GOVERNMENT REGULATION ON HAZARDOUS AND TOXIC SUBSTANCE MANAGEMENT.
In this Government Regulation :
B3 management regulation is aimed at preventing and or mitigating the risks of B3 impacts to the living environment, human health and other living creatures.
B3 management that is not included in this Government Regulation scope is management of radioactive materials, explosives, mine products and oil and natural gas and its processed products, foods and beverages and other food additives, household health and cosmetics supplies, pharmaceutical prepared materials, narcotics, psychotropic, and their precursor and other addictive substances, chemical weapons and biological weapons.
Any person who conducts B3 management activities is obliged to prevent environmental pollution and or damage from occurring.
(1) B3 can be classified into as follows :
(2) B3 Classification as contemplated in paragraph (1) consist of :
(3) B3 as contemplated in paragraph (2) are listed in Attachment to this Government Regulation.
(1) Any B3 is obliged to be registered by the producer and or the importer.
(2) The obligation to register B3 as contemplated in paragraph (1) is applicable 1 (one) time for B3 produced and or imported for the first time.
(3) B3 Registration as contemplated in paragraph (1), that :
(4) The competent authority who provides B3 registration number as contemplated in paragraph (3) letter a shall submit the carbon copy to the responsible agency.
(5) The responsible agency who provides B3 registration number as contemplated in paragraph (3) letter b shall submit the carbon copy to the competent authority.
(6) Procedure for registration as contemplated in paragraph (5) and B3 national registration system shall be stipulated by Decree of the Head of Responsible Agency.
(1) Any person who exports B3 for limited use, is obliged to submit notification to the export destination country authority, transit country authority and to the responsible agency.
(2) B3 Export as contemplated in paragraph (1) can only be conducted after obtaining approval of the export destination country authority, transit country authority and the responsible agency.
(3) Approval of the responsible agency as contemplated in paragraph (2) constitutes a basis for issuance or rejection of the export permit from the competent authority in trade sector.
(1) Any person who imports B3 for limited use and or imported for the first time, is obliged to obey the notification procedure.
(2) The notification as contemplated in paragraph (1), is obliged to be submitted by the exporting country authority to the responsible agency.
(3) The responsible agency is obliged to give reply on the notification as contemplated in paragraph (2) within not later than 30 (thirty) working days as of the receipt date of request for notification.
(1) Any person who imports any new B3 that is not included in the list as contemplated in Article 5 paragraph (3), is obliged to observe the notification procedure.
(2) The notification as contemplated in paragraph (1) is obliged to be submitted by the exporting country authority to the responsible agency.
(3) The responsible agency as contemplated in paragraph (2) shall immediately notify to the B3 Commission for advices and or considerations of the B3 Commission.
(4) The B3 Commission shall give the responsible agency advices and or considerations concerning B3 as contemplated in Article 9 paragraph (1).
(5) Based on the advices and or considerations given by the B3 Commission to the responsible agency, the responsible agency shall :
Procedure of notification as contemplated in Article 7 paragraph (1), Article 8 paragraph (1) and Article 9 paragraph (1) shall be stipulated by Decree of the Head of Responsible Agency.
Any person who produces B3 is obliged to prepare Material Safety Data Sheet.
Any person responsible for transportation, storage, and distribution of B3 is obliged to furnish the Material Safety Data Sheet as contemplated in Article 11.
(1) Transportation of B3 shall use a transportation facility that is operation worthy and its implementation shall be in conformity with the transportation procedures as provided for in the prevailing statutory regulations.
(2) The requirements of transportation facility and transportation procedure as contemplated in paragraph (1) shall be stipulated by the competent authority in the field of transportation.
Any B3 that is produced, transported, distributed, stored must be packed in accordance with its specification.
(1) Each B3 package must be affixed with symbol and label and furnished with the Material Safety Data Sheet.
(2) Method of packaging, symbol fixing and labelling as contemplated in paragraph (1) shall be stipulated by Decree of the Head of Responsible Agency.
(1) In event any B3 package damages, then for :
(2) B3 as contemplated in paragraph (1) letter a and letter b, shall be stipulated further by Decree of the Head of Responsible Agency.
(3) In case the Decree of the Head of Responsible Agency as contemplated in paragraph (2) in not available yet, the B3 handing procedure as contemplated in paragraph (1) shall refer to the prevailing scientific principles.
(1) In case any symbol and label damages, a new symbol and label shall be affixed.
(2) Responsibilities of symbol fixing and labelling as contemplated in paragraph (1) to the damages in the following phases :
(3) Procedures of symbol fixing and labelling as contemplated in paragraph (1) shall be stipulated by Decree of the Head of Responsible Agency.
(1) Any B3 storing place shall be affixed with symbol and label.
(2) The B3 storing place as contemplated in paragraph (1) is obliged to meet the requirements of:
(3) The B3 storing place requirement criteria as contemplated in paragraph (2) shall be stipulated further by Decree of the Head of Responsible Agency.
Management of the B3 storing place as contemplated in Article 18 paragraph (2) is obliged to be equipped with emergency response system and B3 handling procedure.
B3 that are out of date and or not compliant with the specification and or used packages, shall be managed in accordance with the statutory regulations in the filed of Hazardous and Toxic Waste Management.
(1) In the framework of B3 management, a B3 Commission shall be established with a task to provide the government advices and or considerations.
(2) The B3 Commission as contemplated in paragraph (1) may consist of several B3 Sub-Commission.
(3) Membership composition of the B3 Commission as contemplated in paragraph (1) shall consist of representative(s) of the competent authority, representative(s) of the responsible agency, representative(s) of related agency, representative(s) of university, environment organizations, and associations.
(4) Membership composition, tasks, functions, and job description of the B3 Commission as contemplated in paragraph (3) shall be stipulated by Presidential Decree.
(1) Any person who conducts B3 management activities is obliged to maintain the work safety and health.
(2) The obligation as contemplated in paragraph (1) shall be perform in accordance with the prevailing statutory regulations.
(3) In performing the obligation as contemplated in paragraph (1) the person responsible for B3 management activities is obliged to involve the participation of his/her labours.
(4) Labour participation as contemplated in paragraph (3) shall be conducted in accordance with the guidelines as stipulated by the competent authority in the field of employment.
(1) In order to maintain the safety and health of workers and B3 supervisor, periodic medical test shall be conducted.
(2) The medical test as contemplated in paragraph (1) shall be conducted by respective agency in accordance with the prevailing statutory regulations.
Any person who conducts B3 management activities is obliged to manage any accident and or emergency resulting from B3.
In event any accident and or emergency occurs as a result of B3, then any person who conducts management activities as contemplated in Article 24 is obliged to take the following steps :
The apparatus of local Regencial/Municipal government, upon receipt of report on occurrence of accident and or emergency resulting from B3 as contemplated in Article 25 letter c, is obliged to immediately take management steps required.
The obligation as contemplated in Article 26, shall not diminish any obligation of the person who conducts management activities to:
(1) The authority of supervision to B3 management activities shall be exercised by the responsible agency and the competent authority in accordance with their respective scope of duty.
(2) In certain cases, the authority of supervision to B3 management activities as contemplated in paragraph (1) can be delegated to the Province/regency/City.
(3) The delegation of authority of supervision as contemplated in paragraph (2) shall be stipulated by the responsible agency and or the competent authority in their respective scope of duty.
The supervisor in conducting supervision to B3 management activities as contemplated in Article 28 paragraph (1), shall be equipped with identity and mandatory letter issued by the responsible agency and the competent authority in accordance with their respective scope of duty.
Any person who conducts B3 management activities is obliged to:
Any person who conducts B3 management activities is obliged to submit written reports of the B3 management periodically at least once every 6 (six) months to the responsible agency and the competent authority in their respective scope of duty with carbon copy thereof to the Governor/regent/Mayor.
The Governor/Regent/Mayor/Head of Responsible Agency and Top Management of the competent authority, may improve the community awareness in the potential impacts that may incur on the living environment, human health and other living creatures resulting from the B3 management activities.
Any person who conducts B3 management is obliged to improve the community awareness in the potential impacts of B3 that may incur on the living environment, human health, and other living creatures resulting from the B3 management activities.
The community awareness improvement as contemplated in Article 32 and Article 33 can be conducted by means of disseminating understanding on B3.
(1) The community preserves the rights to obtain information on the efforts of controlling the living environmental impacts resulting from B3 management activities.
(2) The information as contemplated in paragraph (1), shall be provided by the person responsible for B3 management activities.
(3) The provision of information as contemplated in paragraph (2) can be delivered through print media, electronic media and or announcement board.
Every person preserves the rights to participate in the B3 management in accordance with the prevailing statutory regulations.
Costs incurred in conducting activities as contemplated in :
(1) Violation to any provisions in Article 4, Article 6 paragraph (1), Article 7 paragraph (1), Article 8 paragraph (1), Article 9 paragraph (1), Article 11, Article 12, Article 13 paragraph (1), Article 14, Article 15 paragraph (1), Article 16 paragraph (1), Article 17 paragraph (1) and paragraph (2), Article 18 paragraph (1) and paragraph (2), Article 19, Article 20, Article 22, Article 23, Article 24, Article 25, Article 30, Article 31, Article 33, and Article 35 shall be subjected to administrative sanction.
(2) The administrative sanction as contemplated in paragraph (1) shall be implemented based on the severity of the violation in accordance with the prevailing statutory regulations.
(1) Person responsible for the business and or the activity whose business or activity results in serious and significant impacts on the living environment, that uses hazardous and toxic substances, and or generates waste of hazardous and toxic substances, shall be sole responsible for the losses incurred, with the obligation to pay compensation directly and suddenly at the time of the pollution and or living environment destruction occurs.
(2) Person responsible for the business and or the activity may be subjected with the obligation to pay for compensation as contemplated in paragraph (1) if the concerned person can prove that such a pollution and or living environment destruction
is caused by any of the following reasons :
(3) In the event of any losses resulted by third party as contemplated in paragraph (2) letter c, the third party shall be held responsible to pay for compensation.
Any person who violates any provisions as specified in Article 4, Article 6 paragraph (1), Article 11, Article 12, Article 13 paragraph (1), Article 14, Article 15 paragraph (1), Article 16 paragraph (1), Article 17 paragraph (1), Article 18 paragraph (1) and paragraph (2), Article 19, Article 20, Article 22, and Article 24 that results in pollution and or living environment damage, is threatened with punishments as contemplated in Article 41, Article 42, Article 43, Article 44, Article 45, Article 46, and Article 47 Law No. 23/1997 on Living Environment Management.
If at the time of publication of this Government Regulation:
Upon enactment of this Government Regulation, all of the existing statutory regulations relating with B3 shall be declared still operative as long as not in contradictory to and not amended under this Government Regulation.
Government Regulation shall come into force 6 (six) month as of its stipulation date.
For public cognizance, this Government Regulation shall be announced by placing it in the Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
On March 31, 2000
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
sgd
BAMBANG SUDIBYO