Scheduled Wastes Regulations 2005

Key Information

Regulations to make further provisions relating to the handling, treatment, disposal, and reporting of scheduled wastes.

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Source: DOE - P.U. (A) 294

Regulation 1. Citation and commencement

(1) These regulations may be cited as the Environmental Quality (Scheduled Wastes) Regulations 2005.

(1)

These regulations may be cited as the Environmental Quality (Scheduled Wastes) Regulations 2005.

(2) These Regulations come into operation on 15 August 2005.

(2)

These Regulations come into operation on 15 August 2005.

Regulation 2. Interpretation

(1) In these Regulations, unless the context otherwise requires—

(1)

In these Regulations, unless the context otherwise requires—

“scheduled wastes” means any waste falling within the categories of waste listed in the First Schedule;

“scheduled wastes” means any waste falling within the categories of waste listed in the First Schedule;

“incompatible scheduled wastes” means scheduled wastes specified in the Fourth Schedule which, when mixed, will produce hazardous situations through heat generation, fires, explosions or the release of toxic substances;

“incompatible scheduled wastes” means scheduled wastes specified in the Fourth Schedule which, when mixed, will produce hazardous situations through heat generation, fires, explosions or the release of toxic substances;

“on-site treatment facility” means a facility, other than a scheduled wastes incinerator or a land treatment facility, located on a waste generator's site and that is used solely to deal with scheduled wastes produced on that site;

“on-site treatment facility” means a facility, other than a scheduled wastes incinerator or a land treatment facility, located on a waste generator's site and that is used solely to deal with scheduled wastes produced on that site;

“contractor” means any person licensed by the Director General of Environmental Quality under subsection 18(1A) of the Act;

“contractor” means any person licensed by the Director General of Environmental Quality under subsection 18(1A) of the Act;

“waste generator” means any person who generates scheduled wastes;

“waste generator” means any person who generates scheduled wastes;

“prescribed premises” means premises prescribed by the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order 1989 [P.U. (A) 140/1989].

“prescribed premises” means premises prescribed by the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order 1989 [P.U. (A) 140/1989].

(2) Words and expressions which are not defined in these Regulations shall have the same meaning as assigned to them in the Act and in the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order 1989.

(2)

Words and expressions which are not defined in these Regulations shall have the same meaning as assigned to them in the Act and in the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order 1989.

Regulation 3. Notification of the generation of scheduled wastes

(1) Every waste generator shall, within 30 days from the date of generation of scheduled wastes, notify the Director General of the new categories and quantities of scheduled wastes which are generated.

(1)

Every waste generator shall, within 30 days from the date of generation of scheduled wastes, notify the Director General of the new categories and quantities of scheduled wastes which are generated.

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

(2)

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

Regulation 4. Disposal of scheduled wastes

(1) Scheduled wastes shall be disposed of at prescribed premises only.

(1)

Scheduled wastes shall be disposed of at prescribed premises only.

(2) Scheduled wastes shall, as far as is practicable, be rendered innocuous prior to disposal.

(2)

Scheduled wastes shall, as far as is practicable, be rendered innocuous prior to disposal.

Regulation 5. Treatment of scheduled wastes

(1) Scheduled wastes shall be treated at prescribed premises or at on-site treatment facilities only.

(1)

Scheduled wastes shall be treated at prescribed premises or at on-site treatment facilities only.

(2) Residuals from treatment of scheduled wastes shall be treated or disposed of at prescribed premises.

(2)

Residuals from treatment of scheduled wastes shall be treated or disposed of at prescribed premises.

Regulation 6. Recovery of material or product from scheduled wastes

(1) Recovery of material or product from scheduled wastes shall be done at prescribed premises or at on-site recovery facilities.

(1)

Recovery of material or product from scheduled wastes shall be done at prescribed premises or at on-site recovery facilities.

(2) Residuals from recovery of material or product from scheduled wastes shall be treated or disposed of at prescribed premises.

(2)

Residuals from recovery of material or product from scheduled wastes shall be treated or disposed of at prescribed premises.

Regulation 7. Application for special management of scheduled wastes

(1) A waste generator may apply to the Director General in writing to have the scheduled wastes generated from their particular facility or process excluded from being treated, disposed of or recovered in premises or facilities other than at the prescribed premises or on-site treatment or recovery facilities.

(1)

A waste generator may apply to the Director General in writing to have the scheduled wastes generated from their particular facility or process excluded from being treated, disposed of or recovered in premises or facilities other than at the prescribed premises or on-site treatment or recovery facilities.

(2) An application under subregulation (1) shall be submitted to the Director General in accordance with the guidelines for special management of scheduled wastes as prescribed by the Director General and shall be accompanied by fee of three hundred ringgit and shall not be refunded.

(2)

An application under subregulation (1) shall be submitted to the Director General in accordance with the guidelines for special management of scheduled wastes as prescribed by the Director General and shall be accompanied by fee of three hundred ringgit and shall not be refunded.

(3) If the Director General is satisfied with the application made under subregulation (1), the Director General may grant a written approval either with or without conditions.

(3)

If the Director General is satisfied with the application made under subregulation (1), the Director General may grant a written approval either with or without conditions.

Regulation 8. Responsibility of waste generator

(1) Every waste generator shall ensure that scheduled wastes generated by him are properly stored, treated on-site, recovered on-site for material or product from such scheduled wastes or delivered to and received at prescribed premises for treatment, disposal or recovery of material or product from scheduled wastes.

(1)

Every waste generator shall ensure that scheduled wastes generated by him are properly stored, treated on-site, recovered on-site for material or product from such scheduled wastes or delivered to and received at prescribed premises for treatment, disposal or recovery of material or product from scheduled wastes.

(2) Every waste generator shall ensure that scheduled wastes that are subjected to movement or transfer be packaged, labelled and transported in accordance with the guidelines prescribed by the Director General.

(2)

Every waste generator shall ensure that scheduled wastes that are subjected to movement or transfer be packaged, labelled and transported in accordance with the guidelines prescribed by the Director General.

Regulation 9. Storage of scheduled wastes

(1) Scheduled wastes shall be stored in containers which are compatible with the scheduled wastes to be stored, durable and which are able to prevent spillage or leakage of the scheduled wastes into the environment.

(1)

Scheduled wastes shall be stored in containers which are compatible with the scheduled wastes to be stored, durable and which are able to prevent spillage or leakage of the scheduled wastes into the environment.

(2) Incompatible scheduled wastes shall be stored in separate containers, and such containers shall be placed in separate secondary containment areas.

(2)

Incompatible scheduled wastes shall be stored in separate containers, and such containers shall be placed in separate secondary containment areas.

(3) Containers containing scheduled wastes shall always be closed during storage except when it is necessary to add or remove the scheduled wastes.

(3)

Containers containing scheduled wastes shall always be closed during storage except when it is necessary to add or remove the scheduled wastes.

(4) Areas for the storage of the containers shall be designed, constructed and maintained adequately in accordance with the guidelines prescribed by the Director General to prevent spillage or leakage of scheduled wastes into the environment.

(4)

Areas for the storage of the containers shall be designed, constructed and maintained adequately in accordance with the guidelines prescribed by the Director General to prevent spillage or leakage of scheduled wastes into the environment.

(5) Any person may store scheduled wastes generated by him for 180 days or less after its generation provided that—

(5)

Any person may store scheduled wastes generated by him for 180 days or less after its generation provided that—

(a) the quantity of scheduled wastes accumulated on site shall not exceed 20 metric tonnes;

(a)

the quantity of scheduled wastes accumulated on site shall not exceed 20 metric tonnes;

(b) the Director General may at any time, direct the waste generator to send any scheduled wastes for treatment, disposal or recovery of material or product from the scheduled wastes up to such quantity as he deems necessary.

(b)

the Director General may at any time, direct the waste generator to send any scheduled wastes for treatment, disposal or recovery of material or product from the scheduled wastes up to such quantity as he deems necessary.

(6) A waste generator may apply to the Director General in writing to store more than 20 metric tonnes of scheduled wastes.

(6)

A waste generator may apply to the Director General in writing to store more than 20 metric tonnes of scheduled wastes.

(7) If the Director General is satisfied with the application made under subregulation (6), the Director General may grant a written approval either with or without conditions.

(7)

If the Director General is satisfied with the application made under subregulation (6), the Director General may grant a written approval either with or without conditions.

Regulation 10. Labelling of scheduled wastes

(1) The date when the scheduled wastes are first generated, name, address and telephone number of the waste generator shall be clearly labelled on the containers that are used to store the scheduled wastes.

(1)

The date when the scheduled wastes are first generated, name, address and telephone number of the waste generator shall be clearly labelled on the containers that are used to store the scheduled wastes.

(2) Containers of scheduled wastes shall be clearly labelled in accordance with the types applicable to them as specified in the Third Schedule and marked with the scheduled waste code as specified in the First Schedule for identification and warning purposes.

(2)

Containers of scheduled wastes shall be clearly labelled in accordance with the types applicable to them as specified in the Third Schedule and marked with the scheduled waste code as specified in the First Schedule for identification and warning purposes.

(3) No person is allowed to alter the markings and labels mentioned in subregulations (1) and (2).

(3)

No person is allowed to alter the markings and labels mentioned in subregulations (1) and (2).

Regulation 11. Waste generator shall keep an inventory of scheduled wastes

A waste generator shall keep accurate and up-to-date inventory in accordance with the Fifth Schedule of the categories and quantities of scheduled wastes being generated, treated and disposed of and of materials or product recovered from such scheduled wastes for a period up to three years from the date the scheduled wastes was generated.

A waste generator shall keep accurate and up-to-date inventory in accordance with the Fifth Schedule of the categories and quantities of scheduled wastes being generated, treated and disposed of and of materials or product recovered from such scheduled wastes for a period up to three years from the date the scheduled wastes was generated.

Regulation 12. Information to be provided by waste generator, contractor and occupier of prescribed premises

(1) A waste generator, contractor and occupier of the prescribed premises shall provide information in accordance with the Sixth Schedule in the manner provided in this regulation or Director General shall determine other method as he thinks fit.

(1)

A waste generator, contractor and occupier of the prescribed premises shall provide information in accordance with the Sixth Schedule in the manner provided in this regulation or Director General shall determine other method as he thinks fit.

(2) A waste generator shall complete Part I of the Sixth Schedule in six copies and hand over the six copies of the Schedule to the contractor when the scheduled wastes are delivered to him.

(2)

A waste generator shall complete Part I of the Sixth Schedule in six copies and hand over the six copies of the Schedule to the contractor when the scheduled wastes are delivered to him.

(3) The contractor shall, upon receiving scheduled wastes from a waste generator, complete Part II of the Sixth Schedule in the six copies given to him by the waste generator and shall thereafter immediately hand over two copies of the Schedule to the waste generator who in turn shall submit a copy to the Director General within 30 days from the date of transportation of the scheduled wastes.

(3)

The contractor shall, upon receiving scheduled wastes from a waste generator, complete Part II of the Sixth Schedule in the six copies given to him by the waste generator and shall thereafter immediately hand over two copies of the Schedule to the waste generator who in turn shall submit a copy to the Director General within 30 days from the date of transportation of the scheduled wastes.

(4) The contractor shall within 10 days from the date of receipt of the scheduled wastes deliver the scheduled wastes to the occupier of any prescribed premises and hand over the remaining four copies of the Sixth Schedule to the occupier.

(4)

The contractor shall within 10 days from the date of receipt of the scheduled wastes deliver the scheduled wastes to the occupier of any prescribed premises and hand over the remaining four copies of the Sixth Schedule to the occupier.

(5) The occupier of any prescribed premises shall, upon receiving scheduled wastes from the contractor, complete Part III of all the remaining four copies of the Sixth Schedule handed over to him by the contractor and shall, upon completion, retain one copy and return a copy each to the contractor, the waste generator and the Director General, within 20 days from the date of receipt of the scheduled wastes.

(5)

The occupier of any prescribed premises shall, upon receiving scheduled wastes from the contractor, complete Part III of all the remaining four copies of the Sixth Schedule handed over to him by the contractor and shall, upon completion, retain one copy and return a copy each to the contractor, the waste generator and the Director General, within 20 days from the date of receipt of the scheduled wastes.

(6) If the waste generator fails to receive his copy of the Sixth Schedule from the occupier of the prescribed premises referred to in subregulation (5) within 30 days from the date of delivery of the scheduled wastes to the contractor referred to in subregulation (2), he shall notify the Director General immediately and shall investigate and inform the Director General of the result of his investigation.

(6)

If the waste generator fails to receive his copy of the Sixth Schedule from the occupier of the prescribed premises referred to in subregulation (5) within 30 days from the date of delivery of the scheduled wastes to the contractor referred to in subregulation (2), he shall notify the Director General immediately and shall investigate and inform the Director General of the result of his investigation.

(7) The waste generator, contractor or occupier of the prescribed premises shall each keep a signed copy of the Sixth Schedule which shall be retained as a record for at least three years from the date the scheduled wastes are received by the occupier of the prescribed premises.

(7)

The waste generator, contractor or occupier of the prescribed premises shall each keep a signed copy of the Sixth Schedule which shall be retained as a record for at least three years from the date the scheduled wastes are received by the occupier of the prescribed premises.

Regulation 13. Scheduled wastes transported outside waste generator's premises to be accompanied by information

(1) Every waste generator shall provide information in accordance with the Seventh Schedule in respect of each category of scheduled wastes to be delivered to the contractor and shall give the Schedule to the contractor upon delivery of the waste to him.

(1)

Every waste generator shall provide information in accordance with the Seventh Schedule in respect of each category of scheduled wastes to be delivered to the contractor and shall give the Schedule to the contractor upon delivery of the waste to him.

(2) The waste generator shall inform the contractor of the purpose and use of the Seventh Schedule.

(2)

The waste generator shall inform the contractor of the purpose and use of the Seventh Schedule.

(3) The contractor shall carry with him the Seventh Schedule for each category of scheduled wastes being transported and shall observe and comply with the instructions contained therein.

(3)

The contractor shall carry with him the Seventh Schedule for each category of scheduled wastes being transported and shall observe and comply with the instructions contained therein.

(4) The contractor shall, in the selection of transportation routes, as far as possible avoid densely populated areas, water catchment areas and other environmentally sensitive areas.

(4)

The contractor shall, in the selection of transportation routes, as far as possible avoid densely populated areas, water catchment areas and other environmentally sensitive areas.

(5) The contractor shall ensure that all his employees that are involved in the handling, transportation and storage of scheduled wastes attend training programmes.

(5)

The contractor shall ensure that all his employees that are involved in the handling, transportation and storage of scheduled wastes attend training programmes.

(6) The contractor shall ensure that during the training programme each employee is well informed of the purpose and use of the Seventh Schedule.

(6)

The contractor shall ensure that during the training programme each employee is well informed of the purpose and use of the Seventh Schedule.

Regulation 14. Spill or accidental discharge

(1) In the event of any spill or accidental discharge of any scheduled wastes, the contractor responsible for the waste shall immediately inform the Director General of the occurrence.

(1)

In the event of any spill or accidental discharge of any scheduled wastes, the contractor responsible for the waste shall immediately inform the Director General of the occurrence.

(2) The contractor shall do everything that is practicable to contain, cleanse or abate the spill or accidental discharge and to recover substances involved in the spill or accidental discharge.

(2)

The contractor shall do everything that is practicable to contain, cleanse or abate the spill or accidental discharge and to recover substances involved in the spill or accidental discharge.

(3) The waste generator shall provide technical expertise and supporting assistance in any clean-up operation referred to in subregulation (2).

(3)

The waste generator shall provide technical expertise and supporting assistance in any clean-up operation referred to in subregulation (2).

(4) The contractor shall undertake studies to determine the impact of the spillage or accidental discharge on the environment over a period of time to be determined by the Director General.

(4)

The contractor shall undertake studies to determine the impact of the spillage or accidental discharge on the environment over a period of time to be determined by the Director General.

Regulation 15. Conduct of training

Every waste generator shall ensure that all his employees involved in the identification, handling, labelling, transportation, storage and spillage or discharge response of scheduled wastes attend training programmes.

Every waste generator shall ensure that all his employees involved in the identification, handling, labelling, transportation, storage and spillage or discharge response of scheduled wastes attend training programmes.

Regulation 16. Compounding of offences

(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.

(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 1978 [P.U. (A) 281/1978].

(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 1978 [P.U. (A) 281/1978].

Regulation 17. Revocation

The Environmental Quality (Scheduled Wastes) Regulations 1989 [P.U. (A) 139/1989] is revoked.

The Environmental Quality (Scheduled Wastes) Regulations 1989 [P.U. (A) 139/1989] is revoked.

FIRST SCHEDULE (Regulation 2) – CATEGORIES OF SCHEDULED WASTE

SW 1 Metal and metal-bearing wastes

SW Code	Waste Description
SW 101	Waste containing arsenic or its compound
SW 102	Waste of lead acid batteries in whole or crushed form
SW 103	Waste of batteries containing cadmium and nickel or mercury or lithium
SW 104	Dust, slag, dross or ash containing aluminium, arsenic, mercury, lead, cadmium, chromium, nickel, copper, vanadium, beryllium, antimony, tellurium, thallium or selenium excluding slag from iron and steel factory
SW 105	Galvanic sludges
SW 106	Residues from recovery of acid pickling liquor
SW 107	Slags from copper processing for further processing or refining containing arsenic, lead or cadmium
SW 108	Leaching residues from zinc processing in dust and sludges form
SW 109	Waste containing mercury or its compound
SW 110	Waste from electrical and electronic assemblies containing components such as accumulators, mercury-switches, glass from cathode-ray tubes and other activated glass or polychlorinated biphenyl-capacitors, or contaminated with cadmium, mercury, lead, nickel, chromium, copper, lithium, silver, manganese or polychlorinated biphenyl

SW 2 Wastes containing principally inorganic constituents which may contain metals and organic materials

SW Code	Waste Description
SW 201	Asbestos wastes in sludges, dust or fibre forms
SW 202	Waste catalysts
SW 203	Immobilized scheduled wastes including chemically fixed, encapsulated, solidified or stabilized sludges
SW 204	Sludges containing one or several metals including chromium, copper, nickel, zinc, lead, cadmium, aluminium, tin, vanadium and beryllium
SW 205	Waste gypsum arising from chemical industry or power plant
SW 206	Spent inorganic acids
SW 207	Sludges containing fluoride

SW 3 Wastes containing principally organic constituents which may contain metals and inorganic materials

SW Code	Waste Description
SW 301	Spent organic acids with pH less or equal to 2 which are corrosive or hazardous
SW 302	Flux waste containing mixture of organic acids, solvents or compounds of ammonium chloride
SW 303	Adhesive or glue waste containing organic solvents excluding solid polymeric materials
SW 304	Press cake from pretreatment of glycerol soap lye
SW 305	Spent lubricating oil
SW 306	Spent hydraulic oil
SW 307	Spent mineral oil-water emulsion
SW 308	Oil tanker sludges
SW 309	Oil-water mixture such as ballast water
SW 310	Sludge from mineral oil storage tank
SW 311	Waste of oil or oily sludge
SW 312	Oily residue from automotive workshop, service station oil or grease interceptor
SW 313	Oil contaminated earth from re-refining of used lubricating oil
SW 314	Oil or sludge from oil refinery plant maintenance operation
SW 315	Tar or tarry residues from oil refinery or petrochemical plant
SW 316	Acid sludge
SW 317	Spent organometallic compounds including tetraethyl lead, tetramethyl lead and organotin compounds
SW 318	Waste, substances and articles containing or contaminated with polychlorinated biphenyls (PCB) or polychlorinated triphenyls (PCT)
SW 319	Waste of phenols or phenol compounds including chlorophenol in the form of liquids or sludges
SW 320	Waste containing formaldehyde
SW 321	Rubber or latex wastes or sludges containing organic solvents or heavy metals
SW 322	Waste of non-halogenated organic solvents
SW 323	Waste of halogenated organic solvents
SW 324	Waste of halogenated or unhalogenated non-aqueous distillation residues arising from organic solvents recovery process
SW 325	Uncured resin waste containing organic solvents or heavy metals including epoxy resin and phenolic resin
SW 326	Waste of organic phosphorus compound
SW 327	Waste of thermal fluids (heat transfer) such as ethylene glycol

SW 4 Wastes which may contain either inorganic or organic constituents

SW Code	Waste Description
SW 401	Spent alkalis containing heavy metals
SW 402	Spent alkalis with pH more or equal to 11.5 which are corrosive or hazardous
SW 403	Discarded drugs containing psychotropic substances or containing substances that are toxic, harmful, carcinogenic, mutagenic or teratogenic
SW 404	Pathogenic wastes, clinical wastes or quarantined materials
SW 405	Waste arising from the preparation and production of pharmaceutical product
SW 406	Clinker, slag and ashes from scheduled wastes incinerator
SW 407	Waste containing dioxins or furans
SW 408	Contaminated soil, debris or matter resulting from cleaning-up of a spill of chemical, mineral oil or scheduled wastes
SW 409	Disposed containers, bags or equipment contaminated with chemicals, pesticides, mineral oil or scheduled wastes
SW 410	Rags, plastics, papers or filters contaminated with scheduled wastes
SW 411	Spent activated carbon excluding carbon from the treatment of potable water and processes of the food industry and vitamin production
SW 412	Sludges containing cyanide
SW 413	Spent salt containing cyanide
SW 414	Spent aqueous alkaline solution containing cyanide
SW 415	Spent quenching oils containing cyanides
SW 416	Sludges of inks, paints, pigments, lacquer, dye or varnish
SW 417	Waste of inks, paints, pigments, lacquer, dye or varnish
SW 418	Discarded or off-specification inks, paints, pigments, lacquer, dye or varnish products containing organic solvent
SW 419	Spent di-isocyanates and residues of isocyanate compounds excluding solid polymeric material from foam manufacturing process
SW 420	Leachate from scheduled waste landfill
SW 421	A mixture of scheduled wastes
SW 422	A mixture of scheduled and non-scheduled wastes
SW 423	Spent processing solution, discarded photographic chemicals or discarded photographic wastes
SW 424	Spent oxidizing agent
SW 425	Wastes from the production, formulation, trade or use of pesticides, herbicides or biocides
SW 426	Off-specification products from the production, formulation, trade or use of pesticides, herbicides or biocides
SW 427	Mineral sludges including calcium hydroxide sludges, phosphating sludges, calcium sulphite sludges and carbonates sludges
SW 428	Wastes from wood preserving operation using inorganic salts containing copper, chromium or arsenic of fluoride compounds or using compound containing chlorinated phenol or creosote
SW 429	Chemicals that are discarded or off-specification
SW 430	Obsolete laboratory chemicals
SW 431	Waste from manufacturing or processing or use of explosives
SW 432	Waste containing, consisting of or contaminated with peroxides

SW 5 Other wastes

SW Code	Waste Description
SW 501	Any residues from treatment or recovery of scheduled wastes

SECOND SCHEDULE (Regulation 3) – NOTIFICATION OF SCHEDULED WASTES

THIRD SCHEDULE (Regulation 10) – LABELLING REQUIREMENT FOR SCHEDULED WASTES

FOURTH SCHEDULE (Regulation 2) – SCHEDULED WASTES OF POTENTIAL INCOMPATIBILITY

FIFTH SCHEDULE (Regulation 11) – INVENTORY OF SCHEDULED WASTES

SIXTH SCHEDULE (Regulation 12) – CONSIGNMENT NOTE FOR SCHEDULED WASTES

SEVENTH SCHEDULE (Regulation 13) – INFORMATION