Transport Management of Hazardous Materials and Toxic Waste

Khardian Eka Sulaksono, Suparto Wijoyo, and Lilik Pudjiastuti

Magister of Law and Development Science, Universitas Airlangga

Keywords: Hazardous Materials and Toxic Waste, Transpor

t Management, East Java.

Abstract:

The existence of Industry in East Java have the potential to create pollution due to waste management that

are not orderly. Both hazardous materials and toxic waste, solid waste and liquid waste which can make an

impact are harmful to the environment. The problem of hazardous materials and toxic waste that resulted in

the negative impact of environment to endanger human health requires serious attention by various parties.

In this case the need for the transport management of hazardous materials and toxic waste is good and safe

to the environment. Waste management permit on hazardous materials and toxic is the preventive

administrative instruments of publication which can be done within one license by integrating with the

Minister, Governors, or Regents/Mayors in accordance with those in powers based on the filing of the

applicant's permission, otherwise known as permission to carry waste management on hazardous materials

and Toxic Waste, with the transport permit issued by the Ministry of Environment and Forestry. This

research is a form of socio-legal research analyzing on transport management of toxic materials and

hazardous waste. To have the transport permit into the authority of the Ministry of Environment and

Forestry, the authority of the division issuing the permit is required with requirements that have been

determined as well as the consistency of the management of hazardous materials and toxic waste properly

and correctly in accordance with the regulations.

1 INTRODUCTION

Based on the Law of the Republic Indonesia

Number 32/2009 about “Protection and Management

of the Environment”, environment is everything that

is surrounding us. It is the unity of space with all

objects, resources, circumstances and living

creatures, including humans and

behavior that

affects the nature itself, the continuity of life and the

welfare of humans and other living beings. The

components contained in the environment need to be

in balance between the biotic and abiotic

components. Human as the perpetrator in the

preservation of the environment should maintain

balance in the best possible environment. One of the

inefficient provisions of the environment caused by

behavior/human activities causing environmental

pollution is coming from waste. Hazardous materials

and toxic waste are harmful pollutants for the

environment because it has a negative impact on the

survival of living creatures and humans. East Java

has a strategic position in the field of industry

because it is flanked by two large provinces, namely

Central Java and Bali, thus making it the center of

industrial growth as well as trade. The number of

industries in East Java from a wide range of sectors

have the potential to cause pollution due to poor

waste management on toxic waste and hazardous

materials, solid waste and liquid waste which are

harmful to the environment. The most feared toxic

materials and toxic waste are waste from the

chemical industry. Hazardous materials and toxic

waste from the industrial activities discharged into

the environment will eventually have an impact on

human health. The problem of hazardous materials

and toxic waste is resulting in the impact of

environmental damage to endanger human health

requires serious attention by various parties.

Based on the list of industries which identifies as

the types of industries that produce potentially

hazardous materials and toxic waste significantly

which is as much as 5276344.27 tons/year (The

Environmental Agency Of The Province Of East

Java , 2016).

Management of hazardous materials and toxic

waste is a series of activities that includes the

storage, collection, utilization, transport, and

processing of hazardous materials and toxic waste.

The waste management has attachments including

870

Sulaksono, K., Wijoyo, S. and Pudjiastuti, L.

Transport Management of Hazardous Materials and Toxic Waste.

DOI: 10.5220/0007553108700874

In Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018), pages 870-874

ISBN: 978-989-758-348-3

the manufacturers, transport, users, processing and

hoarding hazardous materials and toxic waste. This

could be seen in the following flowchart:

Figure 1: The flow of waste management on hazardous

materials and toxic waste (government regulations number

101/2014 about waste management toxic and hazardous

materials).

An important part in the management of

hazardous materials and toxic waste is deciding on

the right means of transportation. In its

implementation and to reduce risk to the personnel

executing, the involvement of all parts of the cover

are required, i.e. the care and maintenance section

of the management of hazardous materials and

toxic waste facilities.

2 REVIEW OF LITERATURE

2.1 Hazardous Materials and Toxic

Waste

Based on Law of Republic Indonesia Number

32/2009 on the Protection and Management of the

Environment, Clause Number 1 Point (22) stated

that hazardous materials and toxic waster are the

remains of a business and/or activities which contain

hazardous materials and toxic waste. According to

the Government Regulation Number 101/2014 on

Managing Hazardous Materials and Toxic Waste,

hazardous materials and toxic (hereinafter

abbreviated as hazardous materials and toxic

substances), is energy, and/or other components due

to the nature, concentration, and/or number, either

directly or indirectly, which can contaminate and/or

environmentally damaging, and/or harm the

environment, health, and survival of human beings

and other living beings.

According to Pankratz (2001), hazardous

materials and toxic Waste are as follows “Any waste

or combination of wastes which pose a substantial

present or potential hazard to human health or living

organisms because they are non-degradable,

persistent in nature, or may otherwise cause

detrimental cumulative effects”.

Meanwhile,

according to U. S. EPA, simple definition of

hazardous materials and toxic waste (B3) is waste

with dangerous or harmful effects to human health

or the environment. With this definition, then the

EPA decided that the waste characteristics B3

should be tested using the method of testing

thresholds that have been set.

2.2 Industrial Waste

Industrial waste, either solid, liquid or gas,

generally includes categories of hazardous materials

and toxic waste. Hazardous materials and toxic

waste is very dangerous in the chemical industry.

Waste from chemical industries in general contain a

wide variety of heavy metal elements which

accumulate and the toxic properties are so harmful

to human health. Most major agricultural waste is

pesticide and fertilizer. Hazardous materials and

toxic waste from the industrial activity that is

absorbed in the environment will eventually have an

impact on human health. The impacts can be directly

consumed by human, for example drinking

contaminated water or through the food chain, such

as consuming contaminated fish due to eating

contaminated prey.

2.3 Transportation of Hazardous

Materials and Toxic Waste

According to the Government Regulation No. 101

Year 2014 about Waste Management on Hazardous

Materials and Toxic Waste Transport, it is described

as a business entity that performs the activity of

transporting hazardous materials and toxic waste.

The term means transporting hazardous materials

and toxic wastes required by using the enclosed

transport to waste hazardous materials and toxic

waste category 1. The transport of material

hazardous and toxic can be done by using tools that

available for transporting hazardous materials and

toxic waste in category 2. It is required to have the

recommendations and permit of the transport of

hazardous materials and toxic waste. The

recommendations are the base for the publication

permit by the Minister of Transportation.

Transportation Recommendations of the hazardous

materials and toxic waste was published by the

Transport Management of Hazardous Materials and Toxic Waste

871

Minister of Environment and Forestry.

Transportation of hazardous materials and toxic

waste must be accompanied by manifest transport on

hazardous and toxic waste. Carrier of hazardous

materials and toxic waste mus be done by a legal

entity (PT, Cooperative, Institution), excluding CV,

NV, UD and registered as a legal entity in the

Ministry of Justice Justice and Human Rights.

Based on Government Regulation No. 101 Year

2014 about Waste Management on Hazardous

Materials and Toxic Waste ,

the definition of Carrier

of hazardous materials and toxic waste are business

entities that perform the transport of hazardous

materials and toxic Waste.

Legal Basis for the Transportation of Hazardous

Materials and Toxic Waste is Regulation No. 22

Year 2009 about Traffic and Road Transport;

Government Regulation No. 74 Year 2014 about

Road Transport and Government; and Regulation

No. 101 Year 2014 concerning Management of

Hazardous Materials and Toxic Waste.

3 RESEARCH METHODS

Research methods used in this study was a socio-

legal research method which was the approach of the

normative nature of the law. The field approach was

conducted by reviewing the legal issues by

organizing research field interviews in depth to the

subject research. As for the technique of data

collection, it was done through interviews to the

owner or applicant's of business license to

transportation activity of hazardous materials and

toxic waste in East Java in response to transport of

hazardous waste with the life of obedience in 2017.

The genuinity of this research was also supported by

the author who is the apparatus of Government in

charge of coaching the entrepreneur or the owner of

the activity of transport of toxic materials and

hazardous waste.

4 RESULT AND DISCUSSION

Management of hazardous materials and toxic waste

needs to conduct integrated management because it

can cause harm on human health, other living beings

and the environment. In this case, it is necessary to

manage the transportation of hazardous materials

and toxic waste which is good and safe for the

environment. Permit for the waste management

hazardous materials and toxic is the preventive

administrative instruments and the publication can

be done with one (1) license which is integrated by

the Minister, Governors, or Regents/Mayors in

accordance with those in powers based on the filing

of the applicant's permission, otherwise known as

Permission for Carriage of Waste Management on

Hazardous Materials and Toxic Waste. The

recommendations permits are issued by Ministry of

Environment and Forestry.

Among all the activities of the management of

hazardous materials and toxic waste, the transport of

hazardous materials and toxic waste is the only

activity where its operational permit is not granted

by the Ministry of Environment and Forestry, but by

the Ministry of Transportation. The role of the

Ministry of Environment and Forestry activities in

the transport of hazardous materials and toxic waste

is giving recommendations to companies that

perform services by transporting hazardous materials

and toxic waste, which without this recommendation

the operational permit from the Ministry of

Transportation will not be provided.

While on the regulation of the Ministry of the

Environment and Forestry no. P. 56/Menlhk-

Secretariat/2015 of Ordinances and Technical

Requirements of Hazardous and Toxic Waste

Management of hHealth Care Facilities for the

Three-Wheeled only with the consent of transport of

hazardous materials and toxic waste that was

published by the Head of the Environmental Agency

of District/City. In this case, there is no operational

permit from the Agency of Transportation of

District/City. However, the implementation in the

field up to today shows that there is no

environmental agencies of the district/city which

issued permits of the transport of hazardous

materials and toxic waste with a three wheels

vehicle because it is in contrary to the rules of

Agency of Transportation.

Based on the Law of the Republic Indonesia No.

23/2014 about Local Government in Appendix K,

which explain about the Division of Authority Sub

Field of hazardous materials and toxic (B3), and the

hazardous materials and Toxic Waste (Waste B3),

the central government undertakes the management

of the B3 and waste B3 management, the provincial

government carries out waste collection of cross

regional B3 district/city in one provincial area and

the district/city governments carry out temporary

storage waste B3. But many entrepreneurs who do

the business or activities of the transport of

dangerous waste and toxic materials are always

hampered with the too slow pace of the process of

ICPS 2018 - 2nd International Conference Postgraduate School

872

administration in the Ministry of Environment and

Forestry which cause a problem.

In addition, due to one of the requirement that it

should be a legal business entity-body (PT,

cooperatives, foundations), not including CV, NV,

UD and registered as a legal entity in the Ministry of

Law and Human Rights, the results of the analysis

showed that all local licensing of the transport on

hazardous waste and toxic materials are recorded

into the authority of the Ministry of Environment

and Forestry and the operational permit from the

Ministry of Transportation. Therefore, it is necessary

to divide te authority of the issuance of toxic and

dangerous waste material transport licenses with

predetermined requirements and the consistency of

waste management hazardous and toxic substances

properly and correctly in accordance with applicable

regulations.

The authority permits of the transport on toxic

and hazardous waste would be splitted with local

governments with certain conditions, where the

requirements in the region created by the terms are

more stringent and the number of the wheel are less.

Among others the conditions are: legal entities

should be PT/CV, having insurance in response

areas, waste management experts in hazardous

materials and toxic, and has a partnership with the

producers, processors or users of hazardous

materials and toxic waste and the vehicle used must

meet the specification to suit the characteristics of

hazardous materials and toxic waste to be

transported. The Environmental Agency only issued

a recommendation and the Transport Authority

issued its operational permit or route.

Based on the above analysis, it is required to

review the Act of Law of Republic Indonesia No.

23/2014 about Local Governance and The

Government Regulation No. 101/2014 on Managing

Hazardous Materials and Toxic Waste on the related

authority division on transport of hazardous

materials and toxic waste.

5 CONCLUSION

Transport of hazardous materials and toxic waste is

one of the aspects in the process of management of

hazardous materials and Toxic Waste that have been

set up in the Government Regulation number 101

Year 2014 on Managing Hazardous Materials and

Toxic Waste. Implementation of waste management

includes the transportation of toxic and hazardous

materials tailored to the powers that have been set in

Law of Republic Indonesia No. 23/2014 about Local

Government that is included in the authority of the

Central Government, which in this regard is the

Ministry of Environment and Forestry.

There are some constraints in the requirements

that is incriminating the implementation, such as:

business entities must be a legal body (PT,

cooperatives, foundations), not including CV, NV,

UD.and registered as a legal entity in the Ministry of

Law and Human Rights. This is burdensome for

small and medium enterprises. The slowness of the

process of issuing licensing recommendations for

transporting waste, thus also impending the process

of management of hazardous materials and toxic

waste.

Based on such matters, in this research is

proposed to re-evaluate the matter related to waste

management authority on division of hazardous

materials and toxic in Law 23 Year 2014 in order to

divide the dangerous and toxic waste material

transport affairs to the provincial government so

there would be acceleration in the process of

management of hazardous materials and toxic waste.

SUGGESTIONS

Based on the above research, it is required to review

Law No. 23 Year 2014 about Government and

Regional Government and Regulation No. 101 Year

2014 on Managing Hazardous Materials and Toxic

Waste on the related authority division.

With the proper division of authority, it is

expected to accelerate the licensing process of the

transport of hazardous materials and toxic waste in

provincial and district/city level. The acceleration of

licensing process services on transporting hazardous

materials and toxic waste will bring a positive

impact to the environment, namely reducing a

backlog of waste hazardous materials and toxic

which indirectly can minimize pollution to the

environment from hazardous materials and toxic

waste.

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