Section 76
Power to direct removal of unlawful depositing or disposing of controlled solid waste
of Solid Waste and Public Cleansing Management Act 2007
If any controlled solid waste is deposited or disposed of in contravention of this Act, the Director General may, by notice in writing served on—
(a)
the owner or occupier of the premises;
(b)
the person who deposited or disposed the controlled solid waste; or
(c)
the solid waste generator, direct him to remove the controlled solid waste from the premises within a period of not more than three days from the date of the service of the notice.
(2)
If the controlled solid waste is not removed as directed under subsection (1), the Director General may cause the controlled solid waste to be removed by any other person authorized by the
Director General.
(3)
If the Director General exercises the power conferred on him under subsection (2), the cost incurred in removing the controlled solid waste shall be a debt due to the Government and shall be recoverable accordingly from—
(a)
the owner or occupier of the land or premises unless he proves that he neither made nor caused or permitted the deposit of the controlled solid waste and that he took all reasonable measures to avoid the deposit on the premises;
(b)
the person who deposited or disposed of or caused or permitted the deposit or the disposal of the controlled solid waste; or
(c)
the solid waste generator.
(4)
The Director General may give directions to the owner or occupier of any premises to allow access to the premises for the removal of unlawfully deposited solid waste by any person directed by the Director General.
Act 672
(5)
Any person who fails to comply with a direction under subsection (4) 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 exceeding six months or to both.
Offences for causing damage to vehicles, receptacles or other solid waste management facilities