ENVIRONMENT: Cleaning up a dirty business

Through years of towering waste heaps and leaky, bloated landfills, there have been far too many complaints and no universally acceptable options. Things are about to change, writes ELIZABETH JOHN

THE solid waste problem is one that’s been waiting a long time for a fix. Finally, this week, a part of the solution arrived with the passing of the Solid Waste and Public Cleansing Management Bill.

It promises a little order to the chaos, a clampdown on Malaysia’s throwmania and crucial changes to the way the industry operates.

Authority over solid waste and public cleansing moves from states and local authorities to the federal government.

They now have the power to make agreements with service providers, setting terms, standards and determining the charges and fees for services.

Service providers will be governed by Key Performance Index which will be part of the concession agreements.

With this bill comes the setting up of a specialised government department headed by its very own director-general of Solid Waste and Public Cleansing Management — not one that is forced to look into everything from housing to local government.

A second bill — the Solid Waste and Public Cleansing Management Corporation — will see the creation of a body to enforce the new law.

Service providers, and owners and operators of facilities like landfills, move from being contractors to licensees. Their licences are renewable and revocable.

Failure to keep to the terms of their licence — which includes even the frequency of service — will result in some of the stiffest penalties in the bill.

The corporation can even take over when a licensed service provider becomes insolvent.

It also has responsibilities to consumers. The corporation must ensure that service providers do a proper job and must make efforts to improve operational efficiency.

The new laws do not provide consumers with a direct avenue of complaint like the National Water Forum does.

But it is learnt that the department and corporation will put in place a mechanism to deal with public complaints.

It provides for the Tribunal for Solid Waste Management Services. The tribunal will deal with claims, especially those of fees and charges owed to service providers. It can also deal with customers who are not happy with the charges imposed on them.

The new law gives the government power to deal with problems like scavengers, unregistered collectors of recyclable items and illegal dumping.

The construction of landfills must meet tough requirements and something can be done about those built without proper approval before the law came into force.

There will also be the Solid Waste and Public Cleansing Management Fund to cover the government’s expenses in ensuring continued solid waste management services.

The government can now make rules on recycling.

It can make manufacturers take back and safely dispose off or recycle products.


--------------------------------------------------------------------------------


Waste managers seeking clearer picture



OF the many who’ve been waiting a decade for the new bill on the block, waste industry players and professionals are probably the most worried and excited.

For this group, the first chance to dissect and discuss the recently passed Solid Waste and Public Cleansing Bill comes as quickly as next month.

Although the annual Waste Management Conference and Exhibition is about a myriad issues the industry grapples with, this year, most will be asking all about the bill.

They’ll be hearing from Housing and Local Government Minister Datuk Seri Ong Ka Ting and the ministry’s secretary-general, Datuk Ahmad Fuad Ismail, who are scheduled to speak.

This year, they want to move away from problems and focus on solutions, says K.N. Gobinathan, the vice-president of the co-organisers Ensearch.

"How will the system of private concessionaires work? Will it be a monopoly or is there room for many to participate?

"Hopefully, we’ll get some answers and a chance to express our opinions," he says.

The conference and exhibition is aptly focused on solid waste which the Environmental Management and Research Association of Malaysia considers one of the top environmental problems in the country.

Poor management has led to many problems and public attitude towards waste is not all it should be, says Gobinathan.

Making the bill happen has also been a very slow process, says Ensearch president Peter Ho Yueh Chuen.

And in the many years of the bill’s drafting, tweaking and fine-tuning, the industry has been left in a limbo.

In order for industry to play its role, it needs to know the parameters and downstream industries like recycling must also know where they stand in the larger scheme of things.

"Something must be done after a wait of 10 years and it must be done soon."

Groups like Ensearch will be asking what role they can play as professional organisations.

The association feels that there is much professionals can help the ministry with, especially building capacity.

It is now working towards setting up the Institute of Environmental Professionals to help deal with issues of solid and scheduled waste and environment impact assessments.

The group expects the conference to be of interest to the public and would like to see discussion on public participation and a bigger role for non-governmental organisations.

There will also be a special session on scheduled waste during the two-day conference.

Much of the discussions will revolve around regulations introduced in 2005 and its impact on the industry in the past one-and-a half years, said Ensearch honorary secretary-general Geetha Kumaran.

Hot topics include the prohibition on the trading of scheduled wastes, and the lack of technology and finance to recycle scheduled waste in the country.

The WM 2007 is organised by Ensearch and the Ministry of Housing and Local Government. It will be held at Sunway Pyramid Convention Centre, Petaling Jaya on Aug 7-8.