CHAPTER VI
RECOMMENDATIONS AND CONCLUSION
6.1
Recommendations
Based on the assessment made on the licensing and inspection procedure of the
off-site recovery facilities and also from the outcome of the site inspection, it is possible
to recommend steps to enhance the existing management of off-site recovery facilities.
These recommendations are further discussed in the following sub-sections.
6.1.1 Instituitional Framework
The administrative department of any government are necessarily involved in the
process of pollution control. Policy statements may be written into legislation, or
committees that may be given a duty to formulate policy and guidelines. Even without a
statutory duty, a minister is expected to formulate policy and supervise its execution
(McLoughlin, J. and Bellingher, E.G., 1993). For the case of recovery plants in Malaysia,
the overall legislation relating to the licensing and inspection is the Environmental
Quality Act (EQA), 1974 (Ammenmend 1996). However it is interesting to note that
review of the Act and the specific Regulations of Scheduled Waste is underway
particularly those section involved the recovery activities (Lee, Heng Keng, 2003). It is
recommended that the proposed new insertions to be implemented soon where applicable
as the scheduled wastes to be recovered at prescribed premises or at on-site recovery
facilities only. It is further recommended to propose mandatory recovery for certain
wastes such as oils and batteries. In line with this approach, it is recommended to the
authority in Malaysia to adapt a similar system as the United States Environmental
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Protection Agency (EPA) in introducing the requirements of the Community Right toknow Act and the Toxic Release Inventory (TRI) approach. Since 1970s, requirements to
generate and disclose information have become an increasingly significant form of
regulation in the United States (Ortolano, L., 1997).
Under these law, firms that have hazardous materials on their property are
required to make an inventory of these materials and report the results to appropriate
agencies. This gives citizens a chance to learn about their exposure to hazards created by
local industry and indirectly expose any chances and opportunities of wastes for
recovery. In addition, the EPA has created a Toxic Release Inventory (TRI), a national
database that indicates the types, quantities, and locations of hazardous materials used
and stored by firms (Ortolano, L., 1997 and Bishop, P., 2000). After learning (via TRI)
which hazardous materials are being used in different places, this may require companies
to change production practices and reduce their use of toxic materials, adopt as well as
implement recycling plans of their wastes.
It is further recommended for the Department of Environment to formulate a
special sectoral guidelines on the licensing and inspection of off-site Recovery Facilities
in order to guide and provide further information on the procedural requirement and
detail compliance requirements on the matters. The sectoral specific guidelines on the
licensing and inspection recommended intended to supplement and complement the
existing guidances given in the `Handbook of Environmental Impact Assessment
Guidelines, 1987; revised in 2000’; and `Environmental Impact Assessment Guidelines
For Toxic and Hazardous waste Treatment and Disposal Project, 2000’ as well as the
‘Policy Statement on the siting of Facilities for the Recovery, Storage, Treatment and
Disposal of Toxic and Hazardous Wastes, 2003’.
The Environmental Quality Act (EQA), 1974 has its formal requirements to the
enforcement activities that require on-site inspections. Proper, detailed preparation and
planning of the individual on-site inspections is of utmost importance for the quality of
the on-site inspections, for the purpose of the off-site recovery facilities it is
recommended to enhance the mechanism of the inspection and enforcement of the
Department of Environment with regards to planning and preparation of inspection, the
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practical performance of on-site inspection, follow-up on-site inspection and preparing
for legal action of non-compliance.
It is recommended the Department of Environment particularly the Department
of Environment State of Johor to redesign and setting-up a formal Licensing Unit of
Scheduled Waste as a decentralization of licence renewal and other scheduled wastes
application has just taken place in 2003. Special programme is recommended to plan, to
conduct inspection and audit at the licensed premises targeting the non-compliances
conditions. It is noted that prior to 2003, the assessment of the licensing are processed by
the Department of Environment, Headquaters (HQ). Since January and August, 2003, the
responsibility of processing the applications for written permission, operating licences,
and other scheduled waste applications lies to the Department of Environment State
Office in the order of sequence as shown in Table 6.1.
Table 6.1: Processing Responsibility
Application
Responsibility
Tasks
EIA
HQ……………………..HQ Vet and issue approval
Written Permission
HQ…………… State Office Vet and issue approval
Pre-Licensing Inspection
State Office…... State Office
Inspect premise and
submit prelicensing report
Licence
HQ……………State Office
Vet and issue licence
Licence Renewal
HQ……………State Office
Vet and issue new licence
Licence to Amend
Condition
HQ……………State Office
Vet and issue amendment
Licence Transfer
HQ……………State Office
Vet issue new licence
Note:
2003-Delegation of Power
-
Decentralization of SWMF’s Licence Renewal: Jan. 2003
Decentralization of All SWMF’s Licence Application 1st. August 2003.
Proper and complete planning and preparation of the inspection will also ensure
the formal procedures and requirements are complied with. It is recommended to
formulate a better practical performance of on-site inspection of the off-site recovery
facilities, particularly the compliance of licence conditions. A checklist shall be prepared
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during the planning of the inspection covering the issues, which should be checked and
investigated during the on-site inspection. The Assessment Form under this study is
recommended to be used as an Evaluation Form as a good guidance and tool for the
enforcement officer to carry out the inspection of licence compliance conditions.
The overall objective of inspections is to ensure enforcement of the EQA and
subsidiary legislation. Consequently, all observed non-compliance must be brought in
line with the formal environmental requirements. To ensure general respect and
acknowledgement concerning the EQA the administrative and/or judicial response shall
preferably be proportionate to the severity of non-compliance/violation. Thus it is
recommended to develop the outline of the preparation needed for administrative
enforcement response.
The administrative inspection response is proposed as in Table 6.2. The
percentage of compliance could indicate the administrative enforcement response with
the suggested actions to be taken to the respective premise.
6.1.2 Training Recommendation
Personnel training is an important factor in achieving each objective for good
management of hazardous waste. Proper training is also integral to the minimization of
health and safety hazards. Compliance with government regulation is also compromised
where adequate training is a requirement.
Good training should impart not only a generalized understanding of the off-site
recovery facilities operation waste handling and storage, treatment and operation, but
should provide specialized knowledge to those whose responsibility includes only one
part of the operation. For example, it may be unnecessary for those transporting the
waste to know how to neutralize acids, but they should, however, have a generalized
knowledge that acids can be neutralized in case the acids are mistaken presented for
shipment or spilled in the area. Some approach should be tackle in handling the wastes
especially the importance knowledge of storage and packaging. Scheduled waste
materials are never to be stored in a container without a proper label. Even unmarked
containers should not be left unguarded in an unsecured area temporarily.
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Table 6.2: Administrative Inspection Response
Administrative
Inspection/Enforcement
Response
Mild Enforcement
Response
Acceptable Enforcement
Response
Repeated Minor Noncompliance
Deliberate
Non-compliances with no
possible to see immediate
technical solution
Severe Non-compliance
Licence
% Compliance
100-90
Action required

Maintain the quality

Written remark on good
observation/agreement on
good observation

Acceptable but needs
regular inspection and
monitoring.

Directive/Instruction

Trigger: intensive
enforcement/ post audit
action

Notice in writing

Legal Action

Prohibition order

Immediate Enforcement

Prosecution/Licence
Revocation
89-70
69-50
45-25
24-0
Safety training should include not only contingency and emergency planning or
emergency response plan, but also safe handling practices, use of protective clothing, the
particular hazards of waste produced where further hazard information may be obtained
and other procedures for routine operations and emergencies. Table 6.3 shows a
recommendation of training outline. A brief overview may be given of all the topics and
specific areas expanded upon for workers responsible for particular operations and their
supervisor. A close collaboration between the off-site recovery facilities and the
authorities particularly the Department of Environment is recommended especially in the
aspect of joint-training for both good management side.
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Table 6.3: Outline for Training of the Scheduled Waste Management of Off-Site
Recovery Facilities
Overview of Scheduled Waste Management Process
Off-Site Recovery Facilities Policy
Government Regulations
Off-Site Recovery Scheduled Waste Handling Procedures
Individual Responsibility
Reporting Requirements
Safety
Anticipated hazard/hazard recognition
Contigency Planning/Emergency Response Plan
Safe, routine procedures
Use of Protective Equipment
Health Surveillance Programme
Packaging
Choice of Container
Segregation
Storage
Transport within Premise/Outside Shipment
Labelling and Shipping
Inventory Control
Required Identification
Tracking Systems
Record Keeping
Transportation
Carrier/Transportation Requirements
Manifesting/Consignment Note
Disposal Site Activities
Source: Modified from Abbou, R., 1988.
6.1.3 Environmental Impact Assessment – Post Project Appraisal Of Off-Site
Recovery Facilities
Environmental Impact Assessment (EIA) is seen as an equally important tool in
designing a viable project (Canter, 1996 and Abdullah Mohamad Said, 2001). Proper use
of EIA as a management tool, integrated with other aspects of project planning as EIA
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predicts the likely environmental impacts of projects, finds ways to reduce unacceptable
impacts and to shape the project so that it suits the local environment in sustainable
manner and presents the predictions and options to decision makers. It can afford
benefits of Integrated Project Planning for project proponent, including investment
security, social acceptability, quality planning and positive environmental planning (EIA
Guidelines, Department of Environment, Malaysia, 2000).
However Environmental Impact Assessment (EIA) is frequently regarded as
being inadequately applied because it focuses too much on the pre-decision stage of
assessment (Harrop, O.D and Nixon, A. J., 1999). By analyzing the actual impacts of a
development, the predictive ability of future EIA studies can be enhanced, leading to
better informed decisions and better environmental protection. This activity is described
here as post-project analysis and compromises monitoring and auditing studies and the
reporting of findings/recommendations as shown in Figure 6.1.
Surveillance
Monitoring
Compliance Audit
Performance Audit
Evaluation
Source: Sadler, 1995.
Figure 6.1: Components of Post Assessment Activities
Post-project Analysis is defined as an environmental study undertaken during the
operational stage of a project or programme to assess compliance with terms imposed by
the EIA process to consider the quality and possible improvement of environmental
management (Gilpin, 1995).
Conducting a post-project analysis may have the purpose of ensuring that terms
and conditions for project approval have been implemented and that standards for
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environmental performance are being met. It usually includes the evaluation of baseline
and post-project monitoring data and seeks to compare actual versus predicted impacts in
order to assess the accuracy of predictions made in the EIA and the effectiveness of
management practices and procedures used. Thus post-project analysis has a very close
link with the operating license conditions of the recovery facility, where post-project
analysis identifies unacceptable levels of environmental performance or compliance with
planning consents or legislation and recommendations should be proposed to rectify
matters. These would include modifications to management plans, mitigation measures,
monitoring plans and so on as well as to comply with the operating licensed conditions.
However to date for the case of the licensed off-site recovery facilities in Johor,
the post-project analysis has not yet been taken place. According to Abdullah Mohamad
Said, (2001) lack of follow-up action after a project has been approved is a major
constraint on the advancement of EIA practice and this is also an issues in Malaysia.
This study is somehow trying to merge together, the assessment of licence conditions
could be integrate together as a post-project analysis. In light of improving the
assessment of licensing and inspection and post-project analysis of the off-site recovery
facilities, there needs to be more attention to collecting and collating information from
facility monitoring and also environmental monitoring by authorities and other parties so
that databases can be maintained. Post-project appraisal programmes should also use this
opportunity to develop environmental management systems which have been proven to
give many financial and management benefits. Thus as the flow procedures of licensing
of the off-site recovery facilities involve the stage of EIA and operating licence, it is
recommended that the proposed Assessment Form could be used to test and tackle both
needs and thus minimized the existing work load of the authorities.
However, as the prescribed activity projects will usually be required to submit an
Environmental Management Plan (EMP), as part of the EIA approval conditions, it is
recommended to have further studies on this matter as the scope of this assessment is not
touch in the current study. This is very important to interlink the requirement of licence
conditions compliance with the EMP, as an EMP presents actual monitoring proposals
commensurating with detail design, and sets out programmes for auditing and reporting
to demonstrate environmental compliance.
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6.1.4 Reactivation of the Malaysian Agenda for Waste Reduction Programme
(MAWAR)
Waste minimization is a multimedia pollution control and management that
focuses on reducing the generation and discharge of pollutants (gaseous, aqueous and
solid) at their source to avoid subsequent handling, treatment and disposal. Waste
minimization encourages industry to reduce its hazardous pollutants at the source, rather
than to treat and dispose of pollutants into the environment. In France, Germany and the
Netherlands, governmental influences on treatment and disposal costs were recognized
as an important factor in promoting waste minimization (Abbou, R., 1988). European
governments influence treatment and disposal costs primarily by setting higher
regulatory standards for treatment and disposal facilities, by requiring specific wastes to
be managed using particular methods, technologies or facilities, and by making it more
difficult to site and develop new waste management facilities.
In Malaysia, the Environmental Quality (Scheduled Wastes) Regulations of 1989
stipulate a requirement for reduction the generation of scheduled waste by every waste
generator using the best practicable means. The Department of Environment (DOE)
views waste minimization as an important activity in hazardous wastes management but
is aware that its success requires strong commitment from the industry (Norhayati Mohd.
Yusof, 2001). The DOE has once launched a project known as the Malaysian Agenda for
Waste Reduction (MAWAR) in 1996, targeted large quantity waste generators from
among the chemical industry, paint industry, electronic and semiconductors, industrial
gas, printing and packaging industries. However, the project drew little interest from the
industries and reasons were attributed to constraints in technical know-how, financial
resources and lack of management’s commitment to minimize waste. It is recommended
to DOE to reactivate and proceed with the programme as the first phase of the MAWAR
project that focused on conducting a survey of selected industries to obtain information
on companies’ plan and programmes in minimizing waste has taken placed. It is possible
to use the third option of waste management hierarchy approach, waste recovery as
priority project to be embarked by the DOE as the recovery activities are still small in
current operations in the country. This option looks at processes that still generate waste,
but it examines part of the waste stream that is possible to be reutilized thus minimizing
the amount of new hazardous material needed for the process and the amount of
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generated waste requiring disposal. The waste minimization programme should be a
continuing, rather than a one-time effort. Such reactivation of the programme particularly
for the recovery facilities is essential as the ultimate goal of waste minimization
programme should be to reduce the generation of waste to the maximum extent
achievable. To be truly effective, a philosophy of waste minimization in recommended
must be developed in all of the recovery facilities and their organization.
6.1.5 Environmental Management System – Encouragement for the Recovery
Facilities Certification
Many of the most serious environmental impacts that have resulted from
development projects are not because of the project being badly designed, nor because it
was badly implemented, but because it was not managed orderly in operation (Lee, N.
and George, C., 2000). It is largely for this reason that environmental management
systems have been developed and applied extensively in the chemical and other
potentially polluting industries in high income countries, and increasingly also in
developing countries and countries in transition. In support of this, the International
Standards Organization (ISO) has issued the international standard ISO 14001, to
provide an agreed definition of a sound Environmental Management System (EMS) ISO
14001 is one of a series of environmental standards issued by the ISO, covering matters
including the environmental management of operations. Many organizations throughout
the world are increasingly calling for their suppliers of goods or services to have
certification under ISO 14001. An important feature of ISO 14001 is its requirement that
impacts should not only be controlled, but reduced, with specific targets and action plans
defined by the operator. This supports pollution control regimes which demand continual
improvement from industrial operators, to use or move towards the use of best available
techniques. As for the recovery facilities in Johor has indicated a good compliance
especially from those certified to International Standard particularly the it is
recommended to encourage other facilities to voluntary ISO 14000, adopt to the
standard. The introduction of ISO 14000 by the International Organization for
standardization provides another avenue on how organization can manage the impacts
associated with activities, products or services. The standard enable s an organization to
manage environmental issues in the same manner as they manage quality, financial or
production. Voluntary adoption of the standard should be encouraged as it will also lead
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to cost savings and indirectly protect the environment (Voorhees, J. and Woellner, R.A.,
1998). The focus of ISO 14001 is on “ensuring that company systems and actions are in
conformance with established company environmental policies and objectives. When a
company receives ISO 14001 certification, enhanced environmental quality is not
guaranteed. However, environmental quality may improve as companies generate and
digest the information they produce to comply with ISO 14001. This kind of approach is
very encouraging for the recovery facilities.
On the other hand, it is also recommended that the toxic and hazardous facility
particularly the off-site recovery plants to be classified according to guidelines contained
within the Responsible Care Programme and adopt the classification based on their
environmental performance (Bishop, P., 2000) as what Bhat, (1996) has classified
companies as red, yellow and green as shown in Table 6.4. This will assist the
Government to easily monitor and facilitate the facilities’ activities. Red companies are
companies that would have recent negative experiences such as permit violations or
accidents, but these companies would still support improved compliance with
environmental laws and regulations. Yellow companies are more proactive. Companies
typically go from red to yellow as a result of regulations that significantly increase
pollution control costs and have set a goal of zero pollution by engaging in preventive
activities. Green companies represent the ultimate stage in environmental responsibility
companies become green, not only because they want to comply with laws, improve their
image, and reduce costs, but also because they believe that it is the right thing to do
(Bishop, P., 2000). The green companies management has clearly articulated its
environmental policies. Rules and regulations are not seen as constraints, but rather as
cost-reduction and profit-improvement measures. Thus, the classification of companies
on the basis of environmental performance is highly recommended to be adapted in
Malaysia so as to support the spirit of the sixth principles of the National Policy on the
Environment, which emphasize on strengthening the role of the private sector in
environmental protection and management.
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Table 6.4: Classification of Companies on the Basis of Environmental Performance
Management
approach
Time horizon
Top management
involvement
Problem solving
Yellow
Corporation
Problem preventing
Short term
Nonexistent
Medium term
Not wholehearted
Organization
Manager
responsible for
environment
Company policy
Driving force
Unit operation
Legal department
Plant
Plant or legal
department
Long term
Long and
continuous
involvement
Companywide
Chief executive
officer
Not well written
Costs of compliance
Comprehensive
Opportunities
Supplier selection
Nonexistent
Laws and
regulations
Cure
Treatment,
landfilling, and
incineration
Responds to
accidents
Price only
Training
Nonexistent
Management style
Research and
development
Use of resources
Paternal
Nonexistent
Communication
Green performance
Top-down
Violations, permit
denials, discharges,
spills
Reward system
Blame violations
and accidents
Technology
Complianceoriented
Feature
Strategy
Pollution-reduction
techniques
Public relations
Red Corporation
Ineffective
Source: Bhat, 1996, adapted from Bishop, P.L., 2000.
Green Corporation
Opportunity seeking
Prevention
Prevention
Recycling and better Source reduction
housekeeping
and housekeeping
Responds to
accidents
Price and selected
green factors
Not well organized
Systematic and well
organized
Price and selected
greenfactors
Lifelong and
systematic
Somewhat paternal Egalitarian
ComplianceFocused on new
oriented
opportunities
Somewhat effective Efficient and
effective
Mostly top-down
Two way
Amount of waste
Cradle-to-grave,
reduced, disposal
audits, life-cycle
costs
assessment,
benchmarking
Blame for violations Green performance
and small reward
major factor
for compliance
Reduced
Continuous
compliance costs in integration
products and
services
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6.1.6 Establishment of Waste Exchange
Waste exchanges provide another practical way for businesses and industries to
divert waste from disposal to beneficial uses (Freeman, H.M., 1995). This waste
exchange concept was first implemented in Europe as a response to rising raw material
cost and a scarcity of land that could be used for disposal (Government Institutes Inc.,
1987). A number of waste exchanges, in cooperation with the sponsors of a variety of
organizations, began operations in the United States and the United Kingdom in the
1970’s (Bishop, P., 2000 and McLoughlin, J. and Bellinger, E.G., 1993). Since then,
waste exchanges in North America have been assisting waste generators in the
identification of off-site recycling opportunities. An important factor in stimulating the
growth of waste exchanges in the United States was the enactment of Resource
Conservation and Recovery Act (RCRA) in 1976, which initiated the federal hazardous
waste management programme.
A waste exchange can be defined as an operation that engages or assists in the
transfer of either waste materials or information concerning waste materials
(Government Institute Inc, 1987). There are two general types of waste exchanges: waste
information “clearing houses” and waste material exchanges. These exchanges that
transfer only information are labeled as “Information Exchanges”. Waste exchanges that
take possession of waste materials is referred to as “Material Exchanges”. Waste
exchanges maintain computer database and/or public periodic lists of wastes available or
materials sought by various industries (LaGrega, M.D., et.al, 2000). The information or
clearing house waste exchange typically operates as a non-profit organization. Its
function is to provide information to waste generators and waste generators and waste
users on the availability of and demand for waste materials. The primary clearing house
service is to publicize the availability of and demand for waste materials. A company
interested in a material listed in a particularly waste exchange catalog will send an
inquiry to the clearing house. The clearing house will forward the inquiry to the listing
company. Who, in turn, will contact the inquirer to initiate the negotiation process. Once
information is provided and an initial contact between generator and user is established,
the clearing house usually plays no further role in the transaction.
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Whilst, the material exchange is in many ways similar to the clearing house and
the material exchange are the extent to which the waste exchange becomes involved with
the waste material and the organizational structure of the exchange. Thus, waste
exchanges not only can help generators identify recycling, reuse and recovery
opportunities but they can also assist generators in establishing an environmentally sound
and cost-effective waste minimization programme that meets legislative and regulatory
requirements.
Indeed, it is recommended that the similar system and approach could be
introduced in Malaysia. Firms of all sizes can effectively use the service of a waste
exchange especially for the off-site recovery facilities that operate under capacity, to get
more contacts for the demand materials. Even though a company may have personnel
who specialize in waste management, the feasibility and opportunities of waste reuse
may go unrecognized by the company. Some facilities may lack in-house personnel with
the skills needed to identify waste exchange opportunities. As such, many opportunities
exist for firms to lower costs and increase revenues through the use of a waste exchange.
It is reported in the United States, through waste exchanges companies save thousands of
dollars in avoided disposal costs or in obtaining raw materials at reduced prices
(Government Institutes Inc., 1987). Waste exchanges have proven effective in increasing
recycling and resource reuse as a waste management alternative waste exchanges can be
an important part of a company’s overall strategy to manage waste in an environmentally
sound an cost-effective manners.
6.2
Conclusion
Practical solutions to waste management problems by industry typically require a
multi-faceted approach for most waste streams, particularly those containing hazardous
wastes. Due to economic considerations and regulatory requirements, many companies
that produce hazardous are beginning to explore the advantages associated with nondisposal management options such as waste reduction, recycling, and resource recovery.
The liabilities and operating costs associated with land disposal have encouraged
industrial waste generators to consider source reduction, on-site recycling, and off-site
recycling opportunities as management alternatives to land disposal.
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Scheduled waste may be recovered at an off-site facility when is not available to
recover off-site recovery usually entails the recovery of a valuable portion of the waste
through chemical or physical processes.
Recovery approach allows toxic and hazardous waste material to be used as for
beneficial purposes. An effective waste management approach policy requires the
development of appropriate regulatory requirements and for the case of off-site recovery
facilities compliance to the licence conditions is essential. With recognition of the good
licensing and inspection protocols and procedures, effort towards improving the
compliance of the scheduled wastes management facilities is anticipated.