 247

(1)

(2)

(3)

Every person producing Hazardous Waste or Hazardous Waste utilizer failing to meet or violating the provisions of Article 53 paragraph (1), Article 55, Article 56 paragraph (1), paragraph (2), or paragraph (4), Article 61 paragraph (1), paragraph (2), or paragraph (3), Article 62 paragraph (1) or paragraph (2), Article 63, Article 66 paragraph (2), Article 68 paragraph (1) or paragraph (2), Article 72, Article 73 paragraph (1) or paragraph (2), Article 74 paragraph (1), paragraph (2), or paragraph (3), Article 75 paragraph (1), Article 76 paragraph (1), paragraph (4), or paragraph (6), Article 77, Article 82 paragraph (1), paragraph (2), or paragraph (3), Article 83 paragraph (1) or paragraph (2), Article 84, Article 87 paragraph (2), Article 89 paragraph (1) or paragraph (2), Article 93, and/or Article 94 paragraph (1) or paragraph (2) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) include: a. written warning; b. government enforcement; c. suspension of Hazardous Waste Management permit for Hazardous Waste utilization activities; or d. revocation of Hazardous Waste Management permit for Hazardous Waste Utilization activities. Government enforcement as meant in paragraph (2) point b encompasses:

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a. b. c. d. e. f.

(4) (5) (6)

(7)

(8)

(9)

temporary cessation of activities; relocating activity facilities; shutting drainage channels; demolition; confiscation of goods or equipment potentially causing violation ; and/or other measures with the aim of stopping violations and measures to restore environmental function. The Minister will issue administrative sanction in the form of written warning of total 1 (one) time to Every Person producing Hazardous Waste or Hazardous Waste Utilizer as meant in paragraph (1). Every person producing Hazardous Waste or Hazardous Waste Utilizer as meant in paragraph (4) shall begin to follow up the written warning in a period of time of maximum 14 (fourteen) days since the written warning was issued. In the event that Every Person producing Hazardous Waste or Hazardous Waste Utilizer fails to commence follow up of the written warning in the period of time as meant in paragraph (5), the Minister will impose administrative sanction in the form of government enforcement. In the event that Every Person producing Hazardous Waste or Hazardous Waste Utilizer fails to comply with government enforcement as meant in paragraph (6), the Minister will impose administrative sanction in the form of suspension of Hazardous Waste Management permit for Hazardous Waste Utilization activities. In the event that Every person producing Hazardous Waste or Hazardous Waste Utilizer fails to meet the provisions of suspension of Hazardous Waste Management permit for Hazardous Waste Utilization activities as meant in paragraph (7), the Minister will impose administrative sanction in the form of revocation of Hazardous Waste Management permit for Hazardous Waste Utilization activities. Further provisions regarding criteria and time period of fulfillment toward the provisions of government enforcement, suspension of Hazardous Waste Management permit for Hazardous Waste Utilization activities, and revocation of Hazardous Waste Management permit for Hazardous Waste Utilization activities will be regulated through Minister’s Regulation. Article 248

(1)

(2)

(3)

Every Person producing Hazardous Waste or Hazardous Waste Processor failing to fulfill or violating the provisions of Article 99 paragraph (1), Article 101 paragraph (1), paragraph (2) or paragraph (4), Article 106, Article 109 paragraph (2), Article 110, Article 111 paragraph (1) or paragraph (2), Article 112, Article 115 paragraph (2), Article 117 paragraph (1) or paragraph (2), Article 121, Article 122 paragraph (1) or paragraph (2), Article 123 paragraph (1), paragraph (2), or paragraph (3), Article 124 paragraph (1), Article 125 paragraph (1), paragraph (5), or paragraph (7), Article 130, Article 131 paragraph (2), Article 132, Article 133 paragraph (1) or paragraph (2), Article 134, Article 137 paragraph (2), Article 139 paragraph (1) or paragraph (2), Article 143, and/or Article 144 paragraph (1) or paragraph (2) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will take the form of: a. written warning; b. government enforcement; c. suspension of Hazardous Waste Management permit for Hazardous Waste Processing activities; or d. revocation of Hazardous Waste Management permit for Hazardous Waste Processing activities. Government enforcement as meant in paragraph (2) point b comprises: a. temporary cessation of activities;

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b. c. d. e. f. (4) (5) (6) (7)

(8)

(9)

relocating activity facilities; closing drainage channels; demolition; confiscation of goods or equipment potentially causing violation; and/or other measures aimed at stopping violation and measures to restore environmental function. The Minister will issue administrative sanction in the form of written warning of total 1 (one) time to Every Person producing Hazardous Waste or Hazardous Waste Processor as meant in paragraph (1). Every Person producing Hazardous Waste or Hazardous Waste Processor as meant in paragraph (4) shall commence to follow up written warning in a maximum period of time of 14 (fourteen) days since the written warning was issued. In the event that Every Person producing Hazardous Waste or Hazardous Waste Processor fails to commence follow up of written warning in the period of time as meant in paragraph (5), the Minister will provide administrative sanction in the form of government enforcement. In the event that Every Person producing Hazardous Waste or Hazardous Waste Processor fails to comply with government enforcement as meant in paragraph (6), the Minister will impose administrative sanction in the form of suspension of Hazardous Waste Management permit for Hazardous Waste Processing activities. In the event that Every Person producing Hazardous Waste or Hazardous Waste Utilizer fails to comply with the provisions of suspension of Hazardous Waste Management permit for Hazardous Waste Processing activities as meant in paragraph (7), the Minister will impose administrative sanction in the form of revocation of Hazardous Waste Management permit for Hazardous Waste Processing activities. Further provisions regarding the criteria and time period for meeting the provisions of government enforcement, suspension of Hazardous Waste Management permit for Hazardous Waste Processing activities, and revocation of Hazardous Waste Management permit for Hazardous Waste Processing activities will be regulated in Minister’s Regulation. Article 249

(1)

(2)

(3)

Every Person producing Hazardous Waste or Hazardous Waste Stockpiler failing to meet or violating the provisions of Article 145 paragraph (1), Article 146 paragraph (1) or paragraph (4), Article 147 paragraph (1), paragraph (2), or paragraph (3), Article 150, Article 153 paragraph (2), Article 155 paragraph (1) or paragraph (2), Article 159 paragraph (1), paragraph (2), paragraph (3), or paragraph (4), Article 160 paragraph (1) or paragraph (2), Article 161 paragraph (1), paragraph (2), paragraph (3), or paragraph (4), Article 162, Article 163 paragraph (1) or paragraph (2), Article 166 paragraph (2), Article 172, Article 173 paragraph (1) or paragraph (2), and/or Article 174 paragraph (1), paragraph (2), or paragraph (3) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will comprise of: a. written warning; b. government enforcement; c. suspension of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities; or d. revocation of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities. Government enforcement as meant in paragraph (2) point b comprises: a. temporary cessation of activities; b. relocating activity facilities; c. closing drainage channels; d. demolition; e. confiscation of goods or equipment potentially causing violation ; and/or

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f. (4) (5) (6) (7)

(8)

(9)

other measures aimed at stopping violations and measures to restore environmental function. The Minister will issue administrative sanction in the form of written warning of total 1 (one) time to Every Person producing Hazardous Waste or Hazardous Waste Stockpiler as meant in paragraph (1). Every Person producing Hazardous Waste or Hazardous Waste Stockpiler as meant in paragraph (4) shall commence follow up of written warning in a maximum time period of 14 (fourteen) days since written warning was issued. In the event that Every Person producing Hazardous Waste or Hazardous Waste Stockpiler fails to commence follow up to written warning in the period of time as meant in paragraph (5), the Minister will issue administrative sanction of government enforcement. In the event that Every Person producing Hazardous Waste or Hazardous Waste Stockpiler fails to comply with government enforcement as meant in paragraph (6), the Minister will impose administrative sanction in the form of suspension of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities. In the event that Every Person producing Hazardous Waste or Hazardous Waste Stockpiler fails to comply with the provisions of suspension of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities as meant in paragraph (7), Minister will impose administrative sanction in the form of revocation of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities. Further provisions regarding criteria and time period to fulfill the provisions of government enforcement, suspension of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities , and revocation of Hazardous Waste Management permit for Hazardous Waste Stockpiling activities will be regulated in Minister’s Regulation. Article 250

(1)

(2)

(3)

(4) (5) (6)

Every Person conducting Hazardous Waste Dumping failing to meet or violating the provisions of Article 175, Article 176 paragraph (1), Article 177 paragraph (2), Article 184 paragraph (2), Article 185 paragraph (1) or paragraph (2), Article 189, and/or Article 190 paragraph (1) or paragraph (2) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) include: a. government enforcement; b. suspension of Hazardous Waste Dumping permit; or c. revocation of Hazardous Waste Dumping permit. Government enforcement as meant in paragraph (2) point b comprises: a. temporary cessation of activities; b. relocation of activity facilities; c. demolition; d. confiscation of goods or equipment potentially causing violation; and/or e. other measures aimed at stopping violations and measures to restore environmental function. The Minister will issue administrative sanction in the form of government enforcement to Every Person conducting Hazardous Waste Dumping as meant in paragraph (1). In the event that Every Person conducting Hazardous Waste Dumping fails to comply with government enforcement as meant in paragraph (4), the Minister will issue administrative sanction in the form of suspension of Hazardous Waste Dumping permit. In the event that Every Person conducting Hazardous Waste Dumping fails to comply with the provisions of suspension of Hazardous Waste Dumping permit as meant in paragraph (5), Minister will issue administrative sanction in the form of revocation of Hazardous Waste Dumping permit.

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(7)

Further provisions regarding the criteria and time period of fulfilling provisions of government enforcement, suspension of Hazardous Waste Dumping permit, and revocation of Hazardous Waste Dumping permit will be regulated in Minister’s Regulation. Article 251

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Every Person producing Hazardous Waste, Hazardous Waste Collector, Hazardous Waste Transporter, Hazardous Waste utilizer, Hazardous Waste Processor, and/or Hazardous Waste Stockpiler failing to meet or violating the provisions of Article 198 and/or Article 210 paragraph (1) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will comprise of: a. government enforcement; b. suspension of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport; or c. revocation of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport. Government enforcement as meant in paragraph (2) point b comprises: a. temporary cessation of activities; b. relocating activity facilities; c. closing drainage channels; d. demolition; e. confiscation of goods or equipment potentially causing violation; and/or f. other measures of stopping violation and measures to restore environmental function. The Minister, governor, or regent/mayor in accordance with authority will issue administrative sanction in the form of government enforcement to Every Person producing Hazardous Waste, Hazardous Waste Collector, Hazardous Waste Transporter, Hazardous Waste Utilizer, Hazardous Waste Processor, and/or Hazardous Waste Stockpiler as meant in paragraph (1). In the event that Every Person producing Hazardous Waste, Hazardous Waste Collector, Hazardous Waste Transporter, Hazardous Waste Utilizer, Hazardous Waste Processor, and/or Hazardous Waste Stockpiler fails to comply with government enforcement as meant in paragraph (4), the Minister will issue administrative sanction in the form of suspension of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport. In the event that Every Person producing Hazardous Waste, Hazardous Waste Collector, Hazardous Waste Transporter, Hazardous Waste Utilizer, Hazardous Waste Processor, and/or Hazardous Waste Stockpiler fails to comply with the provisions of suspension of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport as meant in paragraph (5), the Minister, governor, regent/mayor will issue administrative sanction in the form of revocation of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport. Further provisions regarding the criteria and period of time to fulfill the provisions of government enforcement, suspension of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport, and revocation of Hazardous Waste Management permit or recommendation for Hazardous Waste Transport will be regulated in Minister’s Regulation. Article 252

(1) (2

Every Person conducting Hazardous Waste Dumping failing to meet or violating the provisions of Article 199 and/or Article 210 paragraph (1) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will comprise of: a. government enforcement;

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(3)

(4) (5) (6)

(7)

b. suspension of Hazardous Waste Dumping permit; or c. revocation of Hazardous Waste Dumping permit. Government enforcement as meant in paragraph (2) point b includes: a. temporary cessation of activities; b. relocating activity facilities; c. closing drainage channels; d. demolition; e. confiscation of goods or equipment potentially causing violation; and/or f. other measures aimed at stopping violations and measures of restoring environmental function. The Minister according to authority will issue administrative sanction in the form of government enforcement to Every Person conducting Hazardous Waste Dumping as meant in paragraph (1). In the event that Every Person conducting Hazardous Waste Dumping fails to comply with government enforcement as meant in paragraph (4), the Minister will issue administrative sanction in the form of suspension of Hazardous Waste Dumping permit. In the event that Every Person conducting Hazardous Waste Dumping fails to comply with the provisions of suspension of Hazardous Waste Dumping permit as meant in paragraph (5), the Minister will impose administrative sanction in the form of revocation of Hazardous Waste Dumping permit. Further provisions regarding criteria and time period to fulfill the provisions of government enforcement, suspension of Hazardous Waste Dumping permit, and revocation of Hazardous Waste Dumping permit will be regulated in Minister’s Regulation. Article 253

(1)

(2) (3) (4)

(5)

Every Person producing Hazardous Waste, Hazardous Waste Collector, Hazardous Waste Transporter, Hazardous Waste Utilizer, Hazardous Waste Processor, and/or Hazardous Waste Stockpiler failing to meet or violating the provisions of Article 217, Article 220, Article 224, Article 225, Article 227 paragraph (2), Article 229 paragraph (2), Article 231 paragraph (2), Article 232 paragraph (2), Article 233, Article 234 paragraph (2), Article 235 paragraph (2), and/or Article 236 paragraph (2) will be subject to administrative sanctions. Administrative sanctions as meant in paragraph (1) will take the form of government enforcement. Government enforcement as meant in paragraph (2) in the form of other measures aimed at stopping violation and measures to restore the environmental function. The Minister, governor, or regent/mayor according to their authority will give administrative sanction in the form of government enforcement to Every Person producing Hazardous Waste, Hazardous Waste Collector, Hazardous Waste Transporter, Hazardous Waste Utilizer, Hazardous Waste Processor, and/or Hazardous Waste Stockpiler as meant in paragraph (1). Further provisions regarding the criteria and time period to fulfill the provisions of government enforcement will be regulated in Minister’s Regulation. CHAPTER XIX TRANSITIONAL PROVISIONS Article 254

(1)

At the time this Government Regulation comes into effect, all Hazardous Waste Management permits and Hazardous Waste Dumping permits issued prior to enactment of the Government Regulation with maximum effective period of 5 (five) years, will be declared to remain valid until expiration of the effective period.

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(2)

At the time this Government Regulation begins to take effect, all Hazardous Waste Management permits, Hazardous Waste Dumping permits, or recommendations relating to Hazardous Waste Management in which the effective period has not been stipulated and issued prior to enactment of this Government Regulation, shall be adapted to the provisions of this Government Regulation in a maximum of 6 (six) months from the time this Government Regulation comes into effect. Article 255

(1)

(2)

Storage of category 2 Hazardous Waste from specific source, implemented prior to enactment of this Government Regulation shall be adjusted to the provisions of this Government Regulation for a maximum of 1 (one) year since enactment of this Government Regulation. Utilization of Hazardous Waste with radioactive contamination level and/or activity concentrations exceeding the provisions as meant in Article 55 paragraph (1) or Article 77 paragraph (1), shall : a. terminate in a maximum period of 1 (one) year since enactment of this Government Regulation ; and b. conduct Hazardous Waste Stockpiling in accordance with the provisions of Article 145 through Article 174. Article 256

In the event that Hazardous Waste in the form of drill cutting resulting from exploration and/or production business and/or activity drilling at sea using synthetic-based mud possessing total hydrocarbon content of over 0% (zero percent) but less than 10% (ten percent) in which Hazardous Waste Dumping will be carried out at the location as meant in Article 180, Every Person conducting Hazardous Waste Dumping shall endeavour to reduce hydrocarbon content up to: a. maximum 5% (five per cent) in 2017; and b. 0% (zero percent) in 2025. CHAPTER XX CLOSING PROVISIONS Article 257 At the time this Government Regulation begins to take effect, all implementing regulations of Government Regulation Number 18 Year 1999 concerning Management of Hazardous and Toxic Materials Waste (State Gazette of the Republic of Indonesia Year 1999 Number 31, Supplement to State Gazette of the Republic of Indonesia Number 3815) as revised through Government Regulation Number 85 Year 1999 concerning Revision to Government Regulation Number 18 Year 1999 concerning Management of Hazardous and Toxic Waste (State Gazette of the Republic of Indonesia Year 1999 Number 190, Supplement to State Gazette of the Republic of Indonesia Number 3910) are declared to remain in effect provided they are not in contravention to this Government Regulation. Article 258 At the time this Government Regulation begins to take effect , Government Regulation Number 18 Tahun 1999 concerning Management of Hazardous and Toxic Materials Waste (State Gazette of the Republic of Indonesia Year 1999 Number 31, Supplement to State Gazette of the Republic of Indonesia Number 3815) as revised with Government Regulation Number 85 Year 1999 (State GR101_2014

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Gazette of the Republic of Indonesia Year 1999 Number 190, Supplement to State Gazette of the Republic of Indonesia Number 3910) will be revoked and declared not effective. Article 259 This Government Regulation shall become effective on the date of its enactment. In order that all may be aware of its enactment, has ordered the placement of this Government Regulation in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on 17 October 2014 PRESIDENT OF THE REPUBLIC OF INDONESIA, signed DR. H. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 17 October 2014 MINISTER OF LAW AND HUMAN RIGHTS, signed AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2014 NUMBER 333_

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EXPLANATION OF REGULATION OF THE GOVERNMENT OF INDONESIA NUMBER 101 OF 2014 CONCERNING HAZARDOUS AND TOXIC WASTE MANAGEMENT I.

GENERAL

Hazardous and toxic (B3) waste directly discharged into the environment may cause hazard to the environment and human health and be detrimental to other living creatures. Considering the risk, efforts must be made for each operations and/or activity to produce as minimum amount of hazardous waste as possible and prevent the entry of hazardous waste from outside Indonesian territory. The hazardous waste management is meant for a minimum of hazardous waste to be produced by the respective production units and in fact attempted to be nil, by endeavouring a reduction at the source in processing of materials, substituting materials , regulating activity operations, and using clean technology. In the event that hazardous waste is still produced, efforts will be made to utilize the hazardous waste. Hazardous waste utilization encompasses the activities of reuse, recycle, and recovery, which are important links in the hazardous waste management chain. Reuse is re-using hazardous waste for the same function or different function without going through additional chemical, physical, biological, and/or thermal processes. Hazardous Waste recycling consists of useful recycling activities through additional processes with chemical, physical, biological and/or thermal means generating similar products, different products, and/ or useful materials. While recovery consists of activities to recover useful components through chemical, physical, biological, and/or thermal process. With hazardous waste utilization technology on one hand the quantity of hazardous waste may be reduced so that the cost of hazardous waste treatment can also be suppressed and on the other hand can increase the usefulness of raw material. This will in turn reduce the speed at which natural resources are depleted. To eliminate or reduce risk that may arise from hazardous waste produced the hazardous waste produced needs to be managed with consideration. Integrated management of Hazardous Waste is necessary as it may be detrimental to the health of humans, other living creatures, and the environment unless management is done properly. Therefore, the Government Regulation concerning Hazardous Waste Management is required in integrated manner regulating the connection between each node of Hazardous Waste Management, namely activities of storage, collecting, transport, processing, utilization, and stockpiling of Hazardous Waste. The significance of formulating the Government Regulation in definite manner is also mentioned in Agenda 21 Indonesia, National Strategy for Sustainable Development and as implementation of Article 59 paragraph (7) Act Number 32 Year 2009 concerning Environmental Protection and Management. Hazardous waste management is a series of activities encompassing storage, collecting, utilizing, transporting, and treatment of hazardous waste including stockpiling the treated products. In the series of activities involving several parties, in which each party is a link in the chain, comprising of: GR101_2014

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a. b. c. d. e. f.

Hazardous Waste Producer; Hazardous Waste Collector; Hazardous Waste Transporter; Hazardous Waste Utilize; Hazardous Waste Processor; and Hazardous Waste Disposer.

To ensure that each link in the chain of Hazardous Waste Management as mentioned above is carried out properly, accurately, and in accordance with the objectives and requirements of Hazardous Waste Management, Hazardous Waste Management shall be complemented with permits consisting of: a. Waste Management Permit for Hazardous Waste Storage activities; b. Waste Management Permit for Hazardous Waste Collecting activities; c. Waste Management Permit for Hazardous Waste Transport activities; d. Waste Management Permit for Hazardous Waste Utilization activities; e. Waste Management Permit for Hazardous Waste Processing activities; and f. Waste Management Permit for Hazardous Waste Stockpiling activities. The Hazardous Waste Management Permit is an administrative preventive instrument, which may be issued as 1 (one) integrated permit by the Minister, governor, or regent/mayor according to their authority based on the application for permit, with the exception of Waste Management Permit for Hazardous Waste Transport activities. Hazardous Waste Dumping is the last alternative in Hazardous Waste Management. Limitation of types of Hazardous Waste that may be dumped at sea is meant to protect the marine ecosystem and prevent Environmental Pollution and Environmental Degradation at sea since sea water is a medium that will easily and quickly spread contaminants and/ or pollutants. Hazardous Waste dumping at sea are only done if Hazardous Waste produced from activities at sea are unable to be processed on land due to environmental, technical and economic considerations. In order to conduct Hazardous Waste Dumping, requirements must be fulfilled related to type and quality of Hazardous Waste and location, so that Hazardous Waste Dumping will not be detrimental to the health of humans, other living creatures, and the environment. II.

ARTICLE BY ARTICLE

Self-explanatory. Self-explanatory.

Article 1 Article 2 Article 3

Paragraph (1) Self-explanatory. Paragraph (2) Point a Hazardous Waste category 1 refers to Hazardous Waste with acute and direct impact on humans and will certainly have negative impact on the environment. Point b

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Paragraph (3) Point a

Point b Point c Paragraph (4) Point a Point b

Hazardous Waste category 2 refers to Hazardous Waste containing B3, possesses delayed effect, and has indirect impact on humans and the environment as well as sub-chronic or chronic toxicity. Hazardous Waste from non-specific source refers to Hazardous Waste that generally does not derive from the main process, but from activities including equipment maintenance, washing, corrosion prevention or corrosion inhibitor, dissolving of crust, and packaging. Self-explanatory. Hazardous Waste from specific source is Hazardous Waste of process residue from an industry or activity that can be specifically determined. Self-explanatory. “Hazardous Waste from specific source” refers to Hazardous Waste with delayed effect, which indirectly impacts humans and the environment, possesses non-acute toxic characteristic, and produced in large amount per unit of time.

Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory.

Article 4 Article 5 Article 6 Article 7 Article 8

Article 9 Paragraph (1) Ministry or non-ministry government institution including Ministry of Industrial Affairs, Ministry of Energy and Mineral Resources, and Nuclear Energy Supervisory Body. Paragraph (2) Self-explanatory. Self-explanatory. Self-explanatory. Paragraph (1) Self-explanatory. GR101_2014

Article 10 Article 11 Article 12

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Paragraph (2) “Hazardous Waste mixing” refers to mixing of Hazardous Waste with environmental media, material, waste, and/ or other Hazardous Waste, including dilution by adding liquid or other substance to Hazardous Waste, so that the concentration of toxins and/ or hazard level will decrease. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Point a Self-explanatory. Point b Self-explanatory. Point c Information on Hazardous Waste characteristics is required for proper Storage of the Hazardous Waste in question. Point d Self-explanatory. Point e Self-explanatory. Point f Self-explanatory. Paragraph (7) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Point a

Article 13 Article 14 Article 15 Article 16 Article 17

Self-explanatory. Point b Equipment to overcome emergency situation in this provision include sand, oil absorbent, safety shower, oil boom, and oil skimmer. Self-explanatory. Self-explanatory. www.hukumonline.com GR101_2014

Article 18 Article 19

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Point a Point b Point c Point d Point e

Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26

“Perform identification of Hazardous Waste” refers to determining the source of Hazardous Waste produced. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Self-explanatory. www.hukumonline.com Paragraph (1) Point a Point b

Article 27 Article 28

Self-explanatory.

The time period in the provision will be computed beginning from generation of Hazardous Waste. Figure 1 Total 50 kg (fifty kilograms) per day is the cumulative total of 1 (one) or more names of Hazardous Waste. Figure 2 Self-explanatory. Figure 3 Self-explanatory. Figure 4 Self-explanatory. Point c Self-explanatory. Paragraph (2) GR101_2014

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Self-explanatory. Paragraph (3) Self-explanatory. Self-explanatory. Self-explanatory.

Article 29 Article 30

Article 31 Paragraph (1) Self-explanatory. Paragraph (2) Point a Self-explanatory. Point b “Hazardous Waste mixing” refers to mixing Hazardous Waste with environmental media, materials, waste, and/ or other Hazardous Waste , including diluting by adding liquid or other substance to Hazardous Waste so that the concentration of toxic substances and/ or hazard level will decrease. Paragraph (3) Point a Example of Hazardous Waste segregation according to type and characteristic among others segregation between used oil and slope oil and segregation between steel slag and copper slag. Point b Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Article 32

Paragraph (1) Self-explanatory. Paragraph (2) Proof of Hazardous Waste submission may include statement of Hazardous Waste submission, official report, or minutes. Paragraph (3) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. GR101_2014

Article 33 Article 34 Article 35 Article 36

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www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Point a

Point b Point c Point d Point e

Article 37 Article 38 Article 39 Article 40 Article 41 Article 42

“Perform identification of Hazardous Waste” refers to determining the sources and characteristics of Hazardous Waste. Information on Hazardous Waste characteristics is required for proper Collection of Hazardous Waste in question. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 50

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Self-explanatory. Self-explanatory.

Article 51

Article 52 Paragraph (1) Self-explanatory. Paragraph (2) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d Proof of Hazardous Waste submission may include statement of Hazardous Waste submission, official report, or minutes. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Paragraph (1) Point a

Point b

Point c Point d

Article 53 Article 54

Example of Utilization of Hazardous Waste as substitute raw material include Utilizing Hazardous Waste fly ash from the coal combustion process in steam power electric generator (PLTU) activities, used as substitute for the raw material alumina silica in the cement industry. Example of Utilization of Hazardous Waste as substitute energy source includes Utilizing Hazardous Waste oil sludge such as oil sludge, oil sloop, and used oil, as alternative fuel in the cement industry. Example of utilization of Hazardous Waste as raw material, i.e. utilizing Hazardous Waste used oil as principal raw material in the used oil recycling industry.

Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 55 Paragraph (1) The prohibition is meant to protect humans and other living creatures from exposure to Hazardous Waste originating from technologically enhanced naturally occurring radioactive material (TENORM) containing certain radioactivity. Paragraph (2) GR101_2014

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Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory. Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) GR101_2014

Article 56 Article 57 Article 58 Article 59 Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67 Article 68

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Point a Point b

Self-explanatory. “Data non-conformity” includes difference between the name of the permit holder and owner of business and/or activity, invalidity between data provided in the permit application and permit requirements, and incompatibility of data provided in the permit application and permit requirements.

Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory.

Article 69 Article 70 Article 71 Article 72 Article 73

Article 74 Paragraph (1) Self-explanatory. Paragraph (2) Proof of Hazardous Waste submission may include statement of Hazardous Waste submission, official report, or minutes. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory.

Article 75 Article 76 Article 77

Paragraph (1) Prohibition is intended to protect humans and other living creatures from exposure to Hazardous Waste originating from technologically enhanced naturally occurring radioactive material (TENORM) containing specific radioactivity. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 78 GR101_2014

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 79 Article 80 Article 81 Article 82 Article 83 Article 84 Article 85 Article 86 Article 87

Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Point a Self-explanatory. Point b Proof of Hazardous Waste submission may include statement of Hazardous Waste submission, official report, or minutes. Point c Self-explanatory. Point d Self-explanatory. Point e Self-explanatory. Point f Self-explanatory. Point g Self-explanatory. Point h Self-explanatory. Point i Self-explanatory. Point j Self-explanatory. GR101_2014

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Point k Point l

Self-explanatory.

Self-explanatory. Point m Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory.

Article 88 Article 89 Article 90 Article 91 Article 92 Article 93 Article 94

Article 95 By- products refer to secondary products generated from an industrial process integrated with the process generating the main product. By- products are generally in the nature of having specific use, may be used directly without further process, and meet product requirements and/ or standards. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 96 Article 97 Article 98 Article 99 Article 100 Article 101 Article 102

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Self-explanatory. www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Paragraph (1) Point a Point b Point c

Article 103 Article 104 Article 105 Article 106 Article 107

Self-explanatory. Self-explanatory. Determination of destruction removal efficiency, DRE is conducted by calculating the concentration and/or weight of hazardous waste at the start and at the end of thermal treatment process. The percentage figures show the number of molecules of hazardous waste compound that are removed and destroyed compared with the number of molecules of hazardous waste compound entering the hazardous waste treatment system by thermal means. Principle Organic Hazardous Constituents (POHCs) compounds are hazardous and toxic substances that do not easily decompose. POHCs compounds are generally contained in hazardous waste so that it is used as a method to know destruction removal efficiency, DRE of the hazardous waste thermal treatment tool producing air emission, such as incinerators. POHCs compounds include tetrachloroetylene, toluene, 1,2-dichloropropane, carbon tetrachloride and so forth.

Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Paragraph (7) Self-explanatory. Paragraph (8) Self-explanatory. Self-explanatory.

Article 108 Article 109

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 110 Article 111 Article 112 Article 113

Paragraph (1) Self-explanatory. Paragraph (2) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d Self-explanatory. Point e Self-explanatory. Point f Information on Hazardous Waste characteristics required for correct Processing of the Hazardous Waste in question. Point g Self-explanatory. Point h Self-explanatory. Point i Self-explanatory. Point j Self-explanatory. Point k Self-explanatory. Point l Self-explanatory. Point m Self-explanatory. Paragraph (3) Self-explanatory. Self-explanatory.

Paragraph (1) Self-explanatory. Paragraph (2) GR101_2014

Article 114

Article 115

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Self-explanatory. Paragraph (3) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d Self-explanatory. Point e Self-explanatory. Point f Self-explanatory. Point g Information on Hazardous Waste characteristics required for proper Processing of Hazardous Waste in question. Point h Self-explanatory. Point i Self-explanatory. Point k Self-explanatory. Point l Self-explanatory. Point m Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory.

Self-explanatory. Self-explanatory.

Article 116 Article 117 Article 118 Article 119 Article 120

Article 121 Article 122 Article 123

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Paragraph (1) Self-explanatory. Paragraph (2) Proof of Hazardous Waste submission may include statement of Hazardous Waste submission, official report, or minutes. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 124 Article 125 Article 126 Article 127 Article 128 Article 129 Article 130 Article 131 Article 132 Article 133 Article 134

Article 135 Paragraph (1) Self-explanatory. Paragraph (2) Point a Self-explanatory. Point b Self-explanatory. Point c Proof of Hazardous Waste submission may include statement of Hazardous Waste submission, official report, or minutes. GR101_2014

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Point d Point e Point f Point g Point h Point i Point j Point k Point l

Self-explanatory. Self-explanatory. Self-explanatory. Information on Hazardous Waste characteristics required for proper Processing of Hazardous Waste in question. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Self-explanatory. Point m Self-explanatory. Point n Self-explanatory. Paragraph (3) Self-explanatory. Self-explanatory.

Article 136

Article 137 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d Self-explanatory. Point e Self-explanatory. Point f Self-explanatory. Point g Information on Hazardous Waste characteristics required for proper Processing of Hazardous Waste in question. Point h Self-explanatory. Point i GR101_2014

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Point j Point k Point l

Self-explanatory. Self-explanatory. Self-explanatory.

Self-explanatory. Point m Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Paragraph (1) Point a Point b Point c Point d Paragraph (2) GR101_2014

Article 138 Article 139 Article 140 Article 141 Article 142 Article 143 Article 144 Article 145 Article 146 Article 147 Article 148

“Flood free” refers to being free from 100 (one hundred) year- cycle floods. Self-explanatory. Self-explanatory. Self-explanatory.

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Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (1) Point a Point b

Point c Point d

Article 149 Self-explanatory. “ System liner” refers to protective layer built to prevent exposure of Hazardous Waste or leachates from Hazardous Waste into the environment. The protective layer may be synthetic liner or compacted clay or other equivalent layer of similar permeability. The protective layer may be provided with double liner and/ or single liner or only with compacted clay. Self-explanatory. Hazardous Waste Stockpiling closure and post-closure plan contains among others environmental protection and management plan in the long term at the Hazardous Waste Stockpiling facility.

Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 150 Article 151 Article 152 Article 153

Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d Self-explanatory. Point e Information on Hazardous Waste characteristics is required for proper Stockpiling of Hazardous Waste in question. GR101_2014

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Point f Point g Point h Point i Point j Point k

Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 154 Article 155 Article 156 Article 157 Article 158 Article 159 Article 160 Article 161

Article 162 Paragraph (1) Self-explanatory. Paragraph (2) Proof of Hazardous Waste submission among others are Hazardous Waste submission statement, official report, or minutes. Paragraph (3) Self-explanatory. Self-explanatory. Paragraph (1) GR101_2014

Article 163 Article 164

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Self-explanatory. Paragraph (2) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d Information on Hazardous Waste characteristics are required for proper Hazardous Waste Stockpiling concerned. Point e Self-explanatory. Point f Self-explanatory. Point g Self-explanatory. Point h Self-explanatory. Point i Self-explanatory. Point j Self-explanatory. Point k Self-explanatory. Paragraph (3) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 165 Article 166 Article 167 Article 168 Article 169 Article 170 Article 171 Article 172 Article 173

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Paragraph (1) Point a

Article 174 Article 175 Article 176 Article 177 Article 178 Article 179 Article 180

Self-explanatory. Point b “Sensitive areas” include marine protection zones, recreation areas, mangrove forest coastal zones, sea grass and coral reef, national parks, nature tourism parks, science and cultural reserve zones , natural disaster-prone zones, shipping lanes, fish spawning and raising, fish migration routes, fishing areas, special military lanes and/or areas. Paragraph (2) Point a Depths greater than or equal to 100 m (one hundred meters) for Dumping tailing at sea, i.e. the Hazardous Waste discharge point (outfall) is at depth greater than or equal to 100 m (one hundred meters). Point b Self-explanatory. Point c Up-welling is oceanographic phenomenon marked by occurrence of rising water mass from the sea depths to the surface among others caused by wind and temperature differences. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory.

Article 181 Article 182 Article 183

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 184 Article 185 Article 186 Article 187 Article 188 Article 189 Article 190

Paragraph (1) “Terminating operations and/ or activities” refers to termination of ongoing Hazardous Waste Dumping activities. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Article 191 Paragraph (1) Exception to Hazardous Waste Management will be made case by case by Every Person producing Hazardous Waste from specific source. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 192 Article 193 Article 194 Article 195

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Self-explanatory. Article 196 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Point a Self-explanatory. Point b Self-explanatory. Point c Information on Hazardous Waste characteristics is required for proper cross border movement of the Hazardous Waste in question. Point d Self-explanatory. Point e Self-explanatory. Point f Self-explanatory. Point g Self-explanatory. Point h Self-explanatory. Point i Self-explanatory. Point j Self-explanatory. Article 197

Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Reason for refusal includes transit refusal from the customs area. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

GR101_2014

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 203 Article 204 Article 205 Article 206 Article 207 Article 208

Article 209 Paragraph (1) Self-explanatory. Paragraph (2) Point a Self-explanatory. Point b Self-explanatory. Point c Self-explanatory. Point d “Bottom layer soil” refers to soil that can be used as liner for construction activities and/ or similar activities. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 210 Article 211 Article 212 Article 213 Article 214 Article 215 Article 216 Article 217

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

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Self-explanatory. www.hukumonline.com Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory.

Article 236 Article 237 Article 238 Article 239 Article 240 Article 241 Article 242 Article 243 Article 244 Article 245 Article 246 Article 247 Article 248 Article 249 Article 250 Article 251 Article 252 Article 253

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Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. Self-explanatory. www.hukumonline.com Self-explanatory.

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SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5617

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