Section 36
Power to direct controlled solid waste to be removed
of Solid Waste And Public Cleansing Management Enactment 2022
(1)
If any person has in his possession any accumulation of controlled solid waste or any consignment of controlled solid waste on any land or premises which is in contravention of this Enactment, which cause a nuisance or is prejudicial to health or offensive to the neighbourhood, the Authority may, by notice in writing served on that person, direct him to deliver the controlled solid waste within time specified in the direction to any solid waste management facilities or any areas as the Authority may determine for treatment or disposal.
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(2)
A direction under subsection (1) may require the person who is directed to deliver the controlled solid waste to pay the cost of treating or disposing of the controlled solid waste.
(3)
If the controlled solid waste is not delivered as directed under subsection (1) -
(a)
the Authority shall cause the controlled solid waste to be collected by any person authorized by the Authority; and
(b)
the cost incurred in collecting the controlled solid waste by the person authorized under paragraph (a) shall be a debt due to the Authority and shall be recoverable accordingly.
(4)
The Authority may, upon application made by any person and with any condition that it thinks fit, permit the storage of any kind of recyclable solid waste or any consignment of controlled solid waste on any premises.
(5)
Any person who fails to comply with the direction under this section 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.
(6)
For the purposes of this section, "nuisance" has the meaning assigned to it in section 2 of the Local Government Ordinance 1961 [No. 11 of 1961].