Eup 222 Lecture 28022018

ENGINEERS IN SOCIETY
LAW FOR ENGINEERS

(ENVIRONMENTAL LAW)
DR. FATEHAH MOHD OMAR

28 FEBRUARY 2018
ENVIRONMENTAL QUALITY
ACT (Act 127)
General Content
REVIEW
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
PART II – ADMINISTRATION
PART III – LICENCES
PART IV – PROHIBITION AND CONTROL OF
POLLUTION
PART V – CONTROL OF SCHEDULED WASTES
PART VA – PAYMENT OF CLASS AND
ENVIRONMENTAL FUND
PART VI – MISCELLANEOUS
PART II
ADMINISTRATION
PART II
ADMINISTRATION
Duties and Functions of Director General and other officers.
[a] To administer the EQA and any regulations and orders

made thereunder.
[b] Responsible to coordinate all activities related to the

waste discharge into the environment.
PART II
ADMINISTRATION
Duties and Functions of Director General and other officers.
[c] To prevent or control pullution and protecting and

enhancing the quality of the environment.
[d] To recommend to the Minister for the environment

protection policy or any portion of the environment with
respect to its protection, enhancement and quality.
PART IV
PROHIBITION AND CONTROL
OF POLLUTION
POLLUTION
Power to specify conditions of emission,
Section 21 discharge, etc.
Section 22 Restrictions on pollution of the atmosphere.
Section 23 Restrictions on noise pollution.
Section 24 Restrictions on pollution of the soil
Section 25 Restrictions on pollution of inland waters.

POLLUTION
Prohibition of discharge of oil into
Section 27 Malaysian waters.
Prohibition of discharge of wastes into
Section 29A Prohibition on open burning.
Section 29AA Exclusion from “open burning”.
Owner or occupier of premises liable for

Section 29B open burning.
AIR POLLUTION
LIST OF SECTIONS & REGULATIONS

AIR POLLUTION
Environmental Quality (Clean Air) Regulations 2014
Environmental Quality (Declared Activities) (Open

Burning) Order 2003
WATER POLLUTION

WATER POLLUTION
Environmental Quality (Delegation of Powers on Marine Pollution
Control) Order 1994
Environmental Quality (Control of Pollution From Solid Waste

Transfer Station and Landfill) Regulations 2009
Environmental Quality (Sewage) Regulations 2009
Environmental Quality (Industrial Effluent) Regulations 2009

SOIL POLLUTION
Environmental Quality (Control of Pollution From Solid

Waste Transfer Station and Landfill) Regulations 2009
Environmental Quality (Delegation of Powers)
(Investigation on Erosion and Sediment Control) Order
2012
DEVELOPMENT
Report on impact on environment resulting
Section 34A from prescribed activities.
Section 34AA Prohibition order for prescribed activities.
Environmental Quality (Prescribed Activities)

(Environmental Impact Assessment) Order 2015
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, segment or 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.
(1) No person shall, unless licensed, emit or discharge any

environmentally hazardous substances, pollutants or wastes into
the atmosphere 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 or discharge wastes into the atmosphere if -
(a)He places any matter in a place where it may be released into
the atmosphere;
(b)He causes or permits the discharge of odours which by virture of
their nature, concentration, volume or extent are obnoxious or
offensive;
(c)He burns any wastes of the trade, process or industry; or
(d)He uses any fuel burning equipment not equipped with any
device or control equipment required to be fitted to such
equipment.
(3) Any person who contravenes subsection (1) shall be guilty of

an offence and shall be liable to a fine not exceeding one
hundred thousand ringgit or to imprisonment for a period not
exceeding five years or to both and to a further fine not exceeding
one thousand ringgit a day for evey day that the offence is
continued after a notice by the DG requiring him to cease the act
specified therein has been served upon him.
Section 23 Restrictions on noise pollution.
(1) No person shall, unless licensed, emit or cause or permit to be emitted

any noise greated in volume, intensity or quality 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 one hundred thousand ringgit or
to imprisonment for a period not exceeding five years or to both and to a
further fine not exceeding five hundred ringgit a day for every day that the
offence is continued after a notice by the DG requiring him to cease the act
(1)No person shall, unless licensed, pollute or cause or

permit to be polluted any soil or surface of any land in
contravention of the acceptable conditions specified
under section 21.
(2)Notwithstanding the generality of subsection (1), a
person shall be deemed to pollute any soil or surface of
any land if -
(a) He places in or on any soil or in any place where it may gain

access to any soil any matter whether liquid, solid or gaseous; or
(b) he establishes on any land a refuse dump, garbage tip, soil
and rock disposal site, sludge deposit site, waste-injection well or
otherwise used land for the disposal of or repository for solid or
liquid wastes so as to be obnoxious or offensive to human beings
or interference with underground water or be detrimental to any
beneficial use of the soil or the surface of the land.
(3) Any person who contravenes subsection (1) shall be guilty of an

offence and shall be liable to a fine not exceeding one hundred
thousand ringgit or to imprisonment for a period not exceeding five
years or to both and to a further fine not exceeding one thousand
ringgit a day for every day that the offence is continued after a
notice by the DG requiring him to cease the act specified therein
has been served upon him.
(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 like 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.
offence and shall be liable to a fine not exceeding one hundred
thousand ringgit or to imprisonment for a period not exceeding five
years or to both and to a further fine not exceeding one thousand
ringgit a day for every day that the offence is continued after a
notice by the Director General requiring him to cease the act
(1) No person shall, unless licensed, discharge or spill any oil or

mixture containing oil into Malaysian waters in contravention fo
the acceptable conditions specified under section 21.
offence and shall be liable to a fine not exceeding five hundred
thousand ringgit or to imprisonment not exceeding five years or
to both.
(1) No person shall, unless licensed, discharge environmentally

hazardous substances, pollutants or wastes into Malaysian
waters in contravention fo the acceptable conditions specified
under section 21.
offence and shall be liable to a fine not exceeding five hundred
thousand ringgit or to imprisonment not exceeding five years or
to both.
(1) Notwithstanding anything to the contrary contained in this Act,

no person shall allow or cause open burning on any premises.
offence and shall, on conviction, be liable to a fine not
exceeding five hundred thousand ringgit or to imprisonment not
exceeding five years or to both.
(3) For the purposes of subsection (1) –

“open burning” means any fire, combustion in smouldering that
occurs in the open air and which is not directed there through a
chimney or stack;
“premises” includes any land.
(1) The Minister may declare that any fire is not open burning as defined in
section 29A so long as such activity is carried out in accordance under
conditions that have been specified in the order.
(2) Notwithstanding that any form of fire or smoke under subsection (1), no
person shall allow or cause such fire, combustion or smouldering to occur in
any area if the DG notifies-
(a) that the air quality in the area has reached an unhealthy level; and
(b) that the fire, combustion or smouldering for the purpose of any activity
other than those specified in the notification would be hazardous to the
environment.
(1) If open burning occurs on any premises –

(a)The owner; or
(b)The occupier.
Of the premises who has control over such premises shall be deemed
to have contravened subsection 29A(1) unless the contrary is proved.
QUIZ
1. Under section 2 of Interpretation, “pollutants”
are referred to as:
A. Any type of industrial of manmade discharge that is emitted in
the form of solid, gas or liquid a mixture of at least two of these
substances.
B. Any type of waste regardless of the source from domestic or
industrial that is hazardous to the environment.
C. Any environmentally hazardous substances.
D. Any natural or artificial substances, whether in a solid, semi-solid
or liquid form, or in the form of gas or vapour, or in a mixture
of at least two of these substances, that is emitted, discharged
or deposited.
2. The act of emitting, discharging or depositing
wastes into inland waters falls under section 21
EXCEPT:
A. A person who channels any wastes in or on any waters or in a
place where it may gain access to any waters.
B. A company by the side of the river that releases hot water
causes the temperature of the receiving waters to be raised or
lowered by more the prescribed limits.
C. A person planting paddy in the paddy fields with an interval
schedule of adding organic fertilizer.
D. A restaurant discharging cooking oil and organic food waste
into the sink without a proper grease trap.
3. The common acts of “open burning” falls under
section 29A. Prohibition on open burning EXCEPT:
A. An industrial plant that burns any solids by directing the
smoke through a chimney or stack that is designed to comply
with the Environmental Quality Act.
B. An elderly man raking up and burning a heap of dead
leaves and other garden waste in his backyard.
C. An accidental wild fire breaking out in a forest in
Indonesia.
D. A landfill with piles of solid waste that is burned to reduce
its volume on a private premise.
4. A boss of a local manufacturing company realizes
that his plant is discharging waste into the
environment. In order to comply to the Act, he should
take following preventive measures in order to reduce
the
•
emission quantity EXCEPT:
A. Install and operate any control equipment or additional
control equipment.
B. Adopt any measure to reduce, mitigate, disperse, remove,
eliminate, destroy or dispose of pollutants.
C. Change the monitoring data to be presented to the DOE
enforcement officers during their regular visits.
D. Repair, alter or replace any equipment or control
equipment.
5. What does “scheduled wastes” mean?
A. Solid waste that is disposed, discharged, emitted or

released on a timely basis.
B. Wastes that is disposed, discharged, emitted or released
based on a certain schedule.
C. Any form of waste including liquid, gas or solids that is
discharged, emitted, disposed or released and considered
hazardous towards the environment.
D. Any form of waste including liquid, gas or solids that is
discharged, emitted, disposed or released according to the
timetable determined by the industrial plant.
WHAT’S YOUR SCORE?
ENVIRONMENTAL
QUALITY
(CLEAN AIR)
REGULATIONS
2014
ENVIRONMENTAL QUALITY 1974
ENVIRONMENTAL QUALITY (CLEAN AIR) REGULATIONS 2014
1. Citation
2. Interpretation
3. Application
4. Obligation to comply
5. Obligation to notify
6. Measures to reduce emission
7. Air pollution control system
8. Failure in operations of air pollution control system
9. Performance monitoring of air pollution system
ENVIRONMENTAL QUALITY (CLEAN AIR)
REGULATIONS 2014
10. Maintenance of records
11. Change in occupancy
12. Opacity
13. Limit values and technical standards
14. Prohibition on emission dilution
15. Hazardous substances
16. Periodic monitoring
17. Continuous emission monitoring
18. Emission declaration
19. Owner or occupier of premises to render assistance
20. Failure of control equipment and emergency requirement
REGULATIONS 2014
21. Accidental emission
22. Installation and operation as required by Director General
23. Standard method of sampling and analysis of emissions
24. Prohibition order
25. Licence required to contravene acceptable conditions for
emitting emissions into atmosphere
26. Schedule of required actions
27. Fees
28. False or misleading information
29. Penalty
30. Revocation
REGULATIONS 2014
IN exercise of the powers conferred by sections 21 and 51 of the
Environmental Quality Act 1974 [Act 127], the Minister, after consultation
with the Environmental Quality Council, makes the following regulations:
Citation
1. These regulations may be cited as the Environmental Quality

(Clean Air) Regulations 2014
REGULATIONS 2014
Interpretation
• “sound engineering practice”
Means the manner in which an air pollution control system is

operated where the operational characteristics are
maintained within the range of values as determined by
the Director General
REGULATIONS 2014
Interpretation
• “solid fuel”
Means any solid combustible such as anthracite or semi-

anthracite coal, coke, charcoal, wood, log, timber, fruit
branch, kernel, shell, plant trimming or any solid by-product
of a manufacturing process that may be substituted for any
such fuels
REGULATIONS 2014
Interpretation
• “chimney”
Includes any structure, opening, vent, flue, conduit, outet or

any structure constructed or arranged from or through
which air pollutants may emit, and any reference to a
chimney which serves the whole or a part of the facilities
though structurally separate from such facilities or building
thereron
• Tall chimneys
releasing smog,
dush, dust particles,
etc.
REGULATIONS 2014
Interpretation
• “professional engineer”
Has the same meaning assigned to it in the Registration of

Engineers Act 1967 [Act 1938]
REGULATIONS 2014
Interpretation
• “residential area”
Means an area designated as a residential zone having

clearly demarcated boundaries as defined and which
appears in the gazette local plan prepared by the
appropriate local planing authorities under Part III of the
Town and Country Planning Act [Act 172],….
An industrial park within kilometres from a
residential area
• Industrial park • Residential area

REGULATIONS 2014
Interpretation
• “as-built drawings”
Means any engineering drawing that shows the placement

of facilities as measured after a work is completed
• As-built drawings certified by
a professional engineer
• Schematic illustration
REGULATIONS 2014
Interpretation
• “accredited laboratory”
Means a laboratory that demonstrates competence to

perform specific tests, measurements or calibrations
according to ISO/IEC 17025 or any other scheme
recognized by the Director General
REGULATIONS 2014
Interpretation
• “limit value”
Means the quantity of the substance expressed in terms of

certain specific parameters, concentration, or levels which
shall not be exceeded during normal operation
REGULATIONS 2014
Interpretation
• “performance monitoring”
Means the routine monitoring of certain characteristics to

provide an indication that an air pollution control system is
functional and capable of treating the emission generated
• Air pollution measuring
equipment
REGULATIONS 2014
Interpretation
• “incinerator”
Means any device, apparatus, equipment or structure used

for destroying, reducing or salvaging or waste heat
recovery by fire or by burning any material or substance
including refuse, rubbish, garbage, agricultural waste, trade
waste, debris or scrap or a facility for cremating animal
remains
• Incinerator to burn
solid hazardous waste
produces air
pollutants i.e. dioxins
and furan
REGULATIONS 2014
Interpretation
• “air pollutants”
Means smoke, cinders, solid particles of any kind, gases,

fumes, mists, odours and radioactive substances or any
other substances which the Minister may by notification in
the Gazette declares to be air pollutants for the pusposes of
these Regulations;
REGULATIONS 2014
REGULATIONS 2014
Interpretation
• “air pollutant control system”
Means any facilities designed and constructed for the

purpose of preventing or reducing the potential emission
that causes air pollution, and includes the extraction
system, control equipment and chimney
ENVIRONMENTAL QUALITY (CLEAN AIR) REGULATIONS 1978
Interpretation
• “air impurities”
Includes smoke, soot, dust, ash ( including flyash), cinders,

grit, solid particles of any kind inclusive of particulates,
gases, fumes, mist, odours and radioactive substance
which are generated as a result of combustion of fuel and
the like, or a result of the use of electricity as a heat source,
or a result of synthesis, resolution or any other treatment and
any other substance which may be designated by the
Minister as those which are liable to affect adversely the
human health or the living environment;
REGULATIONS 2014
Application
3. These Regulations apply to-
(a) Any premises used for any industrial or trade purposes,

or on which matter is burnt in connection with any industrial
or trade purposes, including burning of waste, whether or
not the premises are prescribed under section 18 of the Act;
REGULATIONS 2014
Application
3. These Regulations apply to-
(b)Any other premises or process that discharges or is

capable of discharging air pollutants into the open air;
(c) Any industrial plant; and
(d) Any fuel burning equipment.
• Burning of paddy straw
• Mining/Quarry sites
• Fossil fuel burning

ENVIRONMENTAL
QUALITY
(SEWAGE)
REGULATIONS
2009
ENVIRONMENTAL QUALITY (SEWAGE)
REGULATIONS 2009
IN exercise of the powers conferred by sections 21, 24, 25 and 51 of the
Environmental Quality Act 1974 [Act 127], the Minister, after consultation
with the Environmental Quality Council, makes the following regulations:
Citation
1. These regulations may be cited as the Environmental Quality

(Sewage) Regulations 2009.
ENVIRONMENTAL QUALITY
(SEWAGE) REGULATIONS 2009
• Formerly known as Environmental Quality (Sewage and

Industrial Effluent) 1979
• Divided later into two separate regulations
(i) Environmental Quality (Sewage) Regulations 2009.
(ii) Environmental Quality (Industrial Effluent) Regulations 2009.
REGULATIONS 2009
Interpretation
• “sludge”
Means any deposit of particulate matter settled from a

liquid, including deposit resulting from physical, chemical,
biological or other treatment of sewage.
REGULATIONS 2009
Interpretation
• “sewage”
Means any liquid waste or wastewater discharge

containing human, animal, domestic or putrescible matter
in suspension or solution, and includes liquids contaning
chemicals in solution either in the raw, treated or partially
treated form.
REGULATIONS 2009
Interpretation
• “dilution”
Means any process making sewage less concentrated by

adding water or other liquids from external sources other
than liquids or materials used for treating the sewage.
Disposal By Dilution
• Dilution is predominant natural method of disposal. Disposal
by dilution is the process whereby the raw or treated (most
treated) sewage is discharged into water bodies such as
rivers, lakes, sea, etc.
• The discharge sewage, in due course of time, is purified by the
self purification process of the natural waters. The sewage is
mainly purified due to oxidation of organic matter by bacteria
using the dissolved oxygen (DO) present in the water bodies.
• The degree of the treatment given to the raw sewage before
disposing it in to any river will depend not only upon the
quality of raw sewage but also on the self purification
capacity of river and the intended use of its water at the
downstream end.
REGULATIONS 2009
Interpretation
• “performance monitoring”
Means the routine monitoring of certain characteristics to

provide an indication that a treatment process is functional
and capable of treating the sewage.
TYPICAL WASTEWATER TREATMENT PLANT
REGULATIONS 2009
Interpretation
• “population equivalent”
Means the equivalent in terms of fixed population of a

varying or transient population or other activity, for example
industrial or commercial contributing to flow to the
sewerage treatment system.
Population Equivalent
• The wastewater carried by the sewer consists of domestic
sewage and the industrial wastewater – it is expressed as a
muicipal load.
• The population equivalent (PE) is a unit of measurement of
organic biodegradable pollution representing the
average load of that pollution produced by one person in
one day;
• In general, BOD contribution per capita per day may be
taken as 60 - 80 g/day or (0.06 - 0.08 kg/day/person).
= Excretes 80 g/day of BOD

MONITORING OF SEWAGE DISCHARGE
• An owner or occupier of a premises that discharges
sewage onto or into any soil, or into any inland waters or
Malaysian water shall, at his own expense:
• Monitor the concentration of the parameters specified in
the first column of the Second Schedule.
• Install flow-meters, sampling equipment and recording
equipment.
• The owner or occupier of the premises shall maintain a
record of sewage discharge monitoring data (Fifth
Schedule)
NEWS ARTICLES @ CASE STUDIES
NEWS ARTICLES #1
ISSUE HIGHLIGHTED
• Illegal stalls operating.
• Generating solid waste (plastics,
organic food residue,
• Oil and grease
• Affluent discharge (washings from
dishes, cooking).
• Rivers polluted (Section 25)
• Offensive smell (Section 21)
ISSUE HIGHLIGHTED
• Illegal stalls operating.
• Generating solid waste (plastics, organic food residue,
• Oil and grease
• Affluent discharge (washings from dishes, cooking). SUNGAI MAS
• Rivers polluted (Section 25) &
• Offensive smell (Section XX) SUNGAI BATU
FERINGGHI
IMPACT
• Driving away tourists both local and foreign POLLUTED!
• spread of bacteria
• loss of natural esthetic view
ACTION
• Tearing structures of illegal stalls.
• Slapping fines not exceeding one hundred thousand ringgit for polluting
the rivers/streams (Section 25).
NEWS ARTICLES #2
ISSUES HIGHLIGHTED
• Closure of municipal wastewater treatment plant.
• Release of bad odor.
• Continuous incoming untreated influent.
IMPACT
• Discomfort of nearby residents.
• Elevation of E.coli – hazardous to health.
• Increase of ammonia.
• Adjacent water bodies (streams/rivers) will be
affected.
• Section 21 (Power to specify conditions of emission, discharge, etc)

• Section 25 (Prohibition of Pollution Inland Waters)
• Environmental Quality (Sewage) Regulations 2009
NEWS ARTICLES #3
ISSUES HIGHLIGHTED
• 16 cases recorded.
• 7 cases in Hulu Langat.
• 4 cases from
Lembangan Langat.
• Sungai Semantan
(Pahang-Selangor)
• Daerah Sepang, oil palm
spillage from lorry
transportations.
• Pollutant release from
factories.
• Section 21 (Power to specify conditions of emission, discharge, etc)

• Section 25 (Prohibition of Pollution Inland Waters)
• Environmental Quality (Sewage) Regulations 2009
GROUP DISCUSSION & PRESENTATION
Form HOMEGROUPS of 5 members (Submit On Paper)
Each HOMEGROUP will be given a news article (A, B, C,

etc).
[1] Discuss at least 3 problems in the issue highlighted.
[2] Relate the SECTIONS and REGULATIONS with the

issue. Give your justification/reason.
[3] As an engineer, how would you COUNTER the

problem?
SOLUTIONS
SOLUTIONS

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ENGINEERS IN SOCIETY

LAW FOR ENGINEERS

DR. FATEHAH MOHD OMAR

[a] To administer the EQA and any regulations and orders

[b] Responsible to coordinate all activities related to the

[c] To prevent or control pullution and protecting and

[d] To recommend to the Minister for the environment

Section 23 Restrictions on noise pollution.

Section 24 Restrictions on pollution of the soil

Section 25 Restrictions on pollution of inland waters.

Section 29A Prohibition on open burning.

Section 29AA Exclusion from “open burning”.

Owner or occupier of premises liable for

Section 22 Restrictions on pollution of the atmosphere.

Section 29A Prohibition on open burning.

Section 29AA Exclusion from “open burning”.

Owner or occupier of premises liable for

Environmental Quality (Clean Air) Regulations 2014

Environmental Quality (Declared Activities) (Open

Section 25 Restrictions on pollution of inland waters.

Prohibition of discharge of oil into

Environmental Quality (Control of Pollution From Solid Waste

Environmental Quality (Sewage) Regulations 2009

Environmental Quality (Industrial Effluent) Regulations 2009

Section 24 Restrictions on pollution of the soil

Environmental Quality (Control of Pollution From Solid

Section 34AA Prohibition order for prescribed activities.

Environmental Quality (Prescribed Activities)

The Minister, after consultation with the Council, may by regulations

(1) No person shall, unless licensed, emit or discharge any

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

(3) Any person who contravenes subsection (1) shall be guilty of

(1) No person shall, unless licensed, emit or cause or permit to be emitted

(1)No person shall, unless licensed, pollute or cause or

(a) He places in or on any soil or in any place where it may gain

(3) Any person who contravenes subsection (1) shall be guilty of an

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

(a)He places any wastes in or on any waters or in a place where it

(1) No person shall, unless licensed, discharge or spill any oil or

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

(1) Notwithstanding anything to the contrary contained in this Act,

(3) For the purposes of subsection (1) –

(1) If open burning occurs on any premises –

A. Solid waste that is disposed, discharged, emitted or

1. These regulations may be cited as the Environmental Quality

Means the manner in which an air pollution control system is

Means any solid combustible such as anthracite or semi-

Includes any structure, opening, vent, flue, conduit, outet or

Has the same meaning assigned to it in the Registration of

Means an area designated as a residential zone having

• Industrial park • Residential area

Means any engineering drawing that shows the placement

Means a laboratory that demonstrates competence to

Means the quantity of the substance expressed in terms of

Means the routine monitoring of certain characteristics to

Means any device, apparatus, equipment or structure used

Means smoke, cinders, solid particles of any kind, gases,

Means any facilities designed and constructed for the