Emission or Discharge of Pollutants

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Introduction

The Selangor State Government through the Selangor State Legislative Council has gazetted the Regulations - Regulations on the Emission or Discharge of Pollutants (State of Selangor) 2012 on 19 April 2012.

A press release regarding the gazetting of this Regulation was made by the Selangor Water Management Authority (LUAS) on 10 June 2012 which is effective from 20 April 2012 and only applies in the State of Selangor. All seven (7) scheduled activities under the Regulation are required to obtain a License from LUAS to regulate the discharge of pollutants from such activities.

Each such scheduled activity will only be subject if its quantity and description fall below the specified scope. Any discharge of pollutants from such activities into water sources must comply with the limits of the standards that have been set. Any non -compliance will be subject to the prescribed charges and penalties.

Each license is issued annually and is subject to the registration fee and license fee that has been set.

Regulatory Requirements:

1. Obtain a Pollutant Emission or Discharge License.

2. Determine the final discharge point on the premises.

3. Effluent analysis report every three (3) months.

4. Analysis by accredited laboratories.

5. Ensure effluent discharge does not exceed standard limits.

Role/Function of LUAS

Each scheduled activity is subject to these Regulations and must obtain a LUAS Pollutant Emission or Discharge License.

Premises that have been licensed are not allowed to discharge effluent from the premises exceeding the limits of the standards that have been set.

For premises that are not subject to the regulations, it is also required to ensure that the effluent discharged does not exceed the standard limits that have been set. If it is found that the premises fail to comply with the standards, the LUAS may issue a letter order to the premises for the purpose of cleaning works, mitigation measures and improvements according to the situation and level of pollution cases in accordance with Section 41 (4), 43 (2) , 96 (4) and 121 (1), LUAS Enactment 1999.

Fees and Charges

Licensing Fees and Charges:

Registration Fee (Once Only) RM150

License Fee (Annually) RM650

Application Forms

No forms were used. All application by online only.

Mandate

It is based on Section 79, Selangor Water Management Board Enactment 1999, namely:

Section 79. Prohibition of pollution of a water source

79. (1) Except as expressly permitted in any written law no person, except under and in accordance with the terms and conditions of a license issued under this section, causes enter or discharge into in any water source;

      (a) any toxic, harmful substance or pollutant or waste which will cause or is likely to cause or contribute to the occurrence of a water source or part thereof endangering, deteriorating or affecting the health, safety or welfare of the public or the life or health of animals or plants or on or against other beneficial uses of the water resource;

      (b) any substance which by reason of its heat, biological or chemical content or its effect changes the color of water makes or contributes to making the water source or part thereof potentially endangering health, safety or public welfare or the life or health of animals or plants or affecting its use other beneficial sources of the water;

      (c) any substance which because of its physical condition, chemical or biological content, or the effect of which changes the color of the water makes or contributes to making the water source difficult to recover or affecting the flow, quality or quantity of water in the water source; and

      (d) oil in any form, used oil, waste or waste material containing oil or otherwise.

(2) When any such enter or discharge has been made, the owner or occupier of the property from which the enter or discharge originates shall, unless the contrary is proved, be deemed to have discharged or caused its enter into the water source.

(3) A license to insert or discharge into any water source any of the substances mentioned in subsection (1) may be granted by LUAS pursuant to Section 59.

(4) A person who contravenes this section shall be guilty of an offense and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment not exceeding three years or to both and to a further fine of five thousand.

License Application

The Selangor Water Management Authority (LUAS) has started implementing the Pollutant Emission or Discharge License application by online method starting from 1 July 2018.

Every new application / renewal of Pollutant Emission or Discharge License must go through the Effluent Licensing System (LEDS).

Application can be made by following the steps as follows:

  1. Visit the website : elesen.luas.gov.my
  2. Click New User Registration (for new users).
  3. Log in then click the LEDS icon.