Section 71
of Solid Waste and Public Cleansing Management Act 2007
Section 71
No person shall deposit, separate, store, keep, collect, transfer, transport, treat or dispose of or cause to be or permit to be deposited, separated, stored, kept, collected, transferred, transported, treated or disposed of any controlled solid waste otherwise in accordance with this Act.
(2)
All controlled solid waste shall be deposited, treated, kept, stored or disposed of only at solid waste management facilities licensed under this Act.
(3)
Notwithstanding subsection (2), the Director General may, by notification published in the Gazette, specify any category of controlled solid waste which may be deposited, treated, kept, stored or disposed of otherwise in accordance with this Act or any regulations made under this Act or in areas other than solid waste management facilities.
(4)
In exercising his powers under subsection (3), the Director
General shall have regard to—
(a)
any controlled solid waste which are small enough or of such a temporary nature that it may be excluded from the application of subsection (2);
Act 672
(b)
any means of treatment or disposal of any controlled solid waste which is innocuous enough that it may be excluded from the application of subsection (2); and
(c)
cases for which adequate controls are provided for under any other written law.
(5)
No owner or occupier of the licensed solid waste management facilities shall receive, process or treat any controlled solid waste otherwise in accordance with this Act.
(6)
Any person in possession of any controlled solid waste shall without any unreasonable delay inform the Director General of any accidental or unintended disposal of controlled solid waste at any place or area, other than the place or area at which that person is permitted under this Act to dispose of any controlled solid waste.
(7)
Any owner or occupier of any premises shall take all reasonable measures to prevent unauthorized disposal of controlled solid waste on his premises and shall without any unreasonable delay inform the Director General of such unauthorized disposal.
(8)
Any person who contravenes subsection (1) or (5) commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not less than six months and not exceeding five years or to both.