Asian Network for Prevention for Illegal TBM of Hazardous Waste Workshop BORDER CONTROL PRACTICE : ILLEGAL TRAFFIC TAKE BACK PROCEDURE
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1 Asian Network for Prevention for Illegal TBM of Hazardous Waste Workshop BORDER CONTROL PRACTICE : ILLEGAL TRAFFIC TAKE BACK PROCEDURE Ministry of Environment and Forestry Republic of Indonesia
2 LEGAL BASIC FOR WASTE IMPORTATION 1. Act No. 32/2009 regarding Enironemntal Protection and Management, article 69: Everyone is prohibited to do the following point (1.c). Bring in wastes from outside of Indonesia into the living environment of Indonesia (explanation: except for those governed by the law and regulations) point (1.d). Bring in HW into Indonesian territory 2. Government Regulation No. 18/1999 regarding Hazardous waste Management, article 53: point (1) : Everyone is prohibited to import hazardous waste 3. Act No. 18/2008 regarding Domestic Solid Waste Management, article 29: Everyone is prohibited to bringing in domestic solid waste into Indonesia territory 4. Ministry of Trade regulation No. 39/2009, article 6: Point (1) Every non hazardous waste importer should provide statement letter from the exporter to make sure non hazardous waste being imported is not hazardous waste 2
3 NON HAZARDOUS WASTE RECOMMENDATION Act No. 32/2009 Gov.Regulation No.18/1999 Regarding Hazardous Waste Management Ministry of Trade regulation No.39/2009 Act No. 18/2008 Domestic Solid Waste Management 3
4 CONSIDERATION FOR NON HW IMPORTATION SOME LOCAL INDUSTRIES STILL NEED NON HW AS RAW MATERIAL FOR THEIR PROCESS SOME MATERIALS NEEDED IS NOT PROVIDED IN INDONESIA SUCH AS : SPECIAL PAPER FOR CORN BLOCK DESIGN
5 IMPORTATION IDENTIFICATION PROCEDURE FOR ILLEGAL TRAFFIC MECHANISM Investigation Report Customs : identfiication of some suspicious containers Request assistance to the MOE Cooporation inspection between MOE (technical unit) and Customs Investigation by MOE Investigator Formal letter from MOE to related institution (MOT, MOI, Customs) stated: the result of investigation process amount of containers which indicated clean and containers contain hw/domestic waste Court Process Legal sampling Expetise witnesses Repatriation Implementation Legal basic: Court decision MOT regulation, article 6.2 (90 days) Basel convention, article 9 Procedure : G-G communication (Indonesia Basel and original country Basel Focal Point) formal letter re: repatriation of illegal container Notification from original country Documentation needed to reexport : customs procedure 5
6 PICTURES OF ILLEGAL CONTAINERS CONTAIN METAL SCRAP CONTAMINATED WITH HAZARDOUS WASTES AND MIXED WITH DOMESTIC WASTE
7 PICTURES OF ILLEGAL CONTAINERS CONTAIN METAL SCRAP CONTAMINATED WITH HAZARDOUS WASTES AND MIXED WITH DOMESTIC WASTE SAMPLE 7
8 PICTURES OF ILLEGAL CONTAINERS CONTAIN METAL SCRAP CONTAMINATED WITH HAZARDOUS WASTES AND MIXED WITH DOMESTIC WASTE SAMPLE FOOTER 8
9 SAMPLE FOOTER 9
10 SAMPLE FOOTER 10
11 SAMPLE FOOTER 11
12 CLEAN CONTAINERS SAMPLE FOOTER 12
13 CLEAN CONTAINERS 13
14 LABORATORY ANALYSIS TCLP TEST RESULT : ZN (73, MG/L) > STANDARD REGULATION (50, 0 MG/L) CHARACTERISTIC TEST : REACTIVE (SULFIDE CONCENTRATION IS HIGH) SAMPLE IS CLASSIFY AS HAZARDOUS WASTE
15 ADMINISTRATION SANCTION AND COURT SANCTION 1. ACT NO.32/2009, ARTICLE 106: -ADMINISTRATION SANCTION : US$ 500,00 US$1,500,000 -COURT SANCTION : PRISONER 5 15 YEARS 2. ACT NO. 18/2008 : -ADMINISTRATION SANCTION : US$ 10,00 US$300,000 -COURT SANCTION : PRISONER 3 9 YEARS 15
16 TERIMA KASIH THANK YOU UPIK SITTI ASLIA KAMIL DIVISION HEAD FOR NOTIFICATION AND RECOMMENDATION ON WASTE TRANSBOUNDARY MOVEMENT MINISTRY OF ENVIRONMENT INDONESIA USASLIA@YAHOO.COM 16
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