Understanding Indonesia’s New Waste Management Policy for Hazardous Materials

 

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Understanding Indonesia’s New Waste Management Policy for Hazardous Materials

In 2020, the Indonesian government introduced Government Regulation No. 27 of 2020 concerning Specific Waste Management, focusing on handling waste containing hazardous and toxicmaterials (Bahan Berbahaya dan Beracun – “B3 materials”). This regulation aimed to reduce and manage such waste through specific procedures to protect the environment and public health. Recognizing the need for further guidance, the Minister of Environment and Forestry of the Republic of Indonesia (“MOEF”) released the MOEF Regulation Number 9 of 2024 concerning the Management of Waste Containing Hazardous and Toxic Materials and Hazardous and Toxic Waste (“MOEF Reg 9/2024”) on 1 July 2024, which strengthens the framework for managing hazardous waste. This regulation covers the full lifecycle of B3 waste, from generation to disposal, and outlines the roles of governments, businesses, and the public in ensuring safe and sustainable waste management.

By setting clear standards, the regulation aims to reduce the risks of hazardous waste, encourage the use of eco-friendly technologies, and raise public awareness about the importance of proper waste handling. The ultimate goal is to protect the environment and public health, promoting sustainable development for present and future generations.

Classification of B3 Materials and Waste based on MOEF Reg 9/2024

MOEF Regulation No. 9/2024 distinguishes B3 materials waste into 2 (two) distinct categories which are sampah B3 and limbah B3. Sampah B3 refers to the solid waste resulting from everyday human activities or natural processes that contains B3 materials. This includes items such as household products with B3 content that are no longer in use, empty containers previously holding B3 products, unused electronic devices, and other discarded products or packaging containing B3 materials.

In contrast, limbah B3 refers to waste generated from industrial, agricultural, or production activities. This type of waste can be in the form of liquid, gas, or solid and often includes chemicals or hazardous materials.

The Reduction, Handling, Sorting, Handling and Processing of B3 Materials Waste

  1. Reduction of B3 Materials Waste [1]:
  2. The reduction of B3 materials waste, focuses on minimizing the generation and improving the management of hazardous waste. The main strategies include limiting waste generation, recycling, and reusing waste. To limit waste generation, individuals and businesses are encouraged to select products that:

    • Contain eco-friendly chemicals with low toxicity, no environmental impact, and no harmful residues.
    • Have clear instructions for use, storage, and post-use handling.
    • Are recyclable.
    Recycling involves processing B3 waste into useful raw materials or products, while reusing entails using all or part of the waste again. Both activities require businesses to have the proper licenses for B3 waste management. If recycling or reusing waste is not feasible, the waste must be handed over to an authorized Specific Waste Management Facility (“FPSS”).

  3. Handling of B3 Waste:
  4. The handling of B3 waste involves several key stages: sorting, collection, transportation, processing, and final disposal.[2]: These stages are designed to ensure proper management and minimize the risks associated with hazardous waste.

    1. Sorting[3]:
      1. Sorting must be conducted at the source, by both individuals and facility managers (residential, commercial, industrial, and public spaces).
      2. Waste is categorized into:
        • Household products containing B3.
        • Used packaging of products containing B3.
        • Damaged or unused electronics.
        • Expired, spilled, or non-compliant B3 substances.
        • Facility managers are required to provide specific color-coded containers for different types of B3 waste:
          1. Red: Household B3 products.
          2. Orange: Used packaging of B3 products.
          3. Black: Damaged or unused electronics.
          4. Brown: Expired, spilled, or non-compliant B3 substances.
      3. Containers must be watertight, have covers, be easy to move, clean, and sized according to waste volume.

    2. Collection[4]:
      1. Responsible Parties:
        • Regents/Mayors collect sorted B3 waste from residential areas.
        • Facility Managers handle waste collection in residential, commercial, industrial, and public areas.
      2. Waste Collection Points:
        • Waste is collected at the FPSS
        • Regents/Mayors can place sorting containers at waste banks, recycling centers, and public buildings to optimize collection.
      3. Considerations for Container Placement:
        • Distance to FPSS and coverage of the served residential area.
      4. Facility Manager Requirements:
        • Provide Temporary Storage Facilities for B3 Waste (“TPSSS-B3”) or collection tools designed to transport sorted waste.
      5. Collection Tools:
        • Must be designed to move waste from sorting containers to TPSSS-B3 and ensure proper categorization based on waste types.

    3. Processing[5]:
      1. Collected Waste: B3 waste gathered at FPSS and TPSSS-B3 must undergo transportation, processing, and final disposal.
      2. Procedures: The handling of B3 waste during transportation, processing, and final disposal follows the regulatory framework outlined in existing laws on hazardous waste management.

    Specific Waste Management Facility and Temporary Storage for B3 Waste

    MOEF Reg 9/2024 also stipulates guidelines for establishing and managing FPSS and TPSSS-B3 for hazardous waste. The Minister, governors, and local authorities are responsible for providing FPSS facilities, either directly or with licensed businesses.[6]: These facilities can be newly built or adapted from existing waste infrastructures, provided they are licensed for B3 waste management. Managers of residential, commercial, industrial, and special zones must provide TPSSS-B3 for temporary B3 waste storage. Existing facilities can serve as TPSSS-B3 if they comply with B3 waste management regulations.[7]: Both FPSS and TPSSS-B3 must meet strict design and operational standards, including emergency equipment, proper signage, and safe storage systems to prevent pollution. FPSS and TPSSS-B3 must have clear organizational structures, procedures for collection and processing, and maintain detailed records of waste. Annual reports are required, with FPSS reporting to the national waste management system and TPSSS-B3 reporting to local authorities. TPSSS-B3 facilities must also register with local governments, providing documentation on pollution control and waste management infrastructure. This ensures safe handling and environmental protection for B3 waste.


    [1] Article 5 of MOEF Reg 9/2024

    [2] Article 9 of MOEF 9/2024

    [3] Articles 10-12 of MOEF Reg 9/2024

    [4] Article 13 of MOEF Reg 9/2024

    [5] Article 17 of MOEF Reg 9/2024

    [6] Article 18 (1) of MOEF Reg 9/2024

    [7] Article 19 of MOEF Reg 9/2024


Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.

 
 

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