JUSTICE FOR THELASTRIVER

Surabaya river is the last river –

Ecological Observation and Wetlands Conservation (ecoton) sued the Provincial Governor and BAPEDAL (environmental management agency) of East Java for neglecting to enforce existing water quality laws and ignore the dumping of untreated industrial waste into Surabaya River. The main support is from NGO called LBH Surabaya as a legal aid organization that served as our legal representative for free. They help us to prepare all the legal documents for the court. We also have many support from some community groups, NGO friends, university researchers, media and even from some ‘good’ BAPEDAL staffs as well. They gave us supporting words and suggestion. But, Many of public components were pesimistic to our legal action since they still doubt on the legal institution process and courts in Indonesia.

wastewater dispose without treatment

 

 

 

 

POWER OF COURT

The lawsuit was the first of its kind in East Java against a Governor and which sought to change public policy. The court ordered the Governor to formulate a decree and set a total maximum daily load[1] for the Surabaya River, as well as establish a system for monitoring the maximum daily load. Both of these orders must be in place within the next twelve months. This is a win for Ecoton, communities around the Surabaya and the environment, all which are negatively affected by the high level of water pollutants, especially mercury.

the Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. Water quality standards are set by States, Territories, and Tribes. They identify the uses for each waterbody, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calculation must also account for seasonal variation in water quality.

Surabaya river is a source of water that is in four regency/municipal and must be regulated with the provincial regional regulation (according to the Government regulation of the republic of Indonesia Number 82 of 2001) but unfortunately Since 1987 East Java Provncial government never stipulated the water classes for Surabaya river. We ask the government to set up the new water classes for Surabaya River that suitable with present condition. Our recent win in the dispute against Provincial Governor of East Java is important to the community and sets a precedent in East Java. It was a great success that the Judges Committee in the trial support Prigi’s Claims and ordered Governor to commence the regulation for proposed water use of Surabaya River that already old fashioned, since the regulation was made in 1987 and the present situation is not applicable anymore. The Environmental Impact Management Board in East Java Province also agree to assess total maximum daily load of Surabaya River and commence the total maximum daily load of Surabaya River to be used as reference for further industrial development plan and releasing waste disposal permit in Surabaya River watershed. Even more he has influenced MUI or Indonesian Islamic Leader Board to issue Fatwa or moslem commandment that forbid people to dispose waste directly without treatment into Surabaya River.

 

TAKE ACTION

It is ultimately expected that the governor or regent, according to their authority, will take action for a polluter to be prosecuted. The problem of accountability for steps up to that point is very unclear. Provincial authorities hold municipal government responsible for not having commitment or capacity to address the issue of urban and industrial pollution, while municipalities and other stakeholders consider the governor too inaccessible to call upon to address it. There is also a problem of weak penalties for those industries that are prosecuted, which does not make polluting prohibitive.  When asked how they might envision the possibility of tackling industrial pollution, PJT I staff would like to see the polluter-pays-principle as an instrument to encourage industries to limit their level of pollution to that agreed to in their license. Monitoring, charging a fee for pollution, and having a strong pollution law would all help  to improve treatment facilities and to give industries incentive for treatment. There is a legal basis for water pollution fees in Government Regulation No. 6/1981 (and also PP 82/01), which stipulates that a contribution to fund water resources infrastructure O&M can be collected as a payment from those industries whose activities have polluted water bodies within PJT I’s jurisdiction. The national government is currently trying to set up further enabling legislation for regional and local government wastewater disposal licensing and fee collection for all river watersheds. Hopefully this will be piloted in the Brantas watershed with PJT I playing a major operational role through an operational concession from the Provincial Environmental and Pollution Control Office. In this context it is important to note that the water supply companies, which would usually have a major incentive to improve wastewater treatment, are only responsible for water supply. Thus, their incentives, like those of every other stakeholder, lie in hoping for the province to undertake needed investments and to enforce regulations.

 

POSITIVE CHANGE

The decision court against government is the first in Indonesia that order the Governor to assess TMDL of Surabaya River. This decision is a small positive change toward river protection in Indonesia. Many people in Indonesia will monitor this decision and its enforcement.

 

Generally, the Governor through BAPEDAL East Java will take legal action against the polluter industries. But the law enforcement for the polluter industries is not effective due to corruption by some officers in legal institutions. Some legal process for pollution cases often stopped by the police or court, due to lack of evidence, such as the cases of Surabaya River pollution by a paper factory and the decision tend to be unfair since the pollution impacts by the factory is clearly visible and the paddy field used the water has destructed and failed to produce rice. If the case end in court, the result of court decision do not prevent the polluter industry to re-pollute because the fines is very cheap that maximum charge is only IDR 5 million or USD 560. The companies prefer to pay money to the police or pay the fines than to provide a lot more money to build and operate a waste water treatment plan. There was a case in Semarang City at Central Java Province where the court won the claims of a fish pond farmer against an industry that the company has to pay compensation for the fish pond pollution total IDR 1,1 billion. 

 

 

the extent of the damage to the Surabaya River

 

Surabaya River is downstream tributary of Brantas River, the longest river in East Java. More than 3 million people of Surabaya City rely on the river to supply drinking water and for irrigation. Unfortunately, there are more than 200 industries dispose untreated wastewater directly into Surabaya River. The river pollution by javanese traditional perception that consider and utilize river as dumping site for house waste and garbage. The javanese people in the past believed that the river water is flowing and all the garbage they disposed into the river will wash away and the river will stay clean again. Most people now still believe that the river is dumping site for their waste.The government policy also treat Surabaya River as sewerage for industrial and domestic waste. Since 1970’es hundreds of industries were built along the river banks in order to facilitate waste disposal into the river. Most of industries do not have waste water treatment facilities that untreated waste water directly disposed into Surabaya River every day.

 

The extent of damages due to water pollution of Surabaya River

·         In some sections where there are many industries and houses near the river, the water is heavily polluted that indicated by black color and foul odor due to anoxic condition in the water body..

·         The industrial waste disposals into Surabaya River cause mass mortality of fish that occurs in every dry season.  

 

·         Water quality deterioration and riparian habitat destruction along the river banks of Surabaya River threats river biodiversity.

·         The waste disposal and river sedimentation cause substrate change on the river bed that also change the species composition and reduce biodiversity.

·         The damage is reversible, because river has natural ability to clean-up pollution through self purification process..

 

 

FACTORY LOCATIONS ON SURABAYA RIVER

1. Halim and Curd

1. Gunungari bean curd
2. abattoirs
3. PT Bintang Apollo Indonesia spining mill
4. PT Madya Setia Cooking
5. PT. Gawe Rejo Knitwear
6. PT Sriwijaya Rubber Rings
7. PT Cemara Agung cooking oil
8. Purnomo tofu
9. PT Jayabaya Raya soap
10. PT Pakabaya Sumpit shopticks
11. Pakabaya Raya Chemicals
12. CV Bangun floor tiles
13. PT Sumber Agung yarn dyeing
14. PT Prima Carma tannery
15. PT Sumber Baru
16. PT Asia Victory ceramic tiles
17. PT. Sama Jaya soy sauce
18. PT Suparma paper mill
19. PT Supindo metalworks
20. PT Kedawung Setia Indonesia metalworks
21. PT Kedawung Setia Karton cartons
22. CV Sinar Berlian chemicals
23. PT Keramic Diamond Indah ceramic
24. PT Surabaya Wire Metalworks
25. PT Surabaya Meka Box paper mill
26. PT Sepanjang Surya Gas chemicals
27. PT Surabaya Acetylene chemicals
28. Air Mas Murni chemicals
29. PT Wijaya Indonesia Makmur bicycles
30. PT Wijaya Five Rams bicycles
31. PT Indotama Megal Rubber
32. PT Utama Surya Sosro
33. PT Timur Megah Steel metalworks
34. PT Madu Lingga chemicals
35. Handuken leatherworks
36. PT Miwon Indonesia food additives
37. PT Surabaya Agung Kertas paper mill
38. PT Emdeki carbide
39. PT Hue Chyi colouring agents
40. Food additives
41. Alkohol factory
42. Pesticide factory
43. Textile factory
44. PT Pakerin pulp and paper
45. PT Tjiwi Kimia pulp and paper
46. PT Eureka Aba pulp and paper
47. Gempol Kerep sugar mill

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wastewater dispose without treatment

 

 

 

BRANTAS RIVER FREE ZONE TO POLLUTE

more than 486 industry along brantas river free to disposal waste water without treatment

Brantas River is the largest river in East Java Province that stretches along 312 km and the total drainage area is 12,000 km2. The lower segments of the Brantas River are known as the Surabaya River and Mas River.

Surabaya and Gresik City are the two major urban industrial areas in Indonesia. Surabaya metropolitan area is home to over 5 million people, and the largest industrial agglomeration of any non-capital city in Southeast Asia. Recently there are more than 300 industries along Brantas River and most of industries dispose untreated wastewater directly into Surabaya River. The river also supplies raw water for drinking water purpose in East Java. 

 

Industrial development and population growth in East Java province increases environment pressures to Brantas River ecosystem. Increased demand of land for industrial and residential development has force utilization of riparian land that designed as open green area for river protection. Almost 70% of riparian land in Surabaya and Gresik has been converted to developed area for industry and house construction. The riparian function for river protection and water catchments has been destroyed. Other impacts resulted from industrial development in East Java province are environmental pollution, fish killed incidents occur every dry season, crop harvest failures, biodiversity extinction and health disorders in the adjacent community caused by air and water pollution.

 

As a developing country, Indonesia needs to grow the economy, so that government highest priority is for economic development by promoting industrial investments and natural resource exploitation. Development plan in Indonesia tends to disregard environmental sustainability, for example is the development of hundreds of industries along Surabaya River since 1970 did not consider the river’s carrying capacity to purify the waste water pollutants. At present, regional site plan for Brantas River system is not integrated as one watershed, but it is planned as four separated and independent development unit.

 

The responsibility for water pollution control belongs to the governor in accordance with Government Regulation (PP) 20/1990 on Water Pollution Control. East Java Provincial Regulation 5/2000, in the interest of the decentralizing authority, makes it possible for the Governor to delegate responsibility to the head of the Provincial Environmental Pollution Control Office (Bapedalda). This agency coordinates all other agencies dealing with water pollution control. The Provincial Public Works Service is responsible for domestic and municipal wastewater and installation of sanitation facilities and Provincial Industry Service is considered responsible for industrial pollution control. Meanwhile, Law 22/1999 further devolves authority to District governments and urban municipalities to deal with their industrial polluters and to handle sewerage and wastewater treatment.

 

At the watershed level, as part of the water sector reform, Government Regulation (PP) No. 82/2001 superseded PP 20/1990 and places management of urban and municipal water pollution under provincial, district and municipal purview. This PP also allows the levy of effluent discharge fees. The Ministry of Agriculture is to be involved in non-point source pollution from agricultural sources but formally, its regulation is under Ministry of Environment.

In 1990, the Indonesian government established Perum Jasa Tirta (PJT I), a public corporation, to manage and maintain the infrastructure developed under the Brantas Multipurpose Project, and to coordinate management of water resources in the Brantas watershed. PJT I’s activities are financed through fees from industry and hydropower sectors and municipal water suppliers. PJT I’s mandate is to manage water quantity, water quality, conservation, and maintenance of water resources infrastructure. PJT I provides bulk water supply for irrigation systems, raw water for municipal and industrial use, water supply for hydropower plants, manages sand mining services, develops and operates tourism facilities on land and reservoirs under its control in its working area, and carries out consulting services.

 

The water pollution control implementation in Brantas River is weak. BAPEDAL as environmental management agency in East do not have sufficient power to give punishment to the polluter industries. The industrial operations are facilitated by the government policy to maintain its operation to contribute to economic benefits to the government and providing jobs for the community. Environmental pollution do not consider as important problems that also will threats the sustainability of industrial process. The top leader Governor of East Java province does not have environmental sense to adjust the exploitation rate with natural rehabilitation capacity. The economic and infrastructure development has become the government institutions with strong power that form government policy to maximize environmental exploitation.

 

Lack of government control to industrial pollution makes Brantas River as a ‘free to be polluted area’. Industries are free to dispose untreated waste water every day. The government inspections usually do not found polluting activity in industries, because some industries only operate the waste treatment when there is government inspection to their waste water disposal. The waste water treatment facilities in most industries are not sufficient to treat all of the waste produces. The capacity of waste water facilities are only one third of total waste water production in some industries. The waste water dispose directly without treatment and the tank blow up incidents often occurred in industries that cause fish kill along Brantas River.

 

The law enforcement for the polluter industries is not effective due to corruption by some officers in legal institutions. Some legal process for pollution cases often stopped by the police or court, due to lack of evidence, such as the cases of Surabaya River pollution by a paper factory and the decision tend to be unfair since the pollution impacts by the factory is clearly visible and the paddy field used the water has destructed and failed to yield rice. If the case end in court, the result of court decision do not prevent the polluter industry to re-pollute because the fines is very cheap that maximum charge is only IDR 5 million or USD 560. The companies prefer to pay money to the police or pay the fines than to provide a lot more money to build and operate a waste water treatment plan.

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