Sewage Regulations 2009
Key information
- Source
- DOE - P.U. (A) 432/2009
Sewage Regulations 2009: Sets standards for sewage discharge, treatment systems, monitoring, and licensing in Malaysia.
Regulation 1. Citation
- These regulations may be cited as the Environmental Quality (Sewage) Regulations 2009.
Regulation 2. Interpretation
- (1)In these Regulations—
- “sludge”
- means any deposit of particulate matter settled from a liquid, including deposit resulting from physical, chemical, biological or other treatment of sewage;
- “professional engineer”
- has the same meaning assigned to it in the Registration of Engineers Act 1967 [Act 138] ;
- “sewage”
- means any liquid waste or wastewater discharge containing human, animal, domestic or putrescible matter in suspension or solution, and includes liquids containing chemicals in solution either in the raw, treated or partially treated form;
- “parameter”
- means any of the factors shown in the first column of the Second Schedule ;
- “authorized officer”
- means any officer appointed under section 3 of the Act or any other officer to whom the Director General has delegated his power under section 49 of the Act;
- “dilution”
- means any process making sewage less concentrated by adding water or other liquids from external sources other than liquids or materials used for treating the sewage;
- “performance monitoring”
- means the routine monitoring of certain characteristics to provide an indication that a treatment process is functional and capable of treating the sewage;
- “population equivalent”
- means the equivalent in terms of a fixed population of a varying or transient population or other activity, for example industrial or commercial contributing to flow to the sewerage treatment system;
- “sewage treatment system”
- means any facility designed and constructed for the purpose of reducing the potential of the sewage to cause pollution.
- (2)Words and expressions which are not defined in these Regulations shall have the same meaning as assigned to them in the Act.
Regulation 3. Application
- These Regulations shall apply to any premises which discharge sewage onto or into any soil, or into any inland waters or Malaysian waters, other than any housing or commercial development or both having a population equivalent of less than one hundred and fifty.
Regulation 4. Notification for new source of sewage discharge or release
- (1)No person shall, without prior written notification to the Director General, discharge or release or permit the discharge or release of sewage onto or into any soil, or into any inland waters or Malaysian waters.
- (2)The written notification to the Director General referred to in subregulation (1) shall be in the form as specified in the First Schedule .
Regulation 5. Provision and proper operation of sewage treatment system
- (1)An owner or occupier of any premises shall operate and maintain a sewage treatment system in accordance with sound engineering practice for the treatment of sewage and ensure that all components of the sewage treatment system are in good working condition.
- (2)In this regulation, “sound engineering practice” means the manner by which sewage treatment system is operated where the operational characteristics are maintained within the normal range of values commonly used for the treatment of sewage.
Regulation 6. Competent person
- (1)The operation of a sewage treatment system shall be supervised by a competent person.
- (2)A competent person shall be a person who has been certified by the Director General that he is duly qualified to supervise the operation of a sewage treatment system.
- (3)An owner or occupier of any premises shall ensure that a competent person is on duty at any time the sewage treatment system is in operation.
Regulation 7. Acceptable conditions of sewage discharge
- (1)No person shall discharge sewage which contains substances in concentration greater than the limits of—
- (a)Standard A, as shown in paragraph (i) of the Second Schedule , for new sewage treatment systems discharging into any inland waters within the catchment areas as specified in the Third Schedule ;
- (b)Standard B, as shown in paragraph (i) of the Second Schedule, for new sewage treatment systems discharging into any other inland waters or Malaysian waters;
- (c)Standard A, as shown in paragraph (ii) of the Second Schedule, for existing sewage treatment systems discharging into any inland waters within the catchment areas as specified in the Third Schedule;
- (d)Standard B, as shown in paragraph (ii) of the Second Schedule, for existing sewage treatment systems discharging into any other inland waters or Malaysian waters;
- (e)Standard A, as shown in paragraph (iii) of the Second Schedule, for existing sewage treatment systems discharging into any inland waters within the catchment areas as specified in the Third Schedule; or
- (f)Standard B, as shown in paragraph (iii) of the Second Schedule, for existing sewage treatment systems discharging into any other inland waters or Malaysian waters.
- (a)
- (2)An owner or occupier of a premises shall submit a program to the Director General and implement such program to ensure that all existing sewage treatment systems, except the communal septic tanks and imhoff tanks—
- (a)which discharge sewage into any inland waters within the catchment areas as specified in the Third Schedule , comply with the Standard A as shown in paragraph (i) of the Second Schedule on or before 31 December 2016; and
- (b)which discharge sewage into any other inland waters or Malaysian waters, comply with the Standard B as shown in paragraph (i) of the Second Schedule on or before 31 December 2019.
- (a)
- (3)In this regulation—
- (a)“new sewage treatment system” means a sewage treatment built after the date of the coming into operation of these Regulations; and
- (b)“existing sewage treatment system” means a sewage treatment system approved between the period after January 1999, until immediately before the date of the coming into operation of these Regulations.
- (a)
Regulation 8. Licence to contravene acceptable conditions for sewage discharge
- (1)
- (2)An application for a licence under subregulation (1) shall be made in accordance with the procedures as specified in the Environmental Quality (Licensing) Regulations 1977 [P.U. (A) 198/1977] and shall be accompanied by—
- (a)a report on sewage characterization study; and
- (b)a licence fee as specified in regulation 24 .
- (a)
Regulation 9. Method of analysis and sampling of sewage
- (1)An authorized officer may carry out an in-situ or ex-situ analysis of sewage using any instrument approved by the Director General.
- (2)An analysis of sewage discharged or released onto or into any soil, or into any inland waters or Malaysian waters shall be carried out in accordance with any of the methods contained in the publications as specified in the Fourth Schedule .
- (3)The analysis of sewage referred to in this regulation shall be based on grab samples.
- (4)In this regulation—
- (a)“in-situ analysis” means the analysis conducted on a sewage sample that has not been removed from its location or conducted at the site where the sample was taken;
- (b)“ex-situ analysis” means the analysis conducted on a sewage sample that has been removed from its location and conducted at the different site from the site where the sample was taken; and
- (c)“grab sample” means a discrete individual sample taken within a period of time of less than 15 minutes.
- (a)
Regulation 10. Monitoring of sewage discharge
- (1)An owner or occupier of a premises that discharges sewage onto or into any soil, or into any inland waters or Malaysian waters shall, at his own expense—
- (a)monitor the concentration of the parameters specified in the first column of the Second Schedule ; and
- (b)install flow-meters, sampling equipment and recording equipment.
- (a)
- (2)The owner or occupier of the premises shall maintain a record of sewage discharge monitoring data in the format as specified in the Second Schedule .
- (3)The owner or occupier of the premises shall submit the first record of sewage discharge monitoring data to the Director General within thirty days after the date of the coming into operation of these Regulations and the subsequent reports shall be submitted within thirty days after the end of the calendar month for the report of the previous month.
- (4)The record of sewage discharge monitoring data shall also be made available for inspection by any authorized officer.
Regulation 11. Point of discharge of sewage
- (1)The point of discharge of sewage shall comply with the specifications as specified in the Sixth Schedule and shall be clearly indicated by the owner or occupier of a premises on the layout plans and engineering drawings certified by a professional engineer.
- (2)An owner or occupier of the premises shall submit to the Director General the layout plans and engineering drawings referred to in subregulation (1) within thirty days prior to the commencement of the operations at the premises.
- (3)Where an owner or occupier of the premises proposes to make any alteration or change to the location or position of the point of discharge or design of the outlet at the point of discharge of sewage, he or it shall notify the Director General within thirty days prior to the making of any alteration or change.
Regulation 12. Prohibition against sewage discharge through by-pass
- (1)No person shall discharge or cause or permit the discharge of sewage onto and into any soil, or into any inland waters or Malaysian waters through a by-pass.
- (2)In this regulation, “by-pass” means any intentional diversion of sewage from any portion of a sewage treatment system.
Regulation 13. Spill or accidental discharge of sewage
- (1)In the event of the occurrence of any spill or accidental discharge of sewage from any premises, which either directly or indirectly gains or may gain access onto or into any soil, or into any inland waters or Malaysian waters, the owner or occupier of the premises shall immediately and not more than six hours from the time of the occurrence inform the Director General of the occurrence.
- (2)An owner or occupier of the premises shall, to every reasonable extent, contain, cleanse or abate the spill or accidental discharge of sewage in a manner that satisfies the Director General.
- (3)The Director General may in any particular case, if he considers it necessary to do so, specify the manner in which the spill or accidental discharge is to be contained, cleansed or abated and the owner or occupier of the premises shall comply with such specification.
- (4)The Director General shall determine any damage caused by any spill or accidental discharge and may recover all costs and expenses from the owner or occupier of the premises.
- (5)Where the Director General undertakes to cleanse or abate any spill or accidental discharge, he shall determine the full costs and expenses incurred and may recover such costs and expenses from the owner or occupier of the premises in accordance with the provisions of section 47 of the Act.
Regulation 14. Prohibition against discharge of sludge into inland waters or Malaysian waters
- No person shall discharge or cause or permit the discharge of any sludge that is generated from any sewage treatment system into any inland waters or Malaysian waters.
Regulation 15. Restriction on the disposal of sludge onto land
- No person shall discharge, or cause or permit the disposal of, sludge generated from any sewage treatment system onto or into any soil or surface of any land without the prior written permission of the Director General.
Regulation 16. Application for disposal of sludge onto land
- An application for a written permission of the Director General under regulation 17 shall be accompanied by the prescribed fee of five hundred ringgit.
Regulation 17. Reporting changes in information furnished for purpose of application of licence
- An applicant for a licence or for the renewal or transfer of such licence shall, within seven days of the occurrence of any material change in any information furnished in his application or furnished in writing pursuant to a request by the Director General under subsection 11(2) of the Act, give the Director General a report in writing of the change.
Regulation 18. Display of licence
- The holder of a licence shall display his licence, together with every document forming part of the licence, in conspicuous place in the principal building of his or its premises.
Regulation 19. Continuance of existing conditions and restrictions in case of change in occupancy
- Where a person becomes the occupier of a licensed premise in succession to another person who holds an unexpired licence in respect of such premises, then—
- (a)for a period of fourteen days after the change in occupancy; or
- (b)where the new occupier applies within the period specified in paragraph (a) for the transfer of the licence to him, for the period from the change in occupancy until the final determination of his application,
- (a)
- the conditions and restrictions of the licence shall be binding on the new occupier and shall be observed by him, notwithstanding that he is not yet the holder of the licence or that the licence may, during the period as specified in paragraph (a) or (b), as the case may be, have expired.
Regulation 20. Maintenance of records
- (1)An owner or occupier of a premises equipped with a sewage treatment system shall maintain records of the operation, maintenance and performance monitoring of the sewage treatment system.
- (2)The records maintained under subregulation (1) shall be made available for inspection by any authorized officer.
Regulation 21. Personnel training
- (1)An owner or occupier of any premises equipped with a sewage treatment system—
- (a)shall ensure that his or its employees attend training on environmental requirements and on the best practices in the operation and maintenance of sewage treatment systems before they begin work;
- (b)shall ensure that the training for his or its employees include retraining on updates for new, revised and existing requirements and procedures; and
- (c)shall maintain records of training which shall include the training date, name and position of employee, training provider and a brief description of the training content.
- (a)
- (2)The record under paragraph (1)(c) shall be submitted to the Director General upon request and shall be made available for inspection by any authorized officer.
Regulation 22. Provision for inspection
- An owner or occupier of a premises who discharges sewage onto or into any soil, or into any inland waters or Malaysian waters shall, in connection with such discharge, install inspection chambers, flow-meters, sampling equipment, monitoring equipment, and measuring and recording equipment.
Regulation 23. Owner or occupier to render assistance during inspection
- An owner or occupier of any premises shall provide the Director General or any authorized officer every reasonable assistance and facility available at the premises, including labour, equipment, appliances and instruments that the Director General or authorized officer may require for the purpose of taking any action.
Regulation 24. Fee for licence
- (1)The fee for a licence, including the renewal and transfer of a licence, shall be five hundred ringgit and an additional sewage-related licence fee computed in accordance with the method as specified in the Seventh Schedule .
- (2)The fee for a licence including the renewal and transfer of a licence of five hundred ringgit shall accompany the application and shall not be refundable.
- (3)The sewage-related licence fee shall not become due until called for.
Regulation 25. Waiver of fee
- (1)If the Director General is satisfied that the research on sewage treatment or disposal that is being or is to be conducted on a licensed premises is likely to benefit the cause of environmental protection, he may, with the approval of the Minister, wholly, or partly, waive any sewage-related licence fee payable by virtue of regulation 24 .
- (2)In deciding the extent of the waiver, the Director General shall be guided by the consideration of the pollution loading of sewage being discharged or to be discharged.
Regulation 26. Penalty
- Any person who contravenes regulations 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20 , 21 , 22 and 23 shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to a term of imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after the notice by the Director General requiring him to cease the act specified in the notice has been served upon him.
Regulation 27. Revocation, transitional and savings provision
- (1)The Environmental Quality (Sewage and Industrial Effluents) Regulations 1979 [P.U. (A) 12/1979] is revoked (hereinafter referred to as “the revoked Regulations”).
- (2)Any application made under the revoked Regulations for a licence to contravene the acceptable conditions, renewal or transfer of the licence or written permission which are pending immediately before the date of the coming into operation of these Regulations shall, after the date of the coming into operation of these Regulations, be dealt with under the revoked Regulations and for such purposes it shall be treated as if these Regulations have not been made.
- (3)All licences issued or written permission granted under the revoked Regulations shall, after the date of the coming into operation of these Regulations, continue to remain in full force and effect until the licence expires, is amended, suspended or cancelled, or the written permission expires or is revoked under the revoked Regulations and for such purposes it shall be treated as if these Regulations have not been made.
- (4)The provisions of the revoked Regulations relating to the acceptable conditions for sewage discharge shall continue to apply until twelve months after the date of the coming into operation of these Regulations where on the date of the coming into operation of these Regulations—
- (a)any work on any construction of any sewage treatment system has not commenced within twelve months from the date of the issuance of the written permission for its construction immediately before the date of the coming into operation of these Regulations;
- (b)any work on any construction of any sewage treatment has commenced but has not been completed immediately before the date of the coming into operation of these Regulations; or
- (c)any work on any construction of any sewage treatment system has been completed but has not begun its operation immediately before the date of the coming into operation of these Regulations.
- (a)
- (5)Where on the date of the coming into operation of these Regulations, any premises is discharging sewage into any inland waters which is not specified as a catchment area under the revoked Regulations immediately before the date of the coming into operation of these Regulations, the provisions of the revoked Regulations relating to acceptable conditions for sewage discharge shall continue to apply to such sewage discharge until twelve months after the date of the coming into operation of these Regulations.
- (6)Notwithstanding anything contained in these Regulations, upon the date of the coming into operation of these Regulations, in relation to sewage discharge from any sewerage treatment system, other than communal septic tanks and imhoff tanks—
- (a)the provisions of the revoked Regulations relating to acceptable conditions of sewage discharge as specified in paragraphs (ii) and (iii) of the Second Schedule for Standard A shall apply until 31 December 2016; and
- (b)the provisions of the revoked Regulations relating to acceptable conditions of sewage discharge as specified in paragraphs (ii) and (iv) of the Second Schedule for Standard B shall apply until 31 December 2019.
- (a)
- (7)Any proceeding, whether civil or criminal, commenced under the revoked Regulations and which are pending on the date of the coming into operation of these Regulations, shall, on the date of the coming into operation of these Regulations, be continued and concluded under the revoked Regulations and for such purposes it shall be treated as if these Regulations have not been made.
FIRST SCHEDULE (Regulation 4) – NOTIFICATION FOR NEW SOURCES OF SEWAGE DISCHARGE OR RELEASE
NOTIFICATION FOR NEW SOURCES OF SEWAGE DISCHARGE OR RELEASE
SECTION I IDENTIFICATION OF PREMISES
- 1.(i) Name and address of premises:Mailing address of premises (if different from above):Telephone number:Fax number:(ii) File reference number of Department of Environment (if applicable):
SECTION II DESCRIPTION OF PREMISES
- 2.(i) Description of premises/development project (Please tick √ in the relevant box below)
- (a) Housing/Residential
- (b) Commercial
- (c) Industrial Estate
- (d) Mixed (commercial plus residential)
- (e) Mixed (industry plus commercial)
- (f) Mixed (industry plus residential)
- (g) Hotel
- (h) Resort
- (i) Others
Please describe:(ii) Size of premises/development project (Please describe the size of the premise/development project in terms of population equivalent and other descriptors such as number of units, number of rooms, land area, etc. wherever relevant)
Population equivalent:Number of units:Number of rooms:Land area (acres):Other information:
SECTION III INFORMATION ON SEWAGE TREATMENT SYSTEM
- 3.(i) Type of treatment system (Please tick √ in the relevant box below)
- (a) Conventional Activated Sludge System
- (b) Oxidation Ponds
- (c) Extended Aeration Activated Sludge System
- (d) Oxidation Ditch
- (e) Rotating Biological Contactor
- (f) Trickling Filter
- (g) Sequencing Batch Reactor
- (h) Others
Please describe:
SECTION IV DISCHARGE INFORMATION
- 4.(i) Where is the treated sewage (i.e. the final sewage) discharged into? (Please tick √ in the relevant box below)
- (a) Watercourse
- (b) Lake
- (c) Sea
- (d) Estuary
- (e) Others
Name of watercourse:Name of lake:Name of sea:Name of estuary:Please describe:(ii) Location of discharge point — Latitude:Longitude:
SECTION V
DECLARATION
hereby declare that all information given in this form is to the best of my knowledge and belief true and correct.
SECOND SCHEDULE (Regulation 7) – ACCEPTABLE CONDITIONS OF SEWAGE DISCHARGE OF STANDARDS A AND B
(i) New sewage treatment system
(ii) Existing sewage treatment system (approved before January 1999)
This category refers to all sewerage treatment systems which were approved before the Guidelines for Developers: Sewerage Treatment Vol. IV, 2nd edition and were enforced by the Department of Sewerage Services, Ministry of Housing and Local Government, beginning January 1999. Below are the acceptable conditions for sewage discharge according to type of sewage treatment systems:
(iii) Existing sewage treatment system (approved after January 1999)
All sewerage treatment systems which were approved after the Guidelines for Developers: Sewerage Treatment Vol. IV, 2nd edition and were enforced by the Department of Sewerage Services, Ministry of Housing and Local Government, beginning January 1999 and up to the date of coming into operation of these Regulations.
THIRD SCHEDULE (Regulation 7) - LIST OF CATCHMENT AREAS WHERE STANDARD A APPLIES
- 1.The catchment areas referred to in these Regulations shall be the areas upstream of surface or above subsurface water supply intakes, for the purpose of human consumption including drinking water.
- 2.For the purpose of these Regulations, the water supply intake points shall include the public water supply intakes specified below:
(1) The State of Johor
(2) The State of Pahang
(3) The State of Kelantan
(4) The State of Perlis
(5) The State of Kedah
(6) The State of Perak
(7) The State of Penang
(8) The State of Selangor
(9) The State of Sarawak
(10) Federal Territory of Labuan
(11) The State of Sabah
(12) The State of Terengganu
(13) The State of Negeri Sembilan
(14) The State of Melaka
FOURTH SCHEDULE (Regulation 9) - METHODS OF ANALYSIS OF SEWAGE
- (1)The 21st edition of “Standard Methods for the Examination of Water and Wastewater” published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation of the United States of America; or
- (2)“Code of Federal Regulations, Chapter 40, Subchapter D, part 136” published by the Office of the Federal Register, National Archives and Records Administration, United States of America.
FIFTH SCHEDULE (Regulation 10) - MONTHLY SEWAGE DISCHARGE MONITORING REPORT
MONTHLY SEWAGE DISCHARGE MONITORING REPORT
SECTION I IDENTIFICATION
- 1.(i) Name and address of premises:Telephone number:Fax number:(ii) File reference number of Department of Environment (if applicable):
- 2.(i) Name and address of accredited analytical laboratory:Telephone number:Fax number:(ii) Name of analyst:
- 3.(i) Reporting year:(ii) Reporting month:
SECTION II SEWAGE INFORMATION*
- 4.(i) Flowrate — Maximum: m³/d, Minimum: m³/d(ii) Population equivalent (P.E.):
(iii) Quality of sewage discharged
Quality of sewage discharge (unit in mg/L) for new sewage treatment systems
Parameter First Week Date: …… Second Week Date: …… Third Week Date: …… Fourth Week Date: …… BOD₅ at 20°C BOD₅ at 20°C, first weekBOD₅ at 20°C, second weekBOD₅ at 20°C, third weekBOD₅ at 20°C, fourth weekCOD COD, first weekCOD, second weekCOD, third weekCOD, fourth weekSuspended Solids Suspended Solids, first weekSuspended Solids, second weekSuspended Solids, third weekSuspended Solids, fourth weekOil and Grease Oil and Grease, first weekOil and Grease, second weekOil and Grease, third weekOil and Grease, fourth weekAmmoniacal Nitrogen (enclosed water body) Ammoniacal Nitrogen (enclosed water body), first weekAmmoniacal Nitrogen (enclosed water body), second weekAmmoniacal Nitrogen (enclosed water body), third weekAmmoniacal Nitrogen (enclosed water body), fourth weekAmmoniacal Nitrogen (river) Ammoniacal Nitrogen (river), first weekAmmoniacal Nitrogen (river), second weekAmmoniacal Nitrogen (river), third weekAmmoniacal Nitrogen (river), fourth weekNitrate – Nitrogen (river) Nitrate – Nitrogen (river), first weekNitrate – Nitrogen (river), second weekNitrate – Nitrogen (river), third weekNitrate – Nitrogen (river), fourth weekNitrate – Nitrogen (enclosed water body) Nitrate – Nitrogen (enclosed water body), first weekNitrate – Nitrogen (enclosed water body), second weekNitrate – Nitrogen (enclosed water body), third weekNitrate – Nitrogen (enclosed water body), fourth weekPhosphorus (enclosed water body) Phosphorus (enclosed water body), first weekPhosphorus (enclosed water body), second weekPhosphorus (enclosed water body), third weekPhosphorus (enclosed water body), fourth weekQuality of sewage discharged (unit in mg/L) for existing sewage treatment systems
Parameter First Week Date: …… Second Week Date: …… Third Week Date: …… Fourth Week Date: …… BOD₅ at 20°C BOD₅ at 20°C, first weekBOD₅ at 20°C, second weekBOD₅ at 20°C, third weekBOD₅ at 20°C, fourth weekCOD COD, first weekCOD, second weekCOD, third weekCOD, fourth weekSuspended Solids Suspended Solids, first weekSuspended Solids, second weekSuspended Solids, third weekSuspended Solids, fourth weekOil and Grease Oil and Grease, first weekOil and Grease, second weekOil and Grease, third weekOil and Grease, fourth week
NOTE:* (a) The flowrate and concentration of sewage at the point of discharge as determined in accordance with the sampling procedure and method of analysis as specified in regulation 9. (b) Sewage treatment systems with less than 5000 population equivalent (P.E.) shall conduct sampling once a month only.
SECTION III
DECLARATION
hereby declare that all information given in this form is to the best of my knowledge and belief true and correct.
SIXTH SCHEDULE (Regulation 11) - SPECIFICATIONS OF POINT OF DISCHARGE OF SEWAGE
- 1.The discharge point is located within the boundary of the sewage treatment system, immediately after its final unit operation or unit process.
- 2.The location of the discharge point is easily accessible and does not pose any safety hazards to personnel performing site inspection or sewage sampling.
- 3.The leachate is discharged through a pipe, conduit or channel to facilitate sewage sampling.
- 4.The discharge point is physically identified by installing a metal identification sign which reads “Final Discharge Point”.
- 5.The discharge point and its surrounding is properly maintained to be free from any obstruction that may pose difficulty or hazards during site inspection or sewage sampling.
SEVENTH SCHEDULE (Regulation 24) - METHOD OF COMPUTING SEWAGE-RELATED LICENCE FEE
- 1.For existing sewage treatment systems, the sewage-related licence fee is computed as follows:
- 2.For new sewage treatment system, the sewage-related licence fee is computed as follows: