Section 32
of Solid Waste And Public Cleansing Management Enactment 2022
Section 32
(1)
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 Enactment.
(2)
All controlled solid waste shall be deposited, treated, kept, stored or disposed of only at solid waste management facilities licensed under this Enactment.
(3)
Notwithstanding subsection (2), the Minister 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 Enactment or any regulations made under this Enactment or in areas other than solid waste management facilities.
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(4)
In exercising his powers under subsection (3), the Minister 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);
(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 Enactment.
(6)
Any person in possession of any controlled solid waste shall without any unreasonable delay inform the Authority 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
Enactment 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 Authority 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.