proposed new regulation:- environmental quality … · proposed new regulation:-environmental...

PROPOSED NEW REGULATION:-

ENVIRONMENTAL QUALITY (POLLUTION

OF THE SOIL) REGULATIONS 201X

PERATURAN-PERATURAN KUALITI ALAM

SEKELILING (PENCEMARAN TANAHTANIH)

201X

INTRODUCTION

• Malaysia has not inherited such a frighteninglegacy of contaminated land as in otherdeveloped countries.

• Many sites such as motor workshops, petrolstations, fuel depots, railway yards, landfills,industrial sites and ex-mining land can bepotential contaminated sites.

• Little work carried out in identifying contaminatedsites. Land contamination normally goesunnoticed.

• Severe land contamination will have significantimpacts on human health and the environment

• Significant liability issues associated with landcontamination – unlike wastewater discharge orair emission, land contamination stays long afterchemicals releases.

• There is no regulation on CLM developed inMalaysia.

SOIL POLLUTION CONTROL BY EQA , 1974

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(2) Not withstanding the generality of subsection (1), a person shall be deemed to pollute any soil or surface of any land if –

(1) No person shall, unless licensed, pollute or cause or permit to be polluted any soil or surface of any land in contravention of the acceptable conditions specified under section 21.

Section 24 of the Environmental Quality Act 1974 states that;

(a) he places in or on any soil or in any place where it may gain access to any soil any matter whether liquid, solid, or gaseous; or

(b) he establishes on any land a refuse dump, garbage pit, soil androck disposal site, sludge deposit site, waste injection well orotherwise used land for the disposal of or a repository for solid orliquid wastes so as to be obnoxious or offensive to human beingsor interfere with underground water or detrimental to anybeneficial use of the soil or the surface of the land.

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Compounding of offence shall not exceed RM 2,000

Any person who contravenes this section shall be

guilty of an offence and shall be liable to a fine not

exceeding one hundred thousand ringgit or to

imprisonment for a period of not exceeding

PENALTY

EQA, 1974 – Section 24

five years or both and to a further fine not

exceeding one thousand ringgit a day for

every day that is continued after a notice

by the Director General to cease the act

specified therein has been served

OHT 5

REFERENCES TO SIMILAR

REGULATIONS IN OTHER COUNTRIES

The regulation and framework was formulated by referring to countries

that used risk-based approach in their regulation;

Australia United Kingdom

New Zealand Netherlands

United States Taiwan

- Risk-Based Concentrations (RBC) Other ASEAN countries

Jepun - Thailand & Singapore

GUIDELINES

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Contaminated Land Management and Control Guidelines No. 1:Malaysian Recommended Site Screening Levels forContaminated Land;

Contaminated Land Management and Control Guidelines No. 2:Assessing and Reporting Contaminated Sites; dan

Contaminated Land Management and Control Guidelines No. 3:Remediation of Contaminated Sites.

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PART 1 – PRELIMINARY

Regulation 1. Citation and commencement

Regulation 2. Interpretation

PART 2 - ADMINISTRATION

Regulation 3. Application

PART 3 - PREVENTION ON POLLUTION OF THE SOIL

Regulation 4. Prohibition of Pollution of the Soil

Regulation 5. Liabilities of Polluter

PART 4 - REQUIREMENTS FOR CONTROL ON POLLUTION OF THE SOIL

Regulation 6. Responsibility to Notify Pollution of the Soil

Regulation 7. Responsibility to Perform Initial and Detailed Assessments

Regulation 8. Responsibility to Perform Risk Assessment

REGULATIONS

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Regulation 9. Responsibility to Provide Information to the Department of

Environment

Regulation 10. Responsibility to Remediate Pollution of the Soil

Regulation 11. Remediation Action Plan

Regulation 12. Management of Contaminated Soil and Abstracted Contaminated

Groundwater

Regulation 13. Registered Consultant

PART 5 – GENERAL PROVISIONS

Regulation 14. Compounding of offences

Regulation 15. General Penalty

REGULATIONS (continue)

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There are 16 interpretations, among others;

“pollution of the soil” means a site at which substances occurat concentrations above natural background level occurringmetal or substance concentrations and pose or are likely topose an immediate or long term hazard to human health or theenvironment or exceed concentration specified in the SiteScreening Levels.

PART 1 – PRELIMINARY

Regulation 1 - Citation and commencement

Regulation 2 - Interpretation

1. These regulations may be cited as the EnvironmentalQuality (Pollution of the Soil) Regulations 201X.

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3. These Regulations shall apply to any land which:-

(a) currently being used or was previously used, to performpolluting activities with the potential to cause soil andgroundwater contamination; or

(b) involves with the change of land used from polluting activitiesto non polluting activities or from non polluting activities topolluting activities.

PART 2 – ADMINISTRATION

Regulation 3 - Application

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4. No person shall cause or pollute any soil or surface of anyland in contravention of the concentration specified in accordanceto Site Screening Levels.

PART 3 – PREVENTION OF POLLUTION

OF THE SOIL

Regulation 4 - Prohibition of Pollution of the Soil

Note: Person refer to:-

Land owner; or

Land occupier; or

Any polluter or potential polluter whom the Director General hasreason to believe that the subject land has potential air, soil,

surface water and groundwater impact

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5. A Polluter shall be liable for:

(a) all expenses incurred to investigate and perform remediation of pollution of the soil to achieve a remedial standard acceptable to the Director General as approved in the remediation action plan; and

(b) any other direct expenses or loss incurred by affected human receptors or neighbouring land owners as a result of loss of income, temporary or permanent loss of access to their properties or destruction or alterations to their properties.

Regulation 5 - Liabilities of Polluter

PART 3 – PREVENTION OF POLLUTION

OF THE SOIL

Note: Polluter Pay Principle

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6. (1) Any land owner or land occupier who has a potential of contaminating soil and groundwater as listed in the First Schedule shall notify the Director General of the existence, or likely existence, of the contaminated soil. The notification shall be made within two years after the commencement of these regulations.

(2) The notification given under subregulation (1) shall include the information provided in the Second Schedule.

PART 4 – REQUIREMENTS FOR CONTROL ON

POLLUTION OF THE SOIL

Regulation 6 - Responsibility to Notify Pollution of the Soil

NOTE: Notification are as in Appendix B - ‘Contaminated Land Management

and Control Guidelines No. 1: Malaysian Recommended Site Screening

Levels for Contaminated Land’ and notify through on line system.

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7. (1) Where the Director General or any officer duly authorized has reason to believe that any soil may be polluted, he may direct in writing the polluter responsible for the contamination to perform an initial assessment on the identified site.

(2) In the case where the initial assessment report under subregulation (1) shows that potential contamination may be present on the identified site, the polluter must perform a detailed assessment. The detailed assessment shall be performed within a period of 60 days from the date of the initial assessment report submitted to the Director General.

(3) The initial assessment and detailed assessment shall be performed in accordance with the „Contaminated Land Management and Control Guidelines No. 2: Assessing and Reporting Contaminated Sites‟

Regulation 7 - Responsibility to Perform Initial and

Detailed Assessment



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8. (1) If a detailed assessment report of a site shows that contamination are detected at concentrations higher than the Site Screening Levels, the polluter shall perform a risk assessment in accordance with the „Contaminated Land Management and Control Guidelines No. 2: Assessing and Reporting Contaminated Sites‟.

(2) The Director General or any authorised officer is authorised to impose restriction on the use of a contaminated site as well as its surroundings, in the event that a risk assessment of the site shows that such site use restriction is required to reduce the risk of exposure to human health and environment.

Regulation 8 - Responsibility to Perform Risk Assessment



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9. (1) The polluter, after having performed an initial assessment, detailed assessment or risk assessment, are required to furnish the Director General on report within 30 days upon receipt of the assessment report from the registered consultant.

(2) The Director General or authorised officer has the authority to request for any information deemed relevant to obtain a better understanding of the soil and groundwater condition of a site from any person as specified above.

Regulation 9 - Responsibility to Provide Information to the

Department of Environment



Note: The initial assessment / detailed assessment / risk assessmentshall be submitted to DG within 30 days after completion of thereport prepared by registered consultants.

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10. The polluter shall carry out remediation on any of the following land:

(a) Site which the detailed assessment report shows that the soil and groundwater concentrations are detected above the Site Screening Levels; or

(b) Site that is concluded to pose unacceptable risk to human health and the environment based on the findings of risk assessment performed in accordance with the „Contaminated Land Management and Control Guidelines No. 2: Assessing and Reporting of Contaminated Sites‟.

Regulation 10 - Responsibility to Remediate Pollution of

the Soil



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11. (1) The Remediation Action Plan shall be prepared in accordancewith the „Contaminated Land Management and Control Guidelines No. 3:Remediation of Contaminated Sites‟ and submit to the Director Generalfor approval before any remediation action is carried out.

(2) The polluter who is performing the site remediation shall submitin writing to the Director General a periodic update on progress of theremediation actions in accordance with the Contaminated LandManagement and Control Guidelines No. 3: Remediation of ContaminatedSites.

(3) Closure report shall be prepared in accordance with theContaminated Land Management and Control Guidelines No. 3:Remediation of Contaminated Sites and shall submit to the DirectorGeneral for approval.



Regulation 11 - Remediation Action Plan

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12. A person must not use or dispose contaminated soil orcontaminated water from a contaminated site without priorapproval of the Director General.

Regulation 12 - Management of Contaminated Soil and

Abstracted Contaminated Groundwater



Note: Disposal of contaminated soil and contaminated water off site from the

premises need to follow the procedure of Environmental Quality

(Scheduled Wastes) Regulations 2005.

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13. (1)For the purpose of carrying out an initial assessment ordetailed assessments or risk assessment shall be performed by aregistered consultant.

(2) Notwithstanding subregulation (1), the registeredconsultant shall be registered in accordance with theContaminated Land Management and Control Guidelines No. 1:Malaysian Recommended Site Screening Levels for ContaminatedLand.

Regulation 13 - Registered Consultant



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14. (1)Every offence which consists of any omission or neglect to comply with, or any act done or attempted to be done contrary to these Regulations may be compounded under Section 45 of the Act.

(2) The compounding of offences referred to in subregulation(1) shall be in accordance with the procedure prescribed in the Environmental Quality (Compounding of Offences) Rules 19781.


Regulation 14 - Compounding of Offences

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15. Any person who contravenes regulations 6, 7, 8, 9, 10, 11,12, 13, and 14, shall be guilty of an offence and shall be liable toa fine not exceeding one hundred thousand ringgit or toimprisonment for a period of not exceeding five years or both andto a further fine not exceeding one thousand ringgit a day forevery day that the offence is continued after a notice by theDirector General requiring him to cease the act specified thereinhas been served upon him.

Regulation 15 - General Penalty

IMPACT / STAKEHOLDERS

RESPONSIBILITY

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Determine if there is any presence of subsurfacecontamination in their land.

Determine if there is any unacceptable human health and ecologicalrisk

Propose a remediation action plan (RAP), implement, construct,operate and maintain appropriate remediation actions in order toaddress the risk arises from the presence of the identified subsurfacecontamination

In the event if the current land owner(s) confirmed through properlyconducted environmental site assessment, that the subsurfacecontamination is not caused by its current or historical onsite operation,it is the responsibility of the land owner(s) to identify the polluter(s) whowill be directly responsible for the subsequent remediation actions to beimplemented at the subject land property

IMPACT / STAKEHOLDERS

RESPONSIBILITY (CONTINUE)

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For land properties which are not identified with any potentialsubsurface contamination during the initial assessment, it isrecommended to conduct minimum baseline environmental siteassessment to establish the background level of subsurface soil andgroundwater quality for future reference, this is especially applicable forland properties that will be used for activities of polluting industries.

Land Transaction - It is the duty of the seller or owner of a land propertyto disclose all soil and groundwater information related to the subjectland / It is the responsibility of the buyer of a land property to performsoil and groundwater assessment as part of the due diligence processprior to the transaction.

SEKIAN, TERIMA KASIH

WORKSHOP ON CONTAMINATED LAND MANAGEMENT IN MALAYSIA

Tarikh: 07 December 2015 (Monday)

Tempat: Auditorium EiMAS

Ijan Khushaida Binti Mohd Jan

e-mail: [email protected]

Tel: 03-8871 2137

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