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Government Regulation No. 12, 1995

Original Language Title: Peraturan Pemerintah Nomor 12 Tahun 1995

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 24, 1995 (Explanation in Additional State Sheet Republic Indonesia Number 3595)

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 12 YEAR 1995
ABOUT
GOVERNMENT REGULATION CHANGE NUMBER 19 IN 1994
ABOUT THE WASTE MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the waste of hazardous and toxic materials must be well managed so that it does not pose a risk of harm to the environment and human health;
., b. that in the management of hazardous and toxic materials the waste needs to consider the hazardous utilization technologies of hazardous and toxic materials;
., c. that with technological development can be reduced the amount, danger and/or toxicity of hazardous and toxic waste materials, as well as the efforts of waste management of hazardous and toxic materials, by utilizing such technologies could also impact positive towards the development of the economic and environmental sectors;
., d. that in connection with the above, it is considered necessary to fine-tune the Government Regulation No. 19 of 1994 on the Hazardous Waste Management of the Materials and Poisoning;

.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945;
., 2. Law No. 4 of 1982 on the provisions of the Environmental Management of the Living Environment (1982 State Sheet Number 12, Extra State Sheet Number 3215);
., 3. Law No. 5 Year 1984 on Industry (State Sheet 1984 Number 22, Additional Sheet States Number 3274);
., 4. Government Regulation No. 19 of 1994 on Hazardous Waste Management Of Hazardous And Toxic Materials (1994 State Sheet Number 26, Extra State Sheet Number 3551);

DECIDED:

.,, establish: REGULATIONS OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ON THE CHANGE OF GOVERNMENT REGULATION NUMBER 19 OF 1994 ON THE MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS WASTE.

Section 1
Change the provisions of Section 1, Section 6, Section 9, Article 12, Section 21, Section 25, Section 25, Section 27, Section 30, Section 31, Section 31, Section 35, and Section 36 of the Government Regulation No. 19 of 1994 on Hazardous Waste Management and Poisoning, as following:

1. The provisions of Article 1 are changed so that the whole reads:
.,,
" Article 1
In this Government Regulation referred to by:
1. Limbah is the remainder ingredient on an activity and/or production process.
., 2. Hazardous and Toxic Materials Waste, abbreviated Limbah B3, is any waste that contains hazardous and/or toxic materials due to its nature and/or its concentration and/or its amount, either directly or indirectly may damage and/or defame the environment and/or may harm human health.
., 3. Waste management of B3 is a suite of activities that includes storage, collection, transport, utilization, waste processing of B3 including stockpiling of such processing.
., 4. Waste producing B3 is an enterprise that produces B3 waste and stores while the waste is in the location of its activities before the B3 waste is handed over to the B3 waste collector or waste processor.
. .5. Waste waste B3 is a body of enterprise that performs the utilization activities of the B3 waste.
., 6. Utilization of B3 waste is a process, recycling and/or reacquisition and/or reuse, which converts B3 waste into a product that has an economic value.
., 7. The B3 waste collector is an enterprise that performs the B3 waste collection activities from the manufacturer and the waste waste of B3 with the intention of storing for a while before being given to the B3 waste processor.
., 8. The B3 waste processor is an enterprise that operates a means of processing B3 waste processing including the final hoarding of its rejection.
., 9. Waste processing of B3 is a process for changing the characteristics and composition of the B3 waste into harmless and/or non-toxic.
., 10. The B3 waste transport is an enterprise that performs the B3 waste transport activities.
., 11. B3 waste transport is a process of transfer of B3 waste from the manufacturer to the sweetener and/or to the collector and/or to the B3 waste processor including to the final stockpile by using the carrier. "

2. The provisions of Article 6 are changed so the whole reads:

.,
" Article 6
(1) The B3 waste result is required to perform the B3 waste treatment.
.,, (2) The B3 waste result may hand over the B3 waste it produces to the waste B3 waste sweetener that has already had a permit.
.,, (3) B3 waste yield not capable of processing B3 waste treatment, whereas such waste is not reusable, hence the B3 waste production is obliged to hand over the B3 waste it produces to the processor. waste B3.
.,, (4) If waste processing as referred to in paragraph (3) is not yet available or inadequate to process waste B3, the B3 waste treatment remains the liability and responsibility of the corresponding B3 waste waste and waste.
.,, (5) The redness of waste B3 by waste producing B3 as referred to in verse (3) can do directly to the waste processor B3 or via the B3 waste collector.
.,, (6) The mandatory B3 waste collector gives up the B3 waste which is received from the manufacturer and sweetener waste B3 to the B3 waste processor.
.,, (7) The B3 waste collector is prohibited from performing any collection activities if waste processing of B3 is not available, except with the Chief Environmental Impact Control Agency's permission.
.,, (8) The applicable provisions for waste producing B3 apply to waste B3 waste sweeteners.
.,, (9) The results and sweeteners of B3 waste can act as a waste processing of B3.
.,, (10) If the producing and monitoring of waste B3 also acts as a waste processor of B3, then the provisions as referred to in Chapter III of the Processing apply to him. "

3. The provisions of Article 9 are changed so that the whole reads:
.,,
" Article 9
(1) The B3 waste result is required to create and store records about:
., a., a. type, characteristic, amount and time in which waste B3 waste;
B. type, characteristic, amount and time of the submission of B3 waste;
., c. the name of the B3 waste carrier carrying out the shipment to the B3 waste collector or waste processor.
.,, (2) the B3 waste product is required to deliver a note as referred to in paragraph (1) at least once in six months to the Head of the Environmental Impact Control Board with a gust to the Chief of Warranted Pembina and the Governor The head of the Grade I County is concerned.
(3) The notes as referred to in paragraph (1) are used for:
., a., a. Inventory amounts of B3 waste amount generated;
., b. as an evaluation material in order to establish the B3 waste management policy. "

4. The provisions of Article 12 are changed so the whole reads:
.,,
" Article 12
(1) The B3 waste collector must make a note about:
.,
., a., a. type, characteristic, waste amount of B3 and the time of the receiving waste of B3 from waste producing B3;
., b. type, characteristic, amount, and time of submission of B3 waste to waste B3 processing;
.,, c. the name of the B3 waste carrier carrying out the shipment to the collector and to the waste processor B3 (2) the B3 waste collector must pass the note as referred to in paragraph (1) at least once in six months to Head of the Environmental Impact Control Agency by busan to the Governor of the Regional Head I concerned. "

5. The provisions of Article 21 are changed so the whole reads:
.,,
" Article 21
(1) Any business entity that performs activities:
.,
., a., a. collection and/or waste processing of B3 must have the permission of the Head of the Environmental Impact Control Agency;
., b. The B3 waste transport must have the permission of the Minister of Transportation after the recommendation of the head of the Environmental Impact Control Agency;
.,, c. utilization of waste B3 is mandatory with the permission of the Concerned Buyer of Pembina concerned, after receiving a recommendation from the head of the Environmental Impact Control Agency.
., (2) The terms of how to obtain permissions as specified in paragraph (1) letter a specified by the Chief Environmental Impact Control Board, paragraph (1) letter b set by the Minister of Transportation, and the paragraph (1) of the letter c is set by The leadership of the Pembina Agencies is concerned.
.,, (3) Integrated B3 waste processing activities with mandatory principal activities obtained the recommendation of the B3 waste processing and waste storage operation issued by the Environmental Impact Control Board and performed accordingly. provisions of this Government Regulation.
.,, (4) The requirement for obtaining a permit as referred to in paragraph (1) letter a and paragraph (2) is as follows:
.,
., a., a. have an established acte as a legal body-shaped entity, which has been authorized by the authorized instance;
B. name and address of the business entity pleading for permission;
c. activities performed;
D. location of the activity place;
e. name and address of the event responsible for activities;
f. raw materials and activities processes used;
G. Waste processing tool specification;
h. the amount and characteristic of the B3 waste collected, transported or processed;
., i. the layout of waste channels, sewage treatment, and shelter while waste B3 before processing and place of hoarding after being treated;
., j. Pollution prevention tools for liquid waste, emissions, and waste processing of B3. "

6. The provisions of Article 25 are changed so the whole reads:
.,,
" Section 25
.,, (1) If the producing and monitoring of B3 waste also acts as a waste B3 processor and its rejection location is the same as its main activity location, then analysis of the environmental impacts for waste processing activities B3 is made integrated with analysis of the environmental impact for its primary activities.
., (2) If the processing of B3 waste is done by the manufacturer and the waste of B3 waste at the site of its main activity, then only the environmental management plan and environmental monitoring plan has been approved by the Pembina Instancy in question which is submitted to the Head of the Environmental Impact Control Board together with the request of a recommendation as referred to in Article 21 of the paragraph (3).
., (3) The decision regarding the recommendation request as referred to in paragraph (2) is provided by the Head of the Environmental Impact Control Board no later than 30 (thirty) days from the receipt of the environment management plan and environment monitoring plans that have been approved by the Pembina Instancy in question.
., (4) Those terms and obligations in the environmental management plan and the environmental monitoring plan as referred to in paragraph (2) constitute an inseparable part of the recommendation as referred to in Article 21 of the paragraph (3). "

7. The provisions of Article 26 are changed so that the whole reads:

.,
" Article 26
.,, (1) If the producing and monitoring of B3 waste also acts as a waste B3 processor and its rejection location is different from the location of its main activities, then against the B3 waste processing activities applicable to the processing of the B3. B3 waste in this Government Regulation.
.,, (2) For the purpose of utilization of waste B3 is mandatory for analysis of environmental impacts.
., (3) The analysis documents on the environmental impact are submitted to the Head of the Environmental Impact Control Board, and the approval of the document is provided by the Chief Environmental Impact Control Agency.
., (4) the terms and obligations set forth in the environmental management plan and environmental monitoring plan as approved by the Chief Environmental Impact Control Board be the terms and obligations that must be included in the and therefore to be an inseparable part of the permit as referred to in Article 21 of the paragraph (1) letter a. "

8 The provisions of Article 27 are changed so the whole reads:

.,
" Section 27
.,, (1) The import of B3 waste is prohibited, unless required for the addition of the lack of raw materials as part of the implementation of the B3 waste utilization effort.
.,, (2) The transport of B3 waste from abroad through the State of the Republic of Indonesia, it is mandatory to be notified in writing to the Government of the Republic of Indonesia.
.,, (3) Shipping of B3 waste to overseas can be carried out after obtaining written consent from the recipient country government and obtaining written permission from the Government of the Republic of Indonesia.
., (4) Further provisions on the tata niaga waste of B3 are set by the Minister of Commerce after receiving consideration of the Minister of Industry and Head of the Environmental Impact Control Agency. "

9. The provisions of Article 30 are changed so the whole reads:

.,
" Section 30
.,, (1) The B3 waste management oversight is conducted by the Environmental Impact Control Board with regard to Section 7.
., (2) Oversight as referred to in paragraph (1) includes monitoring of the requirements of the requirements and technical and administrative provisions by the manufacturer, monitoring, collecting, processing including the B3 waste hoarder.
.,, (3) The implementation of the B3 waste management supervision in the area is carried out according to the layout set by the Chief Environmental Impact Control Agency.
.,, (4) The supervision of the transport of B3 waste is carried out by and according to the layout set by the Minister of Transportation. "

10. The provisions of Article 31 are changed so the whole reads:

.,
" Section 31
.,, (1) the Regents in carrying out B3 waste management oversight as referred to in Section 30 of the paragraph (1) are supplemented by an identification and a duty letter issued by the Chief Environmental Impact Control Board.
(2) The supervisor as referred to in paragraph (1) is authorized:
.,
., a., a. entering the areal location of producing, utilization, collection, processing including the final waste of B3 waste;
B. taking sample waste B3 to be examined in the laboratory;
.,, c. requested information relating to the implementation of the B3 waste management;
D. doing a photo shoot as the completion of the surveillance report. "

11. The provisions of Article 35 are changed so the whole reads:
.,,
" Section 35
.,, (1) The results, sweeteners, carriers, and waste waste B3 are responsible for the accident and environmental pollution due to the release or spill of the B3 waste which is its responsibility.
., (2) Further provisions on the countermeasures of accidents and contamination as referred to in paragraph (1) are set forth by the Chief Environmental Impact Control Agency. "

12. The provisions of Article 36 are changed so the whole reads:

.,
" Section 36
.,, (1) The results, sweeteners, collectors, porters, and waste B3 waste are required to immediately mitigate the environmental pollution or damage due to its activities.
., (2) If the manufacturer, the sweetener, the collector, the carrier, and the B3 waste processor do not perform the countermeasures as referred to in paragraph (1), or overcome but not as it should be, then the head of the Impact Control Board The environment or third party at the request of the head of the Environmental Impact Control Agency may conduct countermeasures at the cost of which the manufacturer is charged, and/or a sweetener, and/or a collector, and/or a carrier, and/or waste processor B3 the pertinate. "

Section II
This Government Regulation shall come into effect on the date of the promulctest.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on May 2, 1995
PRESIDENT OF THE REPUBLIC OF INDONESIA

SUHARTO
Promulgated in Jakarta
on May 2, 1995
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA

MOERDIONO


ADDITIONAL
STATE SHEET RI

No. 3595 (explanation Of State Sheet 1995 Number 24)

EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 12 YEAR 1995
ABOUT
GOVERNMENT REGULATION CHANGE
NUMBER 19 1994 ABOUT
WASTE MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS

UMUM

., globally it can be globally observed to have developed an environmental management technology that can reduce the amount, danger and/or toxic power of B3 waste. This environment management technology needs to leverage the efforts of managing B3 waste, so that B3 waste can be controlled. The utilization of this environment management technology should be able to encourage the development and application of clean technologies, so it can reduce the amount of waste produced by a process.
.,, the lack of a process waste in turn will reduce the cost of sewage treatment.
.,, the B3 waste heating, which includes the reuse of (recycling), reuse of (recovery) and the reuse of (reuse) is an important chain eye in waste management of B3. Using B3 waste utilization technology on one side can be reduced by B3, so that the B3 waste processing costs may also be repressed, and on the other hand it will be able to improve the use of raw materials.
.,, this in turn will reduce the speed of the anointing of natural resources.

SECTION BY SECTION

Section I
.,, Figure 1
.,, pretty clear
Number 2
.,, Section 6
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Verse (7)
., referred to as "B3 waste processor not available" is a waste processing of B3 whose activities are located in the same area as the location of the producing activities and/or the waste B3 waste, resulting in better waste B3 waste. The producing and/or waste of the B3 waste is collected first by the B3 waste collector.
Verse (8)
.,, the B3 waste utilization activity will result in waste B3 that has the risk of harm to the human environment and health if it is not well managed.
Therefore the utilization of waste B3 must also comply with the provisions applicable to waste producing B3.
Verse (9)
.,, pretty clear
Verse (10)
.,, pretty clear

Figure 3
.,, Section 9
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear

Figure 4
.,, Section 12
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Number 5
.,, Section 21
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Figure 6
.,, Section 25
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Figure 7
.,, Article 26
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Figure 8
.,, Article 27
.,, Verse (1)
.,, the reality shows that this adult exists in an industry that uses B3 waste as a raw material. Among the raw materials are from within the country, while the drawback is imported.
The "addition of lack of raw material" here is that these imported B3 waste materials are simply to achieve economic feasibility to perform utilization. Nevertheless, it needs to be taken steps to at a certain moment stop the import of B3 waste.
This means that at the time determined the utilization of waste B3 was solely to use waste B3 as a raw material originating from within the country.
Verse (2)
.,, pretty clear
Verse (3)
.,, Export waste B3 can only be implemented if there is a written statement from the authorized instance of the B3 waste export destination that in the country has a viable B3 waste processing facility so it does not inflict the risk of danger to the human environment and human health.
Verse (4)
.,, Perconsideration of the Minister of Industry concerns matters relating to the volume of the need for adding a shortage of raw materials to the B3 waste which needs to be imported.
The consideration of the Head of Environmental Impact Control Agency concerns matters related to negative impact control that may arise from the import activities and utilization of the B3 waste.
Those considerations are above, delivered to the Minister of Commerce one time a year.
The one that can import waste B3 is merely a manufacturer importer and the number does not exceed its production capacity in a single year.

Figure 9
.,, Section 30
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Figure 10
.,, Section 31
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Figure 11
.,, Section 35
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Number 12
.,, Section 36
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Section II
.,, pretty clear.