[Home]

DECISION BY THE HEAD OF

ENVIRONMENTAL IMPACT MANAGEMENT BUREAU

NUMBER : KEP-02/BAPEDAL/01/1998

REGARDING

THE SUPERVISING PROCEDURES FOR HAZARDOUS AND TOXIC WASTES

MANAGEMENT IN REGIONAL AREA

HEAD OF ENVIRONMENTAL IMPACT MANAGEMENT BUREAU

Considering: a. that in order to implement the Supervision for Hazardous and Toxic
Wastes Management in Provincial Area, it is deemed necessary to
establish decision by the Head of Environmental Impact
Management Bureau regarding the Supervising Procedures for
Hazardous and Toxic Wastes Management in Regional Area;

Recalling: 1. Law Number 5 Year 1974 regarding The Provincial Government

Basic Regulations (State Gazette Number 38, Supplement to State
Gazette Number 3037);

2. Law Number 23 Year 1997 regarding The Environmental

Management (State Gazette Number 68 Year 1997, Supplement to
State Gazette Number 3699);

3. Government Regulation Number 19 Year 1994 regarding Hazardous

and Toxic Wastes Management (State Gazette Number 26 Year 1994,
Supplement to State Gazette Number 3551), which had been

_______________________________________________________________________________________________________________________PT. ERM INDONESIA

EIA2-1998 1
 replaced by the Government Regulation Number 12 Year 1995
regarding the Revision of Government Regulation Number 19 Year
1994 regarding Hazardous and Toxic Wastes Management (State
Gazette Number 24 Year 1995, Supplement to State Gazette Number
3595);

4. Government Regulation Number 6 Year 1988 regarding Provincial

Coordination in Vertical Industry Activities (State Gazette Number
10 Year 1988, Supplement to State Gazette Number 3573);

5. President’s Decision Number 77 Year 1994 regarding Environmental

Impact Management Bureau;

6. Head of Environmental Impact Management Bureau Decision

Number 135 Year 1995 regarding Organization and Work Procedures
of Environmental Impact Management Bureau;

7. Head of Environmental Impact Management Bureau Decision

Number 136 Year 1995 regarding Organization and Work Procedures
of Environmental Impact Management Bureau in Regional Areas;

DECIDED

To Establish: DECISION BY THE HEAD OF ENVIRONMENTAL IMPACT

MANAGEMENT BUREAU REGARDING THE SUPERVISING
PROCEDURES FOR HAZARDOUS AND TOXIC WASTES
MANAGEMENT IN REGIONAL AREA

Article 1

Hereonforth in this decision, the meaning of :

1. The Environmental Impact Management Bureau, hereonforth in this Decision

shall be named the ‘BAPEDAL’, is a Non-Departmental Government Institution that
hierarchically is positioned as an understudy of and reporting to the President.
_______________________________________________________________________________________________________________________PT. ERM INDONESIA
EIA2-1998 2
2. The Regional Environmental Impact Management Bureau, hereonforth in this
Decision shall be named the ‘BAPEDAL WILAYAH’, is the partial executor of
BAPEDAL’s tasks and that hierarchically is positioned as an understudy of and
reporting to the Head of BAPEDAL.
3. Regional Government are First Level and Second Level Regional Government.
4. The First Level Region Environmental Impact Management Bureau, in
abbreviation “Bapedalda Tingkat I” is the regional tool which has the task to help
Regional Governor in building and coordinating the environmental management
executor by the First Level Environmental Impact Management Bureau or Bapedalda
Tingkat I in the given area.
5. The Second Level Region Environmental Impact Management Bureau, in
abbreviation “Bapedalda Tingkat II” is the regional tool which has the task to help
Regent and Mayor in executing the environmental management executor in the related
second level region.
6. Hazardous and Toxic Waste, named “Limbah B3” is every waste that contains
hazardous and/or toxic material which because of its property and/or concentration
and/or amount, direct or indirectly has the possibility to damage and/or soil the
environment and/or dangerous to the human heath.
7. Hazardous and Toxic Waste Management is a chain of activities which include
storing, collecting, transporting, using, processing the hazardous and toxic waste as
well as piling the result of the processing stated above.
8. Supervision is an effort which include observing the principle guidance arrangement
and technical and administrative requirements by the producer, user, collector,
processor including hazardous and toxic waste stockpiler.
9. Venture is man by person, or working group which eligible by the law to manage
hazardous and toxic waste.
10. Monitoring is an effort to check the technical and administrative requirements by the
producer, user, collector, processor including hazardous and toxic waste stockpiler.

Article 2
The Supervision of hazardous and toxic waste management is to be done by the Second
Level Regional Government which include :
a. Socialize the regulation regarding hazardous and toxic waste management;
b. Conduct the inventory listing of businesses which produce hazardous and toxic waste;
c. Conduct the inventory listing of businesses which process and store hazardous and
toxic waste;
d. Assists BAPEDAL in the monitoring of business proponents that had been issued with
permits to manage hazardous and toxic wastes by the BAPEDAL from the
activities/work area as listed in the attachment of this stipulation 2 (two) times in one
year;

_______________________________________________________________________________________________________________________PT. ERM INDONESIA

EIA2-1998 3
e. Issues first warnings to the activities/businesses as listed in the attachment of this
decision who do not obey the stipulations in hazardous and toxic waste management
and issues the next warning plus sanctions by the BAPEDAL;
f. Reports to BAPEDAL cq. Division of hazardous and toxic waste management about
the location of hazardous and toxic waste stockpiling and dumping in the region who
did not comply with the stipulations.

Article 3
The Monitoring of hazardous and toxic waste management is to be done by the First Level
Regional Government which include:
a. Producers of hazardous and toxic wastes having the potential of cross-border
contamination which is beyond the duties and responsibility of Second Level region
shall become the duties and responsibility of First Level region to monitor them.
b. Coordinating the socialization of the regulation regarding hazardous and toxic waste
management to the Second Level Bapedalda in the related region.
c. Producers of hazardous and toxic wastes having the potential of cross-border
contamination which is beyond the duties and responsibility of first level region shall
become the duties and responsibility of Bapedal Wilayah to monitor them.

Article 4
(1) The supervision of hazardous and toxic waste management to be implemented by the
BAPEDAL WILAYAH includes :
a. Coordinating the socialization of the regulation regarding hazardous and toxic
waste management;
b. Coordinating technical guidelines, laboratory and descriptions of documents
regarding hazardous and toxic waste management;
c. Coordinating technical guidance and descriptions of form-filling procedures for
permit requests to manage own hazardous and toxic wastes to the Regional
Government;
d. Upon request by Hazardous and Toxic Waste Management Directorate, to assist
the Hazardous and Toxic Waste Management Directorate in monitoring the
implementation of Hazardous and Toxic Waste Management Permit alongside
with Hazardous and Toxic Waste Management Directorate;
e. Assist the Hazardous and Toxic Waste Management Directorate in the efforts to
monitor any entry of Hazardous and Toxic Wastes into local ports when
requested by the Customs and Excise Directorate General;
(2) The supervision of hazardous and toxic waste management in Java and Kalimantan
islands is to be done by Bapedal.

_______________________________________________________________________________________________________________________PT. ERM INDONESIA

EIA2-1998 4
 Article 5
The Regional Government and the Bapedal Wilayah has the obligation to report their
activities to Bapedal cq. Directorate of Hazardous and Toxic Waste Management at a
minimum once every 6 (six) months.

Article 6
All costs for implementing this decision:

(1) On the regional level will be charged to the Region’s Budget and/or other sources of
fund based on valid and current regulations.
(2) BAPEDAL will be taken from BAPEDAL’s Routine Budget and BAPEDAL’s Project
and/or other source of fund based on the valid regulation.
(3) BAPEDAL WILAYAH will be taken from BAPEDAL WILAYAH’s Routine Budget
and/or other source of fund based on the valid regulation.

Article 7
All matters which not included in this Decision shall be decided later.

Article 8
This Decision will be enforced on the date of its promulgation.

Promulgated in : Jakarta

Date : January, 23 th 1998

Head of Environmental Impact Management

Bureau

signed

Sarwono Kusumaatmadja

Copy of this Decision was sent to :

1. Minister of Internal Affair.
_______________________________________________________________________________________________________________________PT. ERM INDONESIA
EIA2-1998 5
2. Minister of National Development Planning/Head of Bapenas.
3. Governor of First Level Regions in Indonesia
4. Regent/Mayor of Second Level Regions in Indonesia
5. Head of 1st, 2nd, 3th Level Environmental Impact Management Bureau

_______________________________________________________________________________________________________________________PT. ERM INDONESIA

EIA2-1998 6
Attachment to : Decision by Head of Environmental Impact Management Bureau
Number : Kep-02/BAPEDAL/01/1998
Date : January 23th 1998

ACTIVITIES AND/OR WORK AREA

NO ACTIVITIES AND/OR WORK AREA

1 Printing
2 Workshops
3 Photo printing
4 Used-Lubricant Oil Collector
5 Skin Industries
6 Type C and D Hospitals
7 Laboratory
8 Outdated Pesticide Management
9 Laundry & Dry Cleaning

Promulgated in : Jakarta

Date : January, 23 th 1998

Head of Environmental Impact Management

Bureau

signed

Sarwono Kusumaatmadja

_______________________________________________________________________________________________________________________PT. ERM INDONESIA

EIA2-1998 7