What Permits Do You Need Before Discharging Industrial Wastewater?

PERMENLHK 5/2021, effective February 25, 2021, fundamentally restructured Indonesia's industrial wastewater discharge permitting system by introducing a two-stage authorization framework. Prior regulations allowed facilities to construct treatment plants and commence discharge operations simultaneously, often resulting in undersized or technically deficient systems unable to meet quality standards. This regulation separates construction approval (Persetujuan Teknis - Technical Approval) from operational authorization (Surat Kelayakan Operasional - SLO / Operational Feasibility Certificate), ensuring that treatment infrastructure is properly designed, constructed, and tested before routine discharge begins. This phased permitting approach mirrors international best practices in developed environmental regulatory systems, providing authorities with intervention points to prevent non-compliant facilities from ever commencing operations.

1.0 The Two-Stage Framework: Design Approval Before Operational Authorization

Article 3 establishes that all businesses or activities subject to AMDAL (Environmental Impact Assessment) or UKL-UPL (Environmental Management and Monitoring Plans) and conducting wastewater or emission discharge must obtain: (1) Persetujuan Teknis before constructing wastewater treatment plants or air pollution control equipment; and (2) Surat Kelayakan Operasional (SLO) before commencing routine discharge operations. This two-stage requirement applies to all industrial sectors: manufacturing (textiles, pulp/paper, chemicals, food processing), mining and ore processing, oil and gas extraction and refining, power generation, and large-scale agriculture (palm oil mills, rubber processing). Article 4 clarifies that Persetujuan Teknis focuses on treatment system design adequacy—capacity calculations, technology selection, equipment specifications—while SLO focuses on operational performance—actual effluent quality, equipment functioning, operator competence.

Article 5 specifies Persetujuan Teknis content requirements. Applications must include: (a) treatment system design drawings prepared by certified environmental engineers; (b) process flow diagrams showing wastewater streams, treatment stages, and discharge points; (c) hydraulic calculations demonstrating adequate treatment capacity for peak flow rates; (d) equipment specifications (pumps, aerators, clarifiers, filters, disinfection systems) with manufacturer technical data; (e) chemical usage plans (coagulants, disinfectants, pH adjusters) with storage and handling procedures; (f) predicted effluent quality based on design parameters, demonstrating compliance with applicable wastewater quality standards; (g) construction timeline with completion milestones; (h) operational procedures manual detailing equipment operation, maintenance schedules, and emergency response protocols; and (i) environmental monitoring plan specifying sampling locations, parameters, frequency, and analytical methods.

Article 6 requires environmental authorities to evaluate Persetujuan Teknis applications within 20 working days for facilities with straightforward treatment needs (conventional activated sludge, lagoons) or 40 working days for complex systems (advanced tertiary treatment, zero liquid discharge systems, specialized industrial wastewater). Evaluation criteria include: treatment technology appropriateness for wastewater characteristics, design capacity adequacy for current and projected production, compliance with applicable wastewater quality standards, equipment reliability and maintenance feasibility, operator skill requirements and training plans, and emergency response preparedness for treatment failures or spills. Approval may be conditional, requiring design modifications or additional pollution control measures before final authorization. Rejection requires detailed technical justification, allowing applicants to revise and resubmit.

2.0 Obtaining Operational Authorization: SLO Requirements and Testing

Article 7 establishes SLO prerequisites. Facilities may only apply for SLO after: (a) completing wastewater treatment plant construction according to approved Persetujuan Teknis designs; (b) conducting commissioning tests demonstrating treatment system functionality; (c) operating treatment plant for minimum 30 consecutive days producing effluent meeting quality standards; and (d) training operations personnel on equipment operation, maintenance procedures, and environmental monitoring. This phased approach ensures that facilities do not commence routine operations with untested or malfunctioning treatment systems, preventing water pollution from inadequately prepared facilities.

Article 8 specifies SLO application requirements. Facilities must submit: (a) as-built drawings documenting actual constructed treatment plant (which may differ from initial designs due to field adjustments); (b) commissioning test reports from accredited laboratories showing effluent quality over 30-day trial period, demonstrating consistent compliance with all parameters; (c) equipment operation logs recording flows, chemical dosing rates, and equipment performance parameters; (d) operator training certificates from accredited environmental training programs; (e) environmental monitoring procedures manual; (f) maintenance schedules for equipment (daily, weekly, monthly, annual activities); and (g) emergency response plan for treatment failures, chemical spills, or discharge exceedances. Applications must be supported by independent verification from certified environmental auditors confirming that constructed systems match approved designs and trial operation demonstrates compliance capability.

Article 9 requires authorities to conduct verification inspections before issuing SLO. Inspectors physically visit facilities, observe treatment plant operation, collect independent effluent samples for laboratory analysis, interview operators to assess competence, review maintenance records for adequacy, and evaluate overall operational readiness. Only after confirming that treatment systems are properly constructed, functionally operational, and staffed by trained personnel may authorities issue SLO. Article 10 specifies SLO validity periods: 5 years for facilities demonstrating excellent compliance during trial period (all parameters consistently below 80% of applicable standards), 3 years for facilities with acceptable compliance (occasional exceedances not exceeding standards by more than 10%), requiring periodic renewal with re-verification. This variable validity incentivizes superior environmental performance with reduced administrative burden.

3.0 Operational Obligations: Continuous Compliance and Reporting

Article 11 establishes ongoing monitoring obligations for SLO holders. Facilities must conduct self-monitoring: monthly for large facilities (daily discharge exceeding 500 m3), quarterly for medium facilities (50-500 m3/day), semi-annually for small facilities (less than 50 m3/day). Monitoring must measure all parameters specified in applicable wastewater quality standards for the facility's industrial sector. Article 12 requires continuous online monitoring (CEMS - Continuous Emission Monitoring Systems; SPARING - Sistem Pemantauan Kualitas Air Limbah Secara Terus Menerus) for facilities discharging more than 1,000 m3/day or handling hazardous wastewater, transmitting real-time data to environmental authority servers enabling immediate violation detection.

Article 13 mandates quarterly reporting to environmental authorities. Reports must include: raw monitoring data with laboratory certificates, statistical summaries (minimum, maximum, mean concentrations), compliance evaluation comparing results to standards, production data to assess pollutant loading trends, equipment maintenance activities conducted, chemical usage records, and operator training completion. Reports must explain any standard exceedances, identifying causes (equipment malfunction, operator error, raw material quality changes) and corrective actions implemented preventing recurrence. Article 14 requires facilities to maintain records for minimum 5 years, enabling long-term compliance trend analysis and regulatory audits.

Article 15 establishes incident reporting requirements. Facilities must notify authorities within 24 hours of: treatment system failures causing untreated wastewater discharge, equipment malfunctions preventing pollution control, chemical spills contaminating wastewater beyond treatment capacity, or any discharge exceeding applicable standards by more than 50%. Notification must include incident description, estimated pollutant quantities discharged, affected receiving water extent, immediate containment actions taken, and remediation timeline. Failure to report incidents promptly constitutes violation subject to separate sanctions beyond the underlying pollution offense.

4.0 SLO Modification, Suspension, and Revocation

Article 16 addresses facility modifications affecting wastewater characteristics or volumes. Facilities planning production increases exceeding treatment plant design capacity, process changes altering wastewater composition, or product line additions generating new pollutants must apply for Persetujuan Teknis modification before implementation, followed by SLO renewal after modification completion and demonstration of continued compliance. This prevents facilities from exceeding treatment system capacities through incremental expansions evading regulatory review.

Article 17 establishes SLO suspension conditions. Authorities may temporarily suspend SLO for: facilities with two or more standard exceedances within 12 months, facilities failing to submit required monitoring reports for two consecutive periods, or facilities modifying operations without obtaining approval. Suspension prohibits wastewater discharge, requiring facilities to halt operations or store wastewater in temporary containment until compliance is restored. Article 18 specifies suspension duration: 30 days for first suspension, 90 days for second suspension within 24 months. Facilities must demonstrate compliance restoration through independent verification before SLO reinstatement.

Article 19 establishes SLO revocation conditions: three or more suspensions within 36 months demonstrating chronic compliance failure, severe violations causing serious environmental damage (river pollution, groundwater contamination, ecosystem destruction), intentional falsification of monitoring data, or operation without valid SLO after initial authorization expires. Revocation permanently terminates discharge authorization, requiring facilities to obtain new Persetujuan Teknis and SLO through complete re-application process, including treatment system redesign if existing infrastructure proved inadequate. Article 20 specifies that SLO holders may appeal suspension or revocation decisions within 14 days, submitting appeals to higher authority (Minister for provincial-issued SLO, Governor for district-issued SLO) with supporting evidence demonstrating errors in violation findings or excessive sanction severity.

5.0 Incentives, Streamlining, and Implementation Support

Article 21 introduces incentive mechanisms for superior performers. Facilities maintaining zero violations for 36 consecutive months with effluent quality consistently below 50% of applicable standards may receive: reduced monitoring frequency (quarterly instead of monthly), expedited permit renewal processing (automatic renewal without re-inspection), public recognition through Green Industry certifications or PROPER awards, and priority consideration for permit expansions. These positive incentives balance punitive enforcement with rewards for exemplary environmental stewardship.

Article 22 establishes streamlined processing for low-risk modifications. Minor changes not increasing pollutant loads—equipment upgrades improving treatment efficiency, process optimizations reducing wastewater generation, chemical substitutions with less toxic alternatives—may receive abbreviated Persetujuan Teknis review within 10 working days rather than standard 20-40 days. Article 23 allows facilities with established compliance records to obtain provisional SLO allowing operational commencement after 15-day trial period rather than mandatory 30 days, reducing operational delays for reliable performers.

Article 24 mandates government capacity-building support. Environmental authorities must provide: technical guidance documents on treatment technology selection, training programs for facility environmental personnel, subsidized laboratory analytical services for small enterprises unable to afford commercial laboratories, and mediation services resolving disputes between facilities and affected communities. Article 25 requires annual regulation review, evaluating permit processing timelines (identifying bottlenecks causing delays), compliance rates (assessing whether standards are appropriately stringent), and industry feedback (identifying compliance barriers requiring policy adjustment). This adaptive management approach ensures the permitting system continuously improves effectiveness while maintaining enforceability.

Regulation Reference

Regulation: PERMENLHK No. 5 Tahun 2021
Full Title: Peraturan Menteri Lingkungan Hidup dan Kehutanan Republik Indonesia Nomor 5 Tahun 2021 tentang Tata Cara Penerbitan Persetujuan Teknis Dan Surat Kelayakan Operasional Bidang Pengendalian Pencemaran Lingkungan
Enacted: February 25, 2021
Published: BN 2021/NO 268
Legal Basis: PP No. 22 Tahun 2021 on Environmental Protection and Management
Official Source: BPK Database - Details 210999

Legal Disclaimer

This analysis is provided for informational and educational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy, regulatory interpretation may vary. For specific legal guidance regarding Persetujuan Teknis or SLO applications, compliance obligations, or permit appeals under PERMENLHK 5/2021, consult qualified Indonesian environmental legal counsel or contact the Directorate General of Pollution and Environmental Damage Control at the Ministry of Environment and Forestry.

Disclaimer

This article was AI-generated under an experimental legal-AI application. It may contain errors, inaccuracies, or hallucinations. The content is provided for informational purposes only and should not be relied upon as legal advice or authoritative interpretation of regulations.

We accept no liability whatsoever for any decisions made based on this article. Readers are strongly advised to:

• Consult the official regulation text from government sources
• Seek professional legal counsel for specific matters
• Verify all information independently

This experimental AI application is designed to improve access to regulatory information, but accuracy cannot be guaranteed.