THE ROLE OF TRANSPORT SERVICES AS A B3 WASTE MANAGEMENTFUNCTION IN COMPLIANCE WITH REPORTING AND LICENSING OBLIGATIONS

Background 

Transportation Services play an important role in the process of managing Hazardous and Toxic Waste (“B3”). Transportation services in hazardous waste management are regulated through Government Regulation Number 22 of 2021 concerning Implementation of Environmental Protection and Management (“PP 22/2021”) and Regulation of the Minister of Environment and Forestry Number P.4/MENLHK-SETJEN/2020 concerning Transport of Dangerous and Toxic Waste Material (“Permen LHK 4/2020”).

The two regulations above, oblige each party to ensure that the hazardous waste transport service provider has obtained a transporter license to carry out the operations of transporting hazardous waste.

 

LICENSING OF TRANSPORTERS IN THE MANAGEMENT OF B3 WASTE BASED ON PP 22/2021

Each transportation service provider involved in the management of hazardous waste is required to have a transporter:

1. Recommendation for the transportation of hazardous waste;
2. Undertaking Licensing in the sector of Hazardous Waste Transportation.

 

Article 311 paragraph (3) PP 22/2021 states that the recommendation for the transportation of hazardous waste is submitted to the Minister through a written statement by completing several requirements which include the following:

1. Applicant’s Identity;
2. Deed of Establishment of a Business Entity;
3. Proof of ownership of the guarantee fund for restoration of environmental damage;
4. Proof of Ownership of the vehicles;
5. Hazardous Waste Lifting Documents.

 

In the event that the recommendation application meets the requirements, then within 7 (seven) working days after the verification , the Minister will issue a Based on Article 311 paragraph (4) PP 22/2021, the recommendation for the transportation of hazardous waste contains at least:

1. Code of Manifest of Hazardous Waste Transportation;
2. Name and Characteristics of the hazardous waste being transported;
3. Recommendation of a validity period.

 

Meanwhile, for transportation services that have obtained a recommendation for the transportation of B3 waste from the Minister, the next stage is for the transportation service provider to submit an application for business permits in the transportation of hazardous waste to the Minister of Transportation (Article 313 paragraph 1 & paragraph 2 PP 22/2021).

It is mandatory for a Hazardous Waste Transporter to obtain a Business License in the field of Hazardous Waste Transport and (Article 314 paragraph (1) PP 22/2021) states:

1. Carrying out hazardous waste transportation must be in accordance with the hazardous waste transportation recommendation and the business license in the hazardous waste transportation sector;
2. Transporters must also submit a manifest for the transportation of hazardous waste and this is done electronically to the Minister;
3. Transporters must submit a Report on the implementation of the hazardous waste transportation.

 

The hazardous waste transportation implementation report must contain:

1. The name, source, characteristic and quantity of the hazardous waste being transported;
2. Number and type of hazardous waste transportation employed;
3. The final destination of transporting the hazardous waste;
4. Proof of submission of hazardous waste.

 

As a note, regarding the report on the implementation of the Hazardous Waste Transportation above, it must be submitted to the Minister of Environment and a copy to the Minister of Transportation every 6 month’s.

 

CONCLUSION

Any hazardous waste transport service wishing to carry out hazardous waste transportation activities is required to have a hazardous waste transportation recommendation issued by the Minister of Environment and a Business License in the sector of Hazardous Waste Transport as issued by the Minister of Transportation. (FMP/YAN)