The regulatory approach, which is based on Uniform Emission Standards concept is discussed I n relation to the opposite concept of River Quality Objectives. Every human being should have access to safe water for drinking, adequate sanitation, and enough food and energy at a reasonable cost. The Durian Tunggal incident in 1991 and the more recent Klang Valley water crisis in 1998 have driven home a very clear message to Malaysians.
The regulatory approach, which is based on Uniform Emission Standards concept is discussed I n relation to the opposite concept of River Quality Objectives. Every human being should have access to safe water for drinking, adequate sanitation, and enough food and energy at a reasonable cost. The Durian Tunggal incident in 1991 and the more recent Klang Valley water crisis in 1998 have driven home a very clear message to Malaysians.
The regulatory approach, which is based on Uniform Emission Standards concept is discussed I n relation to the opposite concept of River Quality Objectives. Every human being should have access to safe water for drinking, adequate sanitation, and enough food and energy at a reasonable cost. The Durian Tunggal incident in 1991 and the more recent Klang Valley water crisis in 1998 have driven home a very clear message to Malaysians.
By Ir: Hj. Suhoimi Abdul-Tolib, Ir: Hjh. Junoidoh Ariftin ondlr: Hj. Bohordin Bohorom, Foculty of Civil Engineering, Universiti Teknologi MAR4 Eventhough Malaysia is blessed with abundant supply of water resources, spatial and temporal variation of rainfall distribution and increasing incidences of river pollution have caused several crises i n water supply services. The regulatory approach, which is based on Uniform Emission Standards concept is discussed i n relation to the opposite concept of River Quality Objectives. It has been acknowledged that due t o a number of constraints, the measures adopted by the Government have to some extent failed to safeguard the well-being of our natural water resources. The paper also proposes that economic instruments should be used t o complement the existing regulatory instruments, so that more innovative and cost-effective pollution control measures will emerge that would be suited to specific industries. W ater is life; every human being, now and in the future, should have access to safe water for drinking, adequate sanitation, and enough food and energy at a reasonable cost Providing adequate water to meet these basic needs must be done in an adequate manner that works in harmony with nature (WCW 2000). There is no denying that water is a very important natural resource. Irrigation, domestic and industrial needs consume water while other developments such as hydroelectric power generation, recreation and transportation rely on the availability and quality of water. Flood mitigation and agricultural drainage require an efficient system to dispose water in order to prevent loss of lives and damages to properties (Keizrul and Juhairi, 1996). The wide variety of demand for water to meet various objectives has provided multi- dimensional challenges to the engineering communities in the past and in the future. The Durian Tunggal incident in 1991 and the more recent Klang Valley water crisis i n 1998 have driven home a very clear message to Malaysians. We have now leamed the painful lesson that water supply can be disrupted if a severe and prolonged drought sets in or water sources are severely polluted beyond the handling capacity of the trealment plants. Besides this, poor monitoring and maintenance of the distribution system may lead to a large amount of losses and wastes in the distribution system, thus making supply insufficient to meet demand. Th e Go v e r n me n t h a s acknowledged the importance of protecting our water resources. The seriousness on ensuring that natural water resources were systematically developed was reinforced during the Sixth Malaysia Plan (1991-95) where water resources was given a separate chapter that integrated water supply, drainage, sewerage and all users of water resources moh, 1992). Status of Water Resources in Malaysia Eventhough Malaysia has been blessed with abundant supply ofwater resources, the authorities, industries and the society should not take for granted that there will always be sufficient supply to meet the demand. The annual rainfall over the Malaysian land mass amounts to 990 billion m3, of which 566 billion m3 appear as surface runoff and about 64 billion m3 recharge groundwater. The balance, about 360 billion m3, returns to the atmosphere through evaporation and transpiration (JICA, 29-92). There are more than 150 river systems in Malaysia, that as a whole contribute to an estimated 97% of raw water supply source. The large quantity of water apparently available as cited above, unfortunately does not guarantee adequate supply to all users because of the non-uniform temporal and spatial distributions of rainfall. Sewage water pollution discharge capacity of the natural channel flthnin, 1996). If this trend persists, then the cost to supply water to meet the increasing demands will increase as new intake and treatment facilities will have to be located further upstream, requiring higher investments in supply mains and reticulation systems. Costs of treatment will escalate, as more advanced and complex treatment procedures will then be required. If proper attention is not given to redress the present situation, then Malaysians will, in the near future, be forced to pay a high price for this neglect. River Pollution The Malaysian Environmental Quality Act - 1974 defines pollution as &RB, 1995): "Any d i i or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of a c c O u ~ for about any part of the environment, by discharging, emitting, or depositing 79% of the ~0llIltiOn wastes SO as to affect anv beneficial ~ ~ - ~ - - ~~ ~~~ ~~ ~ ~ " ~ ~ ~ ~ ~ - ~ ~ ~ - S O U ~ . while industrial use adversely, to cause a condition - - , .. ... ' and agricuttural which is hazardous or potentially h d o u s to public health, safety and ~0llUfi0n acc~unf for welfare, or to animals, birds, wildlife. 8% and 13% respectively. On top of these variations, increasing incidences of pollution have resulted in fewer sources being s u i t a b l e f or wa t e r s uppl y developments. The quality of our riven has deteriorated during the last several years. Rivers suffer as more water is drawn to meet increasing demand, but more damage results from water that is put back into them by communities, adding sewage and other wastes and effluents. The problem of water pollution is now becoming more serious with reports indicating a downward trend of about 1% per annum in river water quality. Sewage water pollution accounts for about 79% of the pollution source, while industrial and agricultural pollution account for 8% and 13% respectively. Sedimentation and siltation of rivers from land development C l e m will continue to degrade water quality and affect the fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction to which a licence under this Act is subject." In essence, the definition focuses on safeguarding the beneficial usg of rivers for the living environment. In order to monitor pollution, two important factors must be clearly identified and quantified. These are: (a) the beneficial uses of the rivers and their associated water qualities. (b) the assimilative capacity of the water body, which defines the maximum pollution load that can be introduced into the rivers. Pollution to rivers or any controlled waters can be classified into three distinct categories (NRA, 1994) i.e. isolated pollution incidents, I diffused pollution and point source discharges. Isolated pollution incidents may arise from accidental spillage, illegal dumping of pollution or failure of treatment processes or include contaminated runoffs from throughdearlydefined locations,such plants leading t o very poor effluent agricultural land containing pesticides as outlet pipes. quality being discharged t o natural and fertilisers, percolation of material water courses. Diffused pol l uti on i s f rom contaminated l and or l andfi l l River Pollution ControlMeasums caused by pollutants entering water sites, and contaminated rainfalls. Point A survey of literature on this topic courses through locations whi ch are sources discharges are caused b y yi el ds basi cal l y t wo fundamental not clearly defined, and these may pol l utants enteri ng water courses philosophies regarding surface water Table 1: Comparison of the two philosophies in water pollution control Adapted fmrn Ellis (19891 and Kinnersley (1994) Works towards Uniform Emission xanuarus ~~osj . safeguard the water quality so as to To limit ail polluting discharges uniformly. nsure that future beneficial uses are not Does not consider di ution available or the existing quality of the stream nor its future beneficial uses. Does not take into consideration seasonal effects. oids the necessity to treat discharges May lead to the elimination of unacceptable substances unreasonable levels where assimilation through the use of best practical technology. apacity is high (Krenkeland Novotny, 1980). pproach is more rational , readily Requires less extensive monitoring network. perable and reasonably achievabip asily monitored when industries Easy to implement with minimum financial and technical ischarge into sewer systems. Incur unnecessary expense in areas where no appreciable Difficult to divide natural assimilation lay inhibit progress in regions due to high costs of capacity of the receiving water equally Requires extensive network to monitor Does not allow optimisation of resources associated with te river system. Depends on minimum parameter values used to defined river classes or beneficial uses. pollution control (Ellis, 1989; Mtller, 1987; Kinnmley, 1994). These two philosophies can be described as river oriented on one hand and efluent oriented on the other. River oriented approach relies on the natural ability of the river to self- purify. Self-purification is a slow process which removes or otherwise renders polluting substanm harmless. Self-purification mechanisms of natural rivers include physical, chemical and biological processes. Detailed discussion on this topic can be found in Peavy et aL (1985). The concept of self-purification of riven basically enables the receiving water to accommodate and naturally break down the polluting substances. If the polluting substances can be limited to levels that are within the self- purification ability of the rivers, expensive beatment of effluents may be unnecessary, and yet, the quality of the water in the riven will not deteriorate in the long term. The effluent oriented approach tends to concentrate on technical aspects of limiting polluting substances from reaching water courses. Technologies related to selection and preparation of raw material, production processes, waste minimisation, recycling and waste and wastewater treatment are the focus of this approach. The attributes and characteristics of the two philosophies are compared and summarised in Tabk I. In essence, both the river oriented and effluent oriented systems rely on regulations that are enforced by a regulatory agency. Table 2: Bodies Responsible for River Basin Monitoring in Malaysia River Pollution Control In Malaysia The Government of Malaysia has established the legal and institutional arrangements in order to promote envi r onment al l y sound and sustainable development. Currently, Malaysia has more than 30 directly related water laws for water resources development and management Some of the laws were legislated as state laws while others as federal laws. Several statutory bodies were set up at local level to coordinate projects related to water resources development. Thus, water resources development and management is a federal-state-local matter. B U L E T I N I N G E N I E U R 48 Table 3: Overview on the application of regulatory and economic instruments in pollution control (adapted from Bernstein (1993)) a Give the reaulator maximum authoritv to control where and how iesources wiil be spent to achieve environmental objectives. 8 Provide the regulator a reasonabledegree of predictabilii on the level of pollution reduction a Promote cost-effective means for achieving acceptable levels of pollution. a Stimulate development of pollution control technology and expertise in the private sector 8 Provide the Government with a source of revenue to suppon pollution control programmer a Provide flexibility in pollution control technologies 8 Eliminate the Government's requirement for large amounts of detailed information needed to determine feasible and appropriate level of control for each plant or product. inefficient for the regulatory agency, as they require detailed technical Effects of economic ~nstruments on environmental quality are not as knowledge on a wide variety of industries in order to be able to prescribe predictable compared to the use of regulatory instruments. the acceptable limits of emisvon or effluent. Some polluten may choose to pollute and pay the fines if thecharges are set at appropriate levels. Pollution Charges Ambi ent Environmental Quality Standard - ~stabl~shes fhe highest EfRwntand EmissionCharger- FeesieviedbytheGovemmemauthority allowable concentration of roeclfled ~ l l ~ t a n t s in the ambient air or water based on auantitvlaualitv of wllutants dixharaed into the environment. I - Effl uentof Emission Standard-~stablshesthe maximum level on the User Charges 1 ~l r ec i payments for the co& of public treatment of total quantity or concentration of a pollutlon discharge from a pollution pollutlon, such as for treatment of sewage. source. The standard mav include maximum llmlts durauon for discharqe, Product Charges- kes added to the prlce of products or product inputs max.mt,m average of dally ,a .es an0 mon:toring requirements. - I tla: cause poil;t~on, eitner in the manufact~rinb or co?s~n$ion phases. Technoloav-based Standards - A s~ecific technolaav is swc:l eo to Administrative Chames - Fees aid to a~t nor ~r es for sewices such as I -, . control the-kluent levels. Performance Standards -The maximum level of emission i s defined by the performance of a process or product. This is usually applied to the automobile industry. Product Standards - Establish the maximum level of poliutantc that can be discharged In terms of per unit product output. Process Standards - Limit the emission of pollutants associated with specific manufacturing processes. - chemical registration or the implementation and enforcement of environmental regulations. Tax Differentiation - Used to promote the consumption of products that are environmentally safe. This instrument provides a positive charge on a polluting product and a negative charge on a cleaner alternative. Market Creation Marketabl e Permits -The authorities determine a taraet level of environmental quality which is translated into allowable poi hi on loads. The allowable loads are then sold as pennrts. Liability Insurance - A system where nsks for damaged penalties are transferred from individual companies or public agencies to insurance companies. An incentwe is created by the possibility of lower premiums when industrial processes are more secure. Subsidies Grants and Low Interest Loans - Finance technolosical research, pollution abatement equipment or subsidise personnel training. Taxincentives -Tax credit or accelerated de~reclatlon for investments in equipment to control pollution. Deposit-Refund System Consumerspaya wrcharge(deposit) when purchasing a potentially polluting product. The deposit is returned when the users return the product to approved disposal centres. Enforcement incentives Non-compliamFees-imposed when pallutersexceedpermisrtble limits Performance Bonds - Payment made to regulatory agenc~es before a potentlaliy polluting aaivlty IS undeltaken. The payment is returned when the performance of the activity IS acceptable ~a bi l i t y ~ul ~nme ~- ~mv ~de s Incentives toaaual or potential polluters to protectthe environment by making them liable for damagetheycaused. PRODUCTSTANDARDS PRODUCTCHARGES ADMlNlSlRAllVE CHARGES Wastes Generated PRODUCT 1 , BY Consumotion A I 118 PRODUCTSTANDARD> I I TECHNOLOGY-BASED STANDARDS 1 I I PROCESS STANDARDS PERFORMANCE STANDARDS PRODUCT STAND PERMIT AND LICENCES PERMKAND LICENCES LAND &WATER USE CONTROLS LAND & WATER USE CONTROLS MARKETABLE PERMITS USERCHARGES LIABILININSURANCE LIABILITY INSURANCE SUBSIDIES I I SUBSIDIES NON-COMPLIANCE FEES NON-COMPUANCE FEES PERFORMANCE BONDS PERFORMANCE BONDS Figurn 1: The use of combined regulatory and economic instruments in pollution control (adapted from Bernstein, 1989) The main legislation that is related to the prevention, abatement and control of pollution and enhancement of the environment in Malaysia, is the Environmental Quality Act (EQAI - 1974. The Act restria the discharge of wastes into the environment that exceeds "acceptable conditions", through what is known as Parameter Limits system. For discharges into rivers, the system operates on a single or two tier blanket limits which does not incorporate the ambient standard of livas &gal Research Board, 1995). Jn essence, it subscnies to the Uniform Emission Standards (UESI approach. This may lead to over or under specification of W a g e consents that may either be unnecessarily harsh for industries or detrimental to the rivers. Department of Environment, DOE (1986) had also adrnowledged that the present system is inadequate, as it does not take into consideration the self- purification ability of individual stretches of rivers. Effective river pollution control in Malaysia is hindered by the following factors: (a) Lack of baseline data to enable water quality objectives and stan- to be formulated DOE- UM, 1986). This factor is being rectified when DOE embarked on a privatisation package for the monitoring of water and air quality throughout the country. Another study on the status of water resources in Malaysia needs to be done, as the only study on this was conducted in 1982. (b) The absence of a single body responsible for the integrated planning, development and management of liver basins. Data associated with river basins are present l y moni t ored independently by several departments as shown in Table 2. Several calls have been made for the Government to establish a single body - National Water Council - to manage river basins in Malaysia in an integrated manner. (c) Inadequate regulations under the EQA-1974 to protect ambient water quality. Continuing degradation of water quality in several water courses has been reported despite the fact that the industries are generally i n compliance with the Effluent Discharge Standard (DOE, I994a). Many industries, e.g. textile, is not controlled by effluent standards. (d) Inadequate funding towards pmviding personnel and facilities for monitoring and enforcement. Whilst there are 94 River Basin Quality Control Regions in the country, only 16 have been studied and classified (DOE, 1994~). Alternative Measures For River Pollution Control As previously mentioned, the pollution conbol measures adopted in Malaysia are based on regulatory instruments. Regulatory instruments rely on standards, parameter limits, permissible levels or discharge consents. This approach put the burden of pollution control on the Government and stiffled the potential of pollution abatement technologies that may emerge from the industries. River pollution control can also be achieved through a number of economic instruments. Though regulatoly instruments - command and control approach - has been the predominant strategy in most countries, the economic instruments are now becoming more popular in indushialised countries (Emstein, 1993). Economic instruments include the use of pollution charges, market creation, subsidies, deposit refund system and enforcement incentives. Detailed comparison of the two instruments is provided in Table 3. Economic instruments may stimulate the development of pollution control technology in private sectors, promote cost-effective means of achieving acceptable levels of pollution and reduce the financial burden of providing support for pollution control programmes to Governments (OECD, 1989). However, the implementation of economic instruments cannot eliminate the need for regulatory instruments such as standards, envi r onment al moni t or i ng, enforcement and other forms of Government participation. In fact, a successful implementation of economic instruments relies on the existence of appropriate standards, moni t or i ng net wor ks and enforcement policies. Figure 1 iuustrates the various locations for imposing regulatory and economic instruments within the life cyde of the pollutants. It is clear that the combined use of regulatory and economic instruments provides a more integrated approach to pollution control. By taking into consideration the life cycle of the product, manufacturers tend t o be more innovative and cost-effective in selecting the raw material and appropriate processes to minimise the costs of production and damage to the environment. Not only that, the consumers who use the product will have to pay directly for the disposal of t he pollutants when product charges are incorporated in the system. This is a much fairer system in the sense that 'the polluter pays' principle is applied directly to the actual users rather than the society as a whole. B U L E T I N I N G E N I E U R 51