New Governor of Jakarta Regulation on Wastewater Disposal Licenses

Governor of DKI Jakarta Regulation No. 220 of 2010 on Wastewater Disposal Licenses (‘Regulation’) has been issued as one of the efforts of the regional government to limit the liquid waste that is being disposed in public waters/water resources, so that the public can utilize the water resources as required. Further, the Regulation aims to provide a legal framework that is adequate for the present conditions in Jakarta.

Each person and legal entity that is subject to environmental laws and regulations, that disposes of liquid waste into public waters has to possess a waste disposal license that is issued by the Governor (Article 3 (1)). There are 3 stages to obtaining the license: submission of an application, application analysis and evaluation, and the issuance of the license. In submitting the application, the applicant has to meet: (i) administrative requirements, among others: corporate documents (if the applicant is a legal entity), environmental documents, duly stamped statement letter stating a willingness to conform to the license requirements and the prevailing laws and regulations, and (ii) technical requirements, among others: pollution prevention efforts, minimization of waste disposal, and assessment on waste disposal effects on animals, plants, and the quality of land (Article 4).

Subsequently, the regional government, by means of a secretary and evaluation teams, will examine and evaluate the administrative and technical requirements submitted by the applicant. If the application has fulfilled the stipulated requirements, a license will be issued (within 20 working days of the submission of a completed application) in the form of a decision of the head of the regional environmental management agency, with a period of validity of 5 years, and a possibility of extension (Article 6).

Failing to secure a license, as required by Article 3 (1), will be subject to temporary closure of the wastewater drainage, suspension of the activities generating the wastewater, and the sealing of all wastewater drainage. Further, failing to comply with obligations set out by the Regulation will be subject to certain administrative sanctions, such as warnings and license revocation. License revocation is further elaborated on in Article 12. 

All wastewater disposal licenses issued prior the enactment of the Regulation will remain valid until their expiry date. However, license applications that are still being processed will be adjusted pursuant to the Regulation.

The Regulation repeals and replaces Governor of Jakarta Decision No. 30 of 1999 on Liquid Waste Disposal Licenses in the DKI Jakarta Area.

The Regulation has been in force since 10 January 2011.