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 WASTE
 
Requirements for B3 Waste
 
The 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]
 

a.	Total pollutants concentration test, in order to determine a suitable category for the landfill facility;
b.	Toxicity Characteristic Leaching Procedure (TCLP) test, in order to predict the leaching potential of any toxic and hazardous waste substances;
c.	Radioactive-contamination-level test (only for Category 2 - B3 Waste produced by specific sources);[5]
d.	Paint-filter test, in order to observe if the waste contains any free fluid;
e.	B3 Waste characteristics, organic substances and forms test; and
f.	Compressive-strength test (only for any B3 Waste which is managed through a process of stabilization or solidification).

 
The aforementioned tests must be undertaken at accredited laboratories, except for the test described in point (d). If accredited laboratories are not available, then the tests may be conducted at laboratories which satisfy the Indonesian national standards for laboratories.[6]
 
Requirements for Landfill Facilities
 
The 2016 Regulation further requires that any landfill facilities for B3 Waste disposal possess the following:[7]
 

a.	A plan of the facility’s design;
b.	Coating system, which should contain:  i) Channels for surface water-flow management; ii) A leach-water reservoir and its management; iii) A monitoring well; and iv) A final coating layer;
c.	Supporting equipment, which should at least consist of: i) Emergency equipment; ii) B3 Waste carrier; and iii) Safety and protection equipment; and
d.	Plans for the implementation of any B3 Waste disposal, including closure and post-closure plans for any landfill facilities.

 
Note that the 2016 Regulation divides landfill facilities into three classes (i.e. Class I, II and III)[8] in relation to the composition and order of the coating systems which are employed at each type of facility, as specified under Articles 5 to 7 of the 2016 Regulation.
 
Furthermore, the 2016 Regulation also specifies a number of requirements which have to be met by any landfill-facility locations, as follows:[9]
 

a.	Must have been flood-free for at least a century;
b.	Must satisfy a certain level of land permeability;
c.	Must be geologically safe and stable, not prone to any disasters, and not located within any protected areas;
d.	Must not function as groundwater absorption areas (hydrogeology);
e.	Must satisfy certain surface hydrology criteria.

 
These requirements differ from the location requirements regulated under the 1995 Regulation, which included two additional factors, namely: climate and precipitation, as well as flora and fauna.[10] Furthermore, the 1995 Regulation also required that landfill facilities be in possession of an administrative office, a warehouse facility, a vehicle washing machine, a parking lot and an emergency shower.[11]
 
Requirements for Disposers
 
After setting out the various requirements which have to be met by B3 Waste and landfill facilities, the 2016 Regulation goes on to set out the requirements for any Disposers who are looking to secure a B3 Waste-Management License before commencing with the disposal of any B3 Waste.[12] Specifically, a number of documents have to be submitted to the Ministry, including:[13]
 

a.	Copy of an environmental licenses;[14]
b.	Disposer’s identity or deed of establishment (for any Disposers which are legal-entities);
c.	Documents which outline the following information: i. Name, source, characteristics and amount of any B3 Waste which will be disposed of; ii. Location for the storage of any B3 Waste; iii. Methods for the storage of any B3 Waste; iv. Location and facilities for the disposal of any B3 Waste; v. Details which relate to the design, technology, methods and processing of any B3 Waste disposal regime.
d.	Procedures for the disposal of any B3 Waste;
e.	Proof of ownership of environmental-pollution countermeasure funds;
f.	Other documents, as required under other applicable laws and regulations.

 
B3 Waste-Management Licenses are valid for 10 years (and are extendable)[15] and must contain the following information:[16]
 

a.	License holder’s identity;
b.	License expiration date;
c.	Environmental requirements;
d.	Obligations for license holders;
e.	Prohibitions on license holders; and
f.	License monitoring.

 
PROCEDURES FOR THE DISPOSAL OF B3 WASTE
 
Once the aforementioned requirements have been met, B3 Waste may be disposed of at official landfill facilities under the following conditions:[17]
 

a.

The disposal of any B3 Waste is to be determined with due consideration being paid to the characteristics, shape and size of the B3 Waste in question, as well as to the capabilities and capacities of the landfill facility in question;[18]

b.

The Disposer should also undertake the following measures: i. Manage any leach waters which result from any B3 Waste disposal activities; ii. Check any ancillary equipment which is involved in the disposal of B3 Waste; iii. Maintain any B3 Waste-disposal equipment in the possession of the landfill facility; and iv. Monitor the condition of the local environment before reporting to the Ministry on a quarterly basis.[19]

 
The requirements and procedures for each of the measures set out in point (b) above are similar to those which were originally specified under Articles 18 to 20 of the 2016 Regulation. For example, Disposers had to check any ancillary disposal equipment by:[20]
 

a.	Implementing a leakage-detection system;
b.	Examining any drainage, embankment and leaching water channels.

 
DISCONTINUANCE OF B3 WASTE DISPOSAL
 
The Ministry may issue a stipulation covering any holders of B3 Waste Management Licenses who have already completed their B3 Waste disposal activities at landfill facilities, or who intend to:[21]
 

a.	Shut down their businesses and/or activities; or
b.	Change the function of any landfill facility, or relocate a landfill location.

 
In order to secure such a stipulation, the relevant license holder should submit their identities as well as reports on the realization of any B3 Waste-disposal and environmental-recovery activities.[22]
 
Note that any such Ministry stipulation does not automatically release a B3 Waste-Management License holder from the obligation to restore the environment. In addition, such license holders are also still obliged to close, maintain and monitor the landfill facilities in question, even after the stipulation has been issued.[23]
 
The 2016 Regulation has been in force since 4 August 2016.[24]_RP