Provisions for the Disposal of B3 Waste at Landfill Facilities Regulated in Further Detail

The Ministry of Environmental Affairs and Forestry (“Ministry”) has issued Regulation No. P.63/MENLHK/SETJEN/KU.1/7/2016 on Requirements and Procedures for the Disposal of Toxic and Hazardous Waste Substances at Landfill Facilities (“2016 Regulation”).The 2016 Regulation is an implementation of Government Regulation No. 101 of 2014 on the Management of Toxic and Hazardous Water Substances (“Government Regulation”), [1] which required further provisions relating to the disposal of toxic and hazardous waste substances (limbah bahan berbahaya dan beracun –“B3 Waste”) at landfill facilities, and encompasses the requirements and procedures for any such disposal, as well as for its discontinuation.Prior to the issuance of the 2016 Regulation, these same matters were previously regulated under Decision of Head of the Environmental Impact Management Board (Badan Pengendalian Dampak Lingkungan) Regulation No. 04/BAPEDAL/08/1995 (“1995 Regulation”).The 2016 Regulation is of relevance to all parties which produce B3 Waste, as well as to legal entities which are already engaged in, or which are intending to engage in, the B3 Waste disposal business (collectively referred to as “Disposers”).REQUIREMENTS FOR THE DISPOSAL OF B3 WASTERequirements for B3 WasteThe 2016 Regulation generally requires that all producers of B3 Waste should dispose of their B3 Waste, or assign an official disposal business to do so. [2] Such disposals should take place at landfill facilities, injection wells, ex-mining sites, tailing dams and/or other scientifically developed disposal facilities. [3] However, in order to dispose of B3 Waste at landfill facilities, the 2016 Regulation specifically requires that Disposers should first undertake the following tests: [4]