Assign Law....Tolong Tambah Introduction and Editt Analysis n Finding n Check Btul x Penalty Tu

8/12/2019 Assign Law....Tolong Tambah Introduction and Editt Analysis n Finding n Check Btul x Penalty Tu

1/6


2/6

List of Contents

Contents Pages

Introduction

Analysis

Findings

Recommendations

List of references


3/6

Analysis and Findings

1. An enforcement visit on a textile company ABC Sdn. Bhd. Found the factory

has been illegally operating since last 5 yeras without any approval from the agencygovenment. It was damage treatment aquatic plants or aquatic animals, raw effluent

discharged directly into the river. Results of chemical analysis of effluent found that it

contains heavy metals that exceed the permissible limit.

2.

The enforcement visit by the authorities to ABC Sdn Bhd. Has suspect

somthing. The investigation shows the company has been operating illegally for 5

years without any licenses or approvals from government agencies. The company is a

textile factory that built next to the river. All waste materials from the plant has been

channeled directly into nearby rivers without manual or mechanical filtering.

3. During their visit the authorities have inspected the area surrounding the plant.

Inspection covers areas in and outside the factory. Nearby river of muddy water color

show and there terampung fish in the water. In addition, vessels from the mill is

directly adjacent to the river. Since even low concentrations of heavy metals can

cause serious harm to aquatic ecosystems, very sensitive and precise instruments are

required to appropriately measure these substances in water samples. Technically

speaking, a measure of the availability of heavy metals to the first trophic level of

organisms can made by taking the fraction extracted by a hydroxylamine

hydrochloride reagent or by a chelating cation exchange resin.


4/6

Regulations involved are:

a)

ENVIRONMENT QUALITY ACT 1974

i.

Part III, Regulation 13 No 1,3, 4 and 5

ii.

Part IV, Regulation 21

iii.

Part IV, Regulation 25 No 1, 2, and 3

iv.

Part IV, Regulation 29 No 1 and 2

Penalty:

Duration and renewal of licenses

13. (1) A license shall, unless otherwise specified in the license

or in any regulations made hereunder, remain in force for a period

of one year from the date of its issue and may be renewed upon

Application made within the time stipulated hereunder.

(2) The holder of a license who desires to obtain a renewal of

the license shall, at any time being not less than three months nor

more than four months before the date of the expiration of thelicense or of the subsisting renewal thereof, as the case may be,

apply in such form as may be prescribed to the Director General

for a renewal of the license.

(3) Any person who fails to apply for renewal within the time

specified in subsection (2) shall pay a late fee of one per centum

of the license fee or ten ringgit whichever is the greater for every

day of delay.

(4) Where any application for renewal is made after the expiry

of the license the Director General may refuse to renew same or

may renew subject to an imposition of an expiry fee not exceeding

five hundred per centum of the license fee or ten thousand ringgit

whichever is the greater.

(5) Where any application is made by post, the date on the

postmark on the envelope shall be deemed to be the date on which

the application was made and in case where the Director General

is unable to ascertain the date on the postmark, the application

shall be deemed to have been made three days before the date on

which such application was received by the Director General.


5/6

Power to specify conditions of emission, discharge, etc.

21. The Minister, after consultation with the Council, may by

regulations specify the acceptable conditions for the emission,

discharge or deposit of environmentally hazardous substances,

pollutants or wastes or the emission of noise into any area, segmentor element of the environment and may set aside any area, segment

or element of the environment within which the emission, discharge

or deposit is prohibited or restricted.

Restrictions on pollution of inland waters

25. (1) No person shall, unless licensed, emit, discharge or deposit

any environmentally hazardous substances, pollutants or wastes

into any inland waters in contravention of the acceptable conditions

specified under section 21.

(2) Without limiting the generality of subsection (1), a person

shall be deemed to emit, discharge or deposit wastes into inland

waters if

(a) he places any wastes in or on any waters or in a place

where it may gain access to any waters;

(b) he places any waste in a position where it falls, descends,

drains, evaporates, is washed, is blown or percolates or

is likely to fall, descend, drain, evaporate or be washed,

be blown or percolated into any waters, or knowingly or

through his negligence, whether directly or indirectly,causes or permits any wastes to be placed in such a

position; or

(c) he causes the temperature of the receiving waters

to be raised or lowered by more than the prescribed

limits.

Prohibition of discharge of wastes into Malaysian waters

29. (1) No person shall, unless licensed, discharge environmentally

hazardous substances, pollutants or wastes into the Malaysian waters

in contravention of the acceptable conditions specified under

section 21.

(2) Any person who contravenes subsection (1) shall be guilty

of an offence and shall be liable to a fine not exceeding five

hundred thousand ringgit or to imprisonment for not exceeding

five years or to both.


6/6

Recommendations

established prohibitions and requirements concerning closed and abandoned

hazardous waste sites;

provided for liability of persons responsible for releases of hazardous waste at

these sites; and

Established a trust fund to provide for cleanup when no responsible party could be

identified.

The law authorizes two kinds of response actions:

Short-term removals where actions may be taken to address releases or threatened

releases requiring prompt response.

Long-term remedial response actions that permanently and significantly reduce

the dangers associated with releases or threats of releases of hazardous substancesthat are serious, but not immediately life threatening.

Reference:

Documents

Assign Law....Tolong Tambah Introduction and Editt Analysis n Finding n Check Btul x Penalty Tu