Non-compliance with the Environmental Quality (Industrial Effluent) Regulations 2009 in Malaysia can lead to serious penalties, including fines of up to RM100,000 and/or imprisonment for up to five years. Industries that fail to implement proper Industrial Effluent Treatment Systems (IETS) and conduct thorough Industrial Effluent Characteristic Studies may face additional repercussions, such as daily fines of RM1,000 for ongoing violations and the suspension of operating licenses. Recent amendments in 2024 have escalated potential penalties for extreme breaches to as high as RM10 million.
Punishment and Enforcement Include:
· Court Penalties: Under Regulation 32, violations generally lead to a maximum fine of RM100,000 or imprisonment for up to five years, or both.
· Daily Fines: Continued failure to comply with notices can result in additional fines of RM1,000 per day.
· Prohibition Order: The Department of Environment (DOE) can issue a Prohibition Order under Regulation 30, halting operations immediately.
· Director Liability: Company directors can be held personally liable for offenses committed by the company.
· Specific Breaches: Discharging effluents exceeding Standard A or B parameters (such as high Chemical Oxygen Demand - COD) directly violates Regulation 11 or 12.
· Amendment Impact: Recent updates from the Environmental Quality Act 1974 Amendments have significantly increased penalties, imposing fines of up to RM10 million for severe, intentional, or negligent pollution. It is crucial for industries to maintain proper IETS support and adhere to monitoring requirements, including Laboratory Sampling Analysis, to avoid these penalties.
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