Regional Regulation Number 3 Of 2009

Original Language Title: Peraturan Daerah Nomor 3 Tahun 2009

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The TERMS OF REFERENCE of the REGIONAL GAZETTE 1 GARUT LD. 3 2009 AREAS REGULATIONS R GARUT number 3 in 2009 ABOUT the HEALTH of the ENVIRONMENT by the GRACE of GOD ALMIGHTY the REGENT of GARUT, Considering: a. that the environment that God Almighty is the gift and grace of his mandatory preserved and developed its capabilities so that it can remain a source and supporting life for human beings and other living beings for the sake of survival and improved quality of life; http://www.bphn.go.id/LD. 3 2009 No. 3 2 b. that to create a healthy environment that has a positive influence to the improvement of the degree of optimal health for people, to do environmental management integrated with attention to the wisdom of the Setup, the utilization, development, maintenance, recovery, monitoring and control of the environment; c. that based on considerations as referred to in letter a and letter b, need to set local regulations Garut about environmental health. Remember: 1. A law of disorder (Hinder Ordonantie, Staatsblad 1940:450); 2. Act No. 14 of 1950 on the establishment of County areas In West Java Environment (State news in 1950); 3. Act No. 4 of 1992 on Housing and settlements (State Gazette of the Republic of Indonesia Number 23 in 1992, an additional Sheet of the Republic of Indonesia Number 3469); 4. Act No. 23 of 1992 on health (State Gazette of the Republic of Indonesia Number 100 in 1992, an additional Sheet of the Republic of Indonesia Number 3495); 5. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 99 in 1996, an additional Sheet of the Republic of Indonesia Number 3656); http://www.bphn.go.id/LD. 3 2009 No. 3 3 6. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821); 7. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, an additional Sheet of the Republic of Indonesia Number 3674); 8. Act No. 27 of 1999 regarding the analysis Regarding the environmental impact (State Gazette of the Republic of Indonesia Number 59 in 1999, an additional Sheet of the Republic of Indonesia Number 3838); 9. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 10. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as has been modified several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); http://www.bphn.go.id/LD. 3 2009 No. 3 4 11. Act No. 18 of 2008 on waste management (State Gazette of the Republic of Indonesia Number 69 in 2008, an additional Sheet of the Republic of Indonesia Number 4851); 12. Government Regulation Number 39 in 1995 on Health Research and development (State Gazette of the Republic of Indonesia Number 67 in 1995, an additional Sheet of the Republic of Indonesia Number 3609); 13. Government Regulation number 18 in 1999 about the management of hazardous materials and Toxic Waste (Gazette of the Republic of Indonesia Number 31 of 1999, an additional Sheet of the Republic of Indonesia Number 3815) as amended by the Government Regulation Number 85 in 1999 about the changes to the Government Regulation number 18 in 1999 about the management of hazardous materials and Toxic Waste (Gazette of the Republic of Indonesia year 1999 Number 190 Additional Sheets, the Republic of Indonesia Number 3910); 14. Government Regulation Number 41 in 1999 on control of air pollution (Gazette of the Republic of Indonesia Number 86 in 1999, an additional Sheet of the Republic of Indonesia Number 3853); 15. Government Regulation Number 74 in 2001 about the management of hazardous materials and toxic (Gazette of the Republic of Indonesia Number 138 in 2001, an additional Sheet of the Republic of Indonesia Number 4153); 16. Government Regulation Number 82 in 2001 about water quality Management and control of water pollution (State Gazette of the Republic of Indonesia Number 153 in 2001, an additional Sheet of the Republic of Indonesia Number 4161); http://www.bphn.go.id/LD. 3 2009 No. 3 5 17. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 18. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance, local governance Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 19. Applicable local Garut number 8 in 2005 about Conducting transportation (Gazette area of Garut 2005 number 16); 20. Applicable local Garut number 4 in 2006 about the guidelines of the formation of Regional Regulations (Gazette area of Garut 2006 number 7), as amended by Regional Regulation Garut number 11 Year 2008 about Bylaw changes to the area of Garut number 4 in 2006 about the guidelines of the formation of Regional Regulations (Gazette area of Garut in 2008 number 22); 21. Applicable local Garut number 14 in 2008 about the Government Affairs area of Garut (Garut Region Gazette year 2008 Number 27); 22. Applicable local Garut Number 23 in 2008 about the formation and Organization of the Regional Office of Garut (Garut Region Gazette year 2008 Number 39); http://www.bphn.go.id/LD. 3 2009 No. 3 6 23. Applicable local Garut Number 24 in 2008 about the formation and Organization of technical Institutions and regional Inspectorates Garut (Garut Region Gazette year 2008 Number 40). With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared GARUT and REGENT of GARUT DECIDED: setting: LOCAL REGULATIONS ABOUT ENVIRONMENTAL HEALTH. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area is meant by: 1. The area is Garut. 2. Local Government is the Regent and the region as organizer of local governance. 3. The Regent was Regent of Garut. 4. The device is an element in the Government of Regent helpers area, which consists of regional secretariat, the Secretariat of the PARLIAMENT, Office of the regional technical institutions, regions, districts and subdistricts. 5. The head of a work unit of the device Area, hereinafter abbreviated as head of the SEGWAY is the leader of the region element to associate devices of Regent in local governance. http://www.bphn.go.id/LD. 3 2009 No. 3 7 6. People are those individuals and/or groups of persons and/or legal entities. 7. Health is a State of well-being of the body, the soul and social allows everyone to live a socially and economically productive. 8. Environmental health is the State in which a healthy environment quality realization. 9. The quality of a healthy environment is the State of the environment from the risks that endanger the health and safety of human life. 10. Health Efforts are any activities to maintain and improve the health of which is done by the Government, private and or public. 11. The environment was the unity spaces with all objects, resources, circumstances and living creatures, including humans and behavior that affect the survival and prosperity of perikehidupan humans and other living beings. 12. Environmental Pollution is the inclusion or inclusion of any living being, substance, and/or other components into the environment by human activities so that the quality is going down to the level of a particular cause of environment may not work in accordance with the allocation. 13. Water is all the water on, above or below ground level, including in the sense of this surface water, groundwater, rain water and sea water are at sea. 14. The source of water is the water containers found above and below the surface of the ground, including in the sense of these aquifers, springs, rivers, swamps, lakes, reservoirs and estuaries. 15. water Class is ranked the quality of water which is judged still eligible for the benefit of certain provisions. 16. Drinking water is water quality eligible health and can immediately be drunk. http://www.bphn.go.id/


LD. 3 2009 No. 3 8 17. Clean water is the water that is used for the purposes of the everyday quality of qualified health and can be drunk when it has been cooked. 18. The water of the pool is the water in the pool used for the sport of swimming and the quality of the health requirements. 19. public bath Water is water that is used in place of a public bath not including baths for the treatment of traditional and quality of the pool of qualified health. 20. The management of water resources is an effort to plan, implement, monitor and evaluate the conduct of the conservation of water resources, efficient use of water resources and water-damaged power control. 21. The efficient use of water resources is a penatagunaan effort, the provision, use, development and water resources section managed optimally to succeed to and Sepik. 22. Air pollution is the inclusion or the inclusion of energy substances and/or other components into the ambient air by human activities, so that the ambient air quality down to the level of a certain ambient air which causes can not meet its function. 23. Air Pollution Control is prevention efforts and/or tackling air pollution and the restoration of the quality of the air. 24. Ambient Air is the air at the Earth's surface on a layer of trofosfer residing in the jurisdiction of the Republic of Indonesia needed and affect human health, living creatures and other environmental elements. 25. Quality of ambient air is of substance, energy levels and/or other components that are in the air. 26. The Status of air quality ambient air quality state is somewhere at the time conducted an inventory. http://www.bphn.go.id/LD. 3 2009 No. 3 9 27. Ambient air quality is raw size limits or levels of substances, energy and/or existing components or that there should be and/or the polluters tolerated its existence in the ambient air. 28. Emissions are substances, energy and/or other components resulting from an activity which enter and/or inclusion into the ambient air that have and/or have no potential as polluters. 29. The quality of Emissions are the emissions that can be thrown by an activity to the ambient air. 30. The raw quality of the emission sources are not moving is the maximum permissible emissions put into the environment. 31. Standard Air Polluters Index (ISPU) is a number that does not have units that describe the ambient air quality conditions at a particular location and time based on the impact on human health, aesthetic value and other living beings. 32. the motor vehicle is a vehicle that's been manufactured, assembled or imported and already operate on the streets of the territory of the Republic of Indonesia. 33. Waste is the remains of a business and/or activities. 34. Solid waste is waste in solid form generated by the activities of business and industry or dumped into the environment and can lower the quality of the environment. 35. Liquid waste is waste in liquid form that is generated by the activities of business and industry or dumped into the environment and can lower the quality of the environment. 36. The waste gas is in the form of waste gas generated by the activities of business and industry or dumped into the environment and can lower the quality of the environment. http://www.bphn.go.id/LD. 3 2009 No. 3 10 37. Hazardous materials and toxic waste, hereinafter abbreviated B3 are the remains of a business and/or containing harmful substances and/or toxic because of the nature and/or concentration and/or amount, either directly or indirectly, can contaminate and/or harm the environment, and/or may harm the environment, health care, the survival of humans and other living beings. 38. B3 waste processing is the process to change the characteristics and composition of the waste B3 to eliminate and/or reduce the harmful nature and/or the nature of the poison. 39. The landfill waste B3 is an activity puts waste landfill facilities on a B3 with the intent not to harm human health and the environment. 40. B3 waste Storage is the storage of waste activities undertaken by the producer B3 and/or collecting and/or processing and/or users and/or waste penimbun B3 with the intention of temporary storage. 41. collection of waste is the waste collecting activities B3 B3 of the waste-producing B3 with the intention of saving while before handed over to users and/or processing and/or waste penimbun B3. 42. waste utilization of B3 is an activity retrieval (recover) and/or reuse reuse and/or recycling (recycle) that aims to transform the waste into a product that B3 can be used and must also be safe for the environment human health. 43. The radiation is the emission of energy is removed from the materials or radiation. 44. Ionizing radiation is electromagnetic waves and charged particle because the energy is able to ionize the media path. 45. the non ionizing Radiation is electromagnetic waves have a wavelength greater than 100 (one hundred) nanometers with very low energy, so it cannot ionize the media path. http://www.bphn.go.id/LD. 3 2009 No. 3 11 46. Security impact of radiation is protective of public health from the effects of radiation through promotion and the prevention of the risk or danger of radiation through monitoring activities, investigation and mitigation at source, the media environment, and humans are exposed to materials or tools that contain radiation. 47. Noise is unwanted sound from the venture or activity within a certain time and levels that can cause human health problems and environmental comfort. 48. Vector Control is the control measures to reduce or eliminate the interference by animal carriers of the disease, such as insects (mosquitoes of malaria and dengue mosquitoes) and rodents (rodents). 49. Land is one of the components of the land in the form of the top layer of the Earth's crust which consists of minerals and organic matter and physical properties, chemistry, biology, and has the ability to support human life and other living beings. 50. the quality of the soil is a soil's ability to function in a variety of limits of the ecosystem to support biological productivity, maintaining the quality of the environment and improve the health of plants, animals and humans. 51. oversight is observations on an ongoing basis on the development of activities/actions and circumstances that there is a follow-up of efforts after the examination. 52. The inspection was seen and witnessed firsthand in place, as well as measure of circumstances or actions/activities that are performed as well as provide clues/suggestions of improvement. 53. The assessment was compare the results obtained in the examination with standards/requirements set out. http://www.bphn.go.id/LD. 3 2009 No. 3 12 CHAPTER II PRINCIPLES and OBJECTIVES article 2 (1) environmental health in Garut organized based on sustainable principles and benefits. (2) environmental health was held with the aim to realize an optimal public health degrees, which can be done among others through improved supervision, control and construction of sanitary environment, good for the environment as well as place the shape or form of substantifnya which consists of physical, chemical or biological including behavior change. CHAPTER III SCOPE of ENVIRONMENTAL HEALTH article 3 (1) Conducting environmental health includes: a. Bank water; b. Bank; c. security of solid waste, waste gas and waste liquid; d. radiation safeguards; e. safeguards noise; f. control of disease vectors; and g. the Bank or other safeguards. (2) Conducting environmental health as referred to in paragraph (1) was carried out against: a. public places, such as the means of worship, hotels, terminals, markets, stores, movie theaters, including the management of food and beverage and similar efforts; http://www.bphn.go.id/LD. 3 2009 No. 3 13 b. environmental settlements, such as the home, dorm or the like; c. work environments, such as offices, industrial centers, health facilities or the like; d. public transportation vehicles, including land, sea and air that was used for the public; and e. other environment, namely the environment that is special, as the environment is in a State of emergency, disaster, displacement of the population, the reactor or a place that is special. CHAPTER IV COMMUNITY BASED WATER article 4 (1) of the Bank of the water as stipulated in article 3 paragraph (1) letter a covering security and water quality assignment for a variety of needs and human life. (2) determination of water quality and Security referred to in subsection (1) is manifested in the form of: a. water quality management; and b. the control of water pollution. The first part of the management of the water quality of article 5 (1) the management of water quality were conducted to ensure the desired water quality according to the allocation in natural conditions. (2) local Governments conduct water quality management policy: a. through the efficient use of water; http://www.bphn.go.id/


LD. 3 2009 No. 3 14 b. determination of classes of water; and c. the supervision of water quality. Article 6 (1) in planning for the efficient use of water referred to in article 5 paragraph (2) letter a, the local government is obligated to pay attention to the function of the economic and ecological functions, religious values and customs that live in the local community. (2) Plan utilization of water referred to in subsection (1) include the potential utilization or water use, water backup based on availability, good quality as well as quantity and/or ecological function. Article 7 determination of classes of water referred to in article 5 paragraph (2) letter b are defined based on the results of the study conducted by local government based on its compliance with the applicable legislation. Article 8 (1) water quality Supervision as referred to in article 5 paragraph (2) Letter c done to drinking water, clean water, water pools and water public baths. (2) quality of drinking water, clean water, water pools and water public baths as referred to in paragraph (1) should be qualified health, which includes requirements for the microbiological, physical, chemical and radioactive in accordance with legislation. http://www.bphn.go.id/LD. 3 2009 No. 3 15 water pollution Control the second part of article 9 (1) local government controlling water pollution in water sources, to guarantee the quality of the water to match the quality of the raw water through the efforts of prevention and mitigation of water pollution and the restoration of water quality. (2) the control referred to in subsection (1) are implemented in the form of: a. set the capacity load of pollution; b. do an inventory and identification of the source of contaminant; c. set the requirements for the application of wastewater on soil; d. set the terms of the disposal of waste water into water or the water source; e. monitor the water quality in the water source; and f. monitor other factors cause changes in water quality. Article 10-control water pollution referred to in article 9 is carried out by integrated SEGWAY related. The third part rights and responsibilities in the management of water quality and controlling pollution of the Water Paragraph 1 Community article 11 (1) everyone has the right to the same top quality water that meets health standards. http://www.bphn.go.id/LD. 3 2009 No. 3 16 (2) everyone has the right to obtain information about the status of the quality of water and management of water quality and water pollution control. (3) everyone has the right to participate in the framework of the management of water quality and water pollution control according to applicable legislation. Paragraph 2 obligations of the community and the local governments of article 12 (1) every person is obligated: a. preserving the water quality in the water source, including a source of water that is contained in the protected forest, Springs contained outside the protected forest and soil water in the aquifer; and b. controlling water pollution in water sources outside the terms of the letter a. (2) any person doing business and/or activities shall be obliged to give true and accurate information regarding implementation of the obligation of the management of water quality and water pollution control. Article 13 the regional government is obligated to provide information to the public about the water quality management that meets the standards of health and control of water pollution. Chapter V COMMUNITY BASED AIR articles 14 (1) of the air of the Bank referred to in article 3 paragraph (1) letter b include: a. the protection of ambient air quality; and b. the control of air pollution. http://www.bphn.go.id/LD. 3 2009 No. 3 17 (2) the protection of ambient air quality as referred to in paragraph (1) letter a is based on ambient air quality of raw, ambient air quality status, raw quality of emissions sources is not moving, the threshold of motor vehicle exhaust emissions, raw level threshold of noise nuisance, and Standard Air Polluters Index (ISPU). (3) the control of air pollution referred to in subsection (1) letter b include prevention and countermeasures of the pollution and the restoration of air quality by doing an inventory of air quality ambient, prevention a source of contaminant, whether the source is moving or not moving sources including sources of interference as well as emergency relief. (4) further implementation of the provisions of the protection of ambient air quality and control of air pollution referred to in subsection (2) and paragraph (3) subject to the regulations of the Regent. CHAPTER VI SAFEGUARDS SOLID WASTE, waste GAS and WASTE LIQUID Article 15 local governments to conduct surveillance against security of solid waste, waste gas and waste liquid. Article 16 in order to safeguard against the solid waste, waste gas and waste liquid containing hazardous materials and toxic (B3), the local authorities give permission as follows: a. site license processing and Stockpiling of solid waste, waste gas and waste liquid containing hazardous materials and toxic (B3); and b. the operating permit temporary storage, collection and utilization of solid waste, waste gas and waste liquid containing hazardous materials and toxic (B3). http://www.bphn.go.id/LD. 3 2009 No. 3 18 CHAPTER VII SAFEGUARDS RADIATION article 17 (1) radiation Safeguards as stipulated in article 3 paragraph (1) letter d include safeguarding the impact of ionizing radiation and ionizing radiation non. (2) ionizing radiation as referred to in subsection (1) is caused by radiation: a. particle; b. photons; and c. the natural radiation. (3) non ionizing Radiation as referred to in subsection (1) include the following: a. the electric field and the magnetic radiation of electricity; b. radio waves; and c. the optic radiation. Article 18 local governments made efforts to radiation impacts the security referred to in Article 5 with reference to the General guidelines and guidelines for implementation. CHAPTER VIII SAFEGUARDS NOISE article 19 (1) Safeguards the noise referred to in article 3 paragraph (1) letter e include setting against a threshold noise which can interfere with human health. (2) noise thresholds as referred to in paragraph (1) established in accordance with the provisions of the legislation. http://www.bphn.go.id/LD. 3 2009 No. 3 19 CHAPTER IX CONTROL of VECTOR DISEASES article 20 (1) Vector Control the disease as referred to in article 3 paragraph (1) letter f is control measures to reduce or eliminate the interference by animal carriers of the disease. (2) disease vector control Efforts as intended in paragraph (1) was carried out in tightly integrated with a wide range of efforts in the implementation of the Bank and the principal safeguards the substance to the environment, namely through: a. the Bank water; b. Community spaces and buildings; c. Food Bank; and d. the security of solid waste and liquid waste. (3) in order to control vectors of disease as referred to in paragraph (2) the local government involved the participation of the community. CHAPTER X of the BANK or OTHER SAFEGUARDS of article 21 (1) of the Bank or other security referred to in article 3 paragraph (1) of the letter g is Bank and security surveillance actions in the form of land soil quality. (2) supervision of the quality of the land referred to in subsection (1) include the following: a. the Act of retrieval and delivery of soil samples for examination in physics, chemistry, microbiology and Parasitology; and http://www.bphn.go.id/LD. 3 2009 No. 3 20 b. analysis of the results of pemeriksaaan soil quality. (3) the procedures for supervision of the quality of the land referred to in subsection (2) is subject to further regulation of the Regent. CHAPTER XI SUPERVISION section 22 supervisory Activities against conducting environmental health as mentioned in article 3 paragraph (2) was implemented by SEGWAY wing integrated health, integrated and coordinated. Article 23 (1) Surveillance Activities referred to in Article 22, covers: a. observations field and environmental specimen; b. examination of environmental specimens; c. analysis of the examination results; d. formulation of recommendations; e. certification; and f. follow-up activities. (2) the procedures for supervision of the activities referred to in paragraph (1) are governed further by regulations of the Regent. Article 24 (1) every person in charge of compulsory business: a. be eligible to obtain a certificate of healthy before running businesses; b. perform quality checks the health of the environment periodically in the longest period of 12 (twelve) months; http://www.bphn.go.id/LD. 3 2009 No. 3 21 c. fix and maintain quality health environment based on the results of the checks have been carried out; and d. implementation monitoring. (2) every person in charge of effort are entitled to health surveillance environmental results. CHAPTER XII SANCTIONED by article 25 (1) every person who contravenes the provisions as referred to in article 24 paragraph (1) be penalized while closing the business activities the longest 6 (six) months by first giving an administrative sanction in the form of a written warning at most three (3) times in a row with a grace period of 1 (one) month. (2) the granting of the permit back for everyone who was sentenced to sanctions temporary closure referred to in subsection (1) may be given when in charge of the effort have heeded warnings and made a written agreement to make improvements and implement its obligations addressed to the Regents through the designated officials. (3) every person who does not heed a warning written in the period of time referred to in subsection (1), then the Corporation's response to the lifting of sanctions imposed business license. http://www.bphn.go.id/


LD. 3 2009 No. 3 22 Article 26 (1) temporary closure of business activities and business license revocation as stipulated in article 25 paragraph (1) are performed by the SEGWAY has duties in the field of joint licensing SEGWAY which has duties in the field of security and public order on the recommendation of the results of supervision. (2) in order to ensure the smooth execution of the closure while the business activities and business license revocation as referred to in paragraph (1), the local Government can involve composite element consisting of elements of the Indonesian armed forces and elements of the national police of the Republic of Indonesia. CHAPTER XIII PROVISIONS COVER article 27 implementation of environmental health in a public place, environmental settlements, the work environment, public transport and other environmentally regulated further by Regents and Regulations based on the provisions of the legislation. http://www.bphn.go.id/LD. 3 2009 No. 3 23 Article 28 of the regulation of this area comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations in this Area with its placement in the piece area of Garut. Set in Garut on June 9, 2009 B U P A T R A I G U T, t t d ACENG h. m. KEVIN Enacted in Garut on June 15, 2009 Plt. SECRETARY GARUT, INSPECTOR t t d A N I M A L I R A H M A N AREA of GARUT SHEET in 2009 number 3 http://www.bphn.go.id/