Government Regulation No. 12, 1995

Original Language Title: Peraturan Pemerintah Nomor 12 Tahun 1995

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PP 12-1995 Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 24, 1995 (Additional explanation in the State Gazette of the Republic of Indonesia Number 3595) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA number 12 in 1995 ABOUT the CHANGES the GOVERNMENT REGULATION number 19 in 1994 ABOUT the MANAGEMENT of HAZARDOUS MATERIALS and TOXIC WASTE PRESIDENT REPUBLIC of INDONESIA,.,, Considering: a. that hazardous materials and toxic waste should be managed properly in order not to pose a risk of danger to the environment and human health;
.,, b. that in waste management hazardous materials and toxic waste utilization technology need to consider dangerous and toxic materials;
.,, c. that technological advances can be reduced in number, danger and/or the power of poison waste hazardous materials and toxic waste management efforts, as well as hazardous and toxic materials, utilizing such technology can also positively impact against the construction sector of the economy and the environment;
., d., that with respect to the matters aforesaid, viewed the need to refine the Government Regulation number 19 in 1994 about the management of hazardous materials and Toxic Waste;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of 1945;
., ,2. Act No. 4 of 1982 concerning the provisions of principal environmental management (State Gazette No. 12, in 1982, an additional State Gazette Number 3215);
., ,3. Act No. 5 of 1984 on Industry (State Gazette number 22 in 1984, additional State Gazette Number 3274);
., ,4. Government Regulation number 19 in 1994 about the management of hazardous materials and Toxic Waste (State Gazette number 26 in 1994, additional State Gazette Number 3551);
DECIDED:.,, set: GOVERNMENT REGULATION of the REPUBLIC of INDONESIA ABOUT the CHANGE of the GOVERNMENT REGULATION number 19 in 1994 ABOUT the MANAGEMENT of HAZARDOUS MATERIALS and TOXIC WASTE.
Article I changed the provisions of article 1, article 6, article 9, article 12, article 21, article 25 Article 26 article 27, article 30, article 31, article 35, Article 36, and Government Regulation number 19 in 1994 about the management of hazardous materials and Toxic Waste, as follows: 1. Article 1 is amended so that it reads entirely:.,, "article 1 In this Regulation is the Waste: 1. is the material remaining on an activity and/or production process.
., ,2. The waste hazardous materials and Toxic Waste, abbreviated B3, is any waste containing harmful substances and/or toxic because of the nature and/or concentration and/or amount, either directly or indirectly can be destructive and/or contaminate the environment and/or may harm human health.
., ,3. Waste management is a series of activities that B3 include storage, collection, transportation, processing, utilization of waste including landfill processing result B3.
., ,4. The waste producer B3 is a business entity that produces waste B3 and store the waste in temporary locations before the B3 waste activities submitted to the collecting or processing waste B3.
., ,5. B3 wastes users are business entities that make up the waste utilization B3.
., ,6. Waste utilization of B3 is a process, recycle and/or retrieval and/or reuse, which converts waste B3 into a product that has economic value.
., ,7. Collecting waste B3 is a business entity that performs the activity of collecting waste B3 from the manufacturer and users waste B3 with the intention of saving while before given to waste processing B3.
., ,8. Waste processing B3 is a business entity that operates the sewage treatment facility including the end result of hoarding B3 of processing.
., ,9. Sewage treatment is the process to change the B3 characteristics and composition of the waste is harmless and becomes B3/or not toxic.
., .10. Waste hauler B3 is a business entity that performs the activity of transporting waste B3.
.,, 11. Waste hauling B3 is a process moving waste from the producer to the B3 users and/or to the collecting and/or processing wastes to B3 comprise the place of hoarding the end by using the tool carrier. "

2. The provisions of article 6 is modified so that it entirely goes:.,, "article 6 (1) Producing waste sewage treatment obligatory B3 B3 ..,, (2) the waste Generator B3 can submit the waste it produces B3 to B3 waste users who already have permission.
.,, (3) the waste Generator B3 which is not capable of processing the waste of B3 generated, while the waste can not be utilized again, then the producer of waste the waste handed mandatory B3 B3 it generates waste processing to B3.
.,, (4) When processing the waste referred to in paragraph (3) are not available or are inadequate for processing waste B3, sewage treatment B3 remains the obligation and responsibility of the manufacturer and users waste B3 is concerned.
.,, (5) delivery of waste by waste-producing B3 B3 referred to in subsection (3) can do directly to processing waste through waste-collecting B3 or B3.
.,, (6) waste Collectors waste submit mandatory B3 B3 received from the users and producers of waste to waste processing B3 B3.
.,, (7) Collecting the waste collection activity prohibited conduct B3 in waste processing B3 is not yet available, except with the permission of the head of the Agency for the control of environmental impact.
.,, (8) the provisions that apply to the waste generator B3 applies to users of waste B3.
.,, (9) manufacturer and waste users B3 can act as processing waste B3.
.,, (10) when the manufacturer and users waste B3 also act as processing waste B3, then the provisions referred to in chapter III of Processing valid for her. "

3. The provisions of article 9 were changed so entirely reads:.,, "article 9 (1) the waste Generator B3 is obliged to make and keep a record of:.,, a. type, characteristics, the amount of waste it generates and the time B3;

b. type, characteristics, the amount and timing of delivery of waste B3;., c. waste carrier name B3 who perform delivery to the collecting or processing waste B3.
.,, (2) the waste Generator B3 mandatory convey the record referred to in subsection (1) at least once every six months to the head of the environmental impact Control Agency with copy to the leadership of the Agency and the Governor of the regional head of the builders of the level I is concerned. (3) the records referred to in subsection (1) is used for:.,, a. inventory of the amount of waste generated B3;.,, b. evaluation as material in order of determination of waste management policy B3. "

4. The provisions of article 12 is amended so that it reads entirely:.,, "article 12 (1) Collecting waste B3 is obliged to make a note of:.,,.,, a. type, characteristics, the amount of waste the time of receipt of the waste B3 and B3 of the waste-producing B3;
.,, b. types, characteristics, quantity, and time of the submission of waste to the waste processing B3 B3;
.,, c. waste carrier name B3 which carry out delivery to the collecting and processing waste to B3 (2) Collecting waste B3 mandatory deliver records referred to in subsection (1) at least once every six months to the head of the environmental impact Control Agency with copy to the Governor Heads the regional level I is concerned. "

5. The provisions of article 21 is amended so that it reads entirely:.,, "article 21 (1) every business entity that conducts activities:.,,.,, a. the collection and/or processing of waste B3 is obligated to have the permission of the head of the Agency for the control of environmental impact;
.,, b. waste hauling B3 required to have the permission of the Minister of transport after obtaining a recommendation from the head of the Agency for the control of environmental impact;
., waste utilization, c. B3 required to have permission from the leadership of the Institutions concerned, after the Builder gets a recommendation from the head of the Agency for the control of environmental impact.
.,, (2) the provisions concerning the procedures for obtaining a permit referred to in subsection (1) letter a is assigned by the head of the Agency's environmental impact Control, subsection (1) letter b is defined by the Minister of transport, and paragraph (2) Letter c is defined by the leadership of the Agency concerned to the Builder.
.,, (3) waste treatment Activities B3 integrated with activities of the payer obtain recommendations operations and storage of waste processing tool B3 Control Agency issued by the impact of environment and conducted in accordance with the provisions of this Regulation.
.,, (4) the requirements for obtaining a permit referred to in subsection (1) letter a and subsection (2) is as follows:.,,.,, a. has a statute as a business entity in the form of a legal entity, which has been endorsed by the relevant authorities; b. the name and address of the business entity who request authorization;

c. activities undertaken;

d. the location where activities;

e. the name and address of the person in charge of the activity;

f. activities and processes raw materials used;

g. waste processing tools specification;

h. the number and characteristics of the waste is collected, transported B3 or processed;., i., layout of sewage, sewage treatment, and a temporary shelter before being processed and B3 waste places of hoarding after processed;
., prevention tools, j. pollution for liquid waste, emissions, and waste treatment B3. "

6. The provisions of article 25 is amended so that it reads entirely:.,, "article 25.,, (1) when the manufacturer and users waste B3 also act as processing waste of processing location B3 and the same as the location of its main activities, then the analysis of the environmental impact of waste processing activities for B3 made physically integrated with analysis of environmental impact for its main activities.

.,, (2) If B3 waste processing done by the manufacturer and users of waste at the site of its main activities B3, then only the environmental management plan and an environmental monitoring plan approved by the Agencies concerned, the Builder submitted to environmental impact Control Agency Head along with the petition for the recommendation as referred to in article 9 paragraph (3).
.,, (3) a decision concerning the application of recommendation referred to in subsection (2) is given by the head of the environmental impact Control Agency no later than 30 (thirty) days as of receipt of the management plan since the environment and environmental monitoring plan approved by the builders of the Agencies concerned.
.,, (4) the terms and obligations in the environmental management plan and an environmental monitoring plan referred to in subsection (2) is the part that is an integral part of the recommendation referred to in Article 9 paragraph (3). "

7. The provisions of article 26 amended so that all reads:.,, "article 26.,, (1) when the manufacturer and users waste B3 also act as processing waste of processing location B3 and is different to the location of its main activities, then the waste treatment activity against the B3 applies the provisions regarding the processing of waste in government regulation B3.
.,, (2) for the utilization of waste compulsory B3 created analysis of environmental impact.
.,, (3) analysis of the environmental impact Documents presented to the head of the Agency for the control of environmental impact, and approval of these documents is given by the head of the Agency for the control of environmental impact.
.,, (4) the terms and obligations listed in the environmental management plan and an environmental monitoring plan as approved by the head of the Agency Controlling the environmental impact of a requirement and obligation that should be noted in and therefore become an integral part of the permit as referred to in article 9 paragraph (1) the letter a. "

8 the provisions of article 27 is amended so that it reads entirely:.,, "article 27.,, (1) the import of the waste is prohibited, except the B3 is required for the addition of a shortage of raw materials as part of the implementation efforts of waste utilization of B3.
.,, (2) the waste Hauling B3 from abroad through the territory of the Republic of Indonesia, mandatory notified in advance in writing to the Government of the Republic of Indonesia.
.,, (3) Shipments of waste B3 abroad can be done after obtaining written consent of the Government of the receiving country and getting written permission from the Government of the Republic of Indonesia.
.,, (4) further Provisions regarding the Commerce of the waste established by the Minister of trade B3 after consideration of the Minister of industry and head of the Agency for the control of environmental impact. "

9. The provisions of article 30 is amended so that it reads entirely:.,, "article 30.,, (1) oversight of waste management Control Agency conducted by B3 environmental impact with attention to article 7.
.,, (2) the supervision referred to in subsection (1) include the monitoring of technical provisions, as well as requirements penaatan and administered by producers, users, collectors, including processing of waste penimbun B3.
.,, (3) the implementation of waste management oversight B3 in the area is done according to the governance established by the head of the Agency for the control of environmental impact.
.,, (4) the supervision of the transport of waste B3 done by and according to the governance established by the Minister of transport. "

10. The provisions of article 31 is amended so that it reads entirely:.,, "article 31.,, (1) the supervisor in the performance of waste management oversight B3 as stipulated in article 30 paragraph (1) are fitted and the letter identifier assignment issued by the head of the Agency for the control of environmental impact. (2) the Superintendent referred to in subsection (1) is authorized:.,,.,, a. entering the area of the location of the producing, processing, utilization of the collection, including the final B3 waste landfill; b. sample waste B3 for examination in the laboratory;., c., requesting information related to the implementation of the waste management B3; d. do the photo shoot as the completeness of report control. "

11. The provisions of article 35 is amended so that it reads entirely:.,, "article 35.,, (1) Producers, users, transporters, and processors responsible for B3 waste countermeasures of accidents and environmental pollution due to waste or B3 which became its responsibility.
.,, (2) further Provisions regarding the prevention of accidents and pollution referred to in subsection (1) is designated by the head of the Agency's environmental impact Control. "

12. The provisions of article 36 is amended so that it reads entirely:.,, "article 36.,, (1) Producers, users, collectors, transporters, and processors of waste compulsory B3 immediately tackling the pollution or environmental damage due to its activities.
.,, (2) when the producers, users, collectors, transporters, and processors of waste B3 does not do the countermeasures referred to in subsection (1), or tackle but not as it should be, then head of the environmental impact Control Agency or third parties at the request of the head of the environmental impact Control Agency can do to cope with the costs charged to producers, and/or users, and/or gatherers, and/or transporters, and/or waste processing B3 is concerned. "
Chapter II of this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on May 2, 1995 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on May 2, 1995 MINISTER of STATE SECRETARY of the REPUBLIC of INDONESIA MOERDIONO RI STATE GAZETTE SUPPLEMENTARY No. 1603 (explanation of the 1995 State Gazette Number 24) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA number 12 in 1995 ABOUT the CHANGES the GOVERNMENT REGULATION number 19 in 1994 REGARDING WASTE MANAGEMENT HAZARDOUS MATERIALS and TOXIC. , Can be observed globally, has been the development of environmental management technologies that can reduce the amount of danger and/or toxic waste power B3. This environmental management technologies need to harness the power of effort managing waste B3, B3 waste so that it can be controlled. The utilization of this environmental management technologies should be able to encourage the development and application of clean technologies, so as to reduce the amount of waste generated by the process.
., Reduced waste, a process will in turn reduce the cost of waste treatment.
Waste Utilization, B3, which includes a restart cycle activities (recycling), retrieval of (recovery) and reuse (reuse) is one of the important chain of waste management in B3. Waste utilization technology B3 on the one hand can be reduced number of B3 waste treatment cost so B3 can also be pressed, and on the other hand will be able to increase the benefit of raw materials.
.,, This in turn will reduce the speed drain natural resources.

The SAKE ARTICLE ARTICLE article I., 1., letters, numbers, quite obviously number 2.,, article 6, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), quite obviously, paragraph (7),, is a "waste processing B3 is not yet available" is the location of waste processing activities are B3 in the same area with the location of the activity of producers and/or users waste B3 better, so that waste producers generated B3 and/or users of waste that is collected first B3 by collecting waste B3. Subsection (8), waste utilization, activity of B3 waste will produce B3 which has hazards to the environment and human health if not managed properly.

Because of B3 waste utilization it should also comply with the provisions which apply to the waste generator B3. Subsection (9), quite obviously, subsection (10), it is pretty clear the number 3, article 9, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the numbers are pretty clear, 4.,, article 12, paragraph (1), quite obviously, subsection (2), the numbers are pretty clear, 5., 21.,, article, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), the numbers are pretty clear, 6.,, article 25, paragraph (1). Quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), the numbers are pretty clear, 7.,, article 26, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4),, is quite clear, number 8, article 27, paragraph (1), the fact shows that there are industries which use waste B3 as raw material. Among the raw materials come from within the country, while the cons were imported.

What is meant by "the addition of a shortage of the raw material" here is that raw material waste of the imported amount that B3 is merely to achieve viability to do utilization. However, it needs to be taken a step at a time certain to stop import of waste B3.

This means that at the moment specified waste utilization B3 should be solely using waste B3 as raw materials come from within the country. Subsection (2), quite obviously, subsection (3), the export of waste, B3 can only be implemented when there is a written statement of the authorized agency of the country of destination of exports of waste B3 that in that country has waste treatment facilities B3 worthy so as not to pose a risk of danger to the environment and human health. Subsection (4), consideration of the Minister of industry regarding matters relating to the volume of needs the addition of raw material shortages in the form B3 waste that needs to be imported.


Consideration of environmental impact Control Agency Heads concerning matters relating to the control of the negative impact that may arise due to imports and utilization of waste B3.

The considerations above, submitted to the Trade Ministers once a year.

Who can import waste producers and importers are merely B3 amount does not exceed the capacity of the production senyatanya in one year.

Figure 9.,, article 30, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), the numbers are pretty clear, 10.,, article 31, paragraph (1), quite obviously, subsection (2), the numbers are pretty clear, 11.,, article 35, paragraph (1), quite obviously, subsection (2), the numbers are pretty clear, 12.,, article 36, paragraph (1), quite obviously, subsection (2), clearly Enough, article II.,, is quite clear

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