BEM Sep04-Nov04 (Environment)

THE BOARD OF ENGINEERS MALAYSIA LEMBAGA JURUTERA MALAYSIA
POLLUTION PREVENTION AND RIVER WATER
QUALITY IMPROVEMENT PROGRAMME
ENVIRONMENTAL AUDIT – A PROACTIVE TOOL FOR
POLLUTION AND ACCIDENT PREVENTION
HOLISTIC APPROACH TO URBAN STORM-WATER
POLLUTION MANAGEMENT
NEW DRAWING REQUIREMENTS FOR
WATER SUPPLY LAYOUT PLAN
THE BRIDGE BUILDERS – MARVELS OF ENGINEERING
KDN PP11720/9/2003 ISSN 0128-4347
VOL.23 SEPTEMBER-NOVEMBER 2004 RM10.00
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Volume 23 September-November 2004
contents
A
AG
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M A L AY S I A
2
President’s Message
4
Editor’s Note
Announcement
Cover Feature
6
Pollution Prevention and River Water Quality
Improvement Programme
8
Environmental Audit – A Proactive Tool For
Pollution And Accident Prevention
13 Holistic Approach To Urban Storm-Water
Pollution Management
19 Economic Approaches In Addressing
Environmental Issues
7
Update
22 New Drawing Requirements For
Water Supply Layout Plan
23 New Regulations Under
Environmental Quality Act 1974
13
Engineering & Law
24 Supervision: An Overview
Feature
36 The WTO And The South: Implications And
Recent Developments (Part 2)
44
42 The Bridge Builders – Marvels of Engineering
50 The Role Of Sewage Treatment In
Public Health (Series 2)
Engineering Nostalgia
56
56 Milestones In Malaysian Engineering:
Merdeka Stadium 1957
BULETIN INGENIEUR 1
President’s Message
KDN PP11720/9/2003 ISSN 0128-4347 VOL. 23 SEPT-NOV 2004
Members of the Board of Engineers Malaysia
(BEM) 2003/2004
President
YBhg. Tan Sri Dato’ Ir. Hj Zaini Omar
Registrar
Ir. Ashari bin Mohd Yakub
Secretary
Ir. Dr. Judin bin Abdul Karim
Members of BEM
YBhg. Tan Sri Dato’ Ir. Md Radzi bin Mansor
YBhg. Datuk Ir. Santhakumar Sivasubramaniam
YBhg. Dato’ Ir. Dr. Hj. Abdul Rashid bin Maidin
YBhg. Datu Ir. Hubert Thian Chong Hui
YBhg. Dato’ Ir. Ashok Kumar Sharma
YBhg. Datuk Ir. Md Sidek bin Ahmad
YBhg. Datuk Ir. Hj. Keizrul Abdullah
YBhg. Dato’ Ir. Kok Soo Chon
Ir. Ho Jin Wah
Ir. Yim Hon Wa
Ir. Prof. Ow Chee Sheng
Ir. Mohd Aman bin Hj Idris
Ir. Hj. Abu Bakar bin Che’ Man
Ir. Prof. Abang Abdullah bin Abang Ali
Tuan Hj. Basar bin Juraimi
Ar. Paul Lai Chu
Editorial Board
Advisor
YBhg. Tan Sri Dato’ Ir. Hj Zaini Omar
Chairman
YBhg Datuk Ir. Shanthakumar Sivasubramaniam
Editor
Ir. Fong Tian Yong
Members
YBhg. Dato’ Ir. Ashok Kumar Sharma
Ir. Prof. Madya Dr. Eric Goh Kok Hoe
Ir. Prof. Ishak bin Abdul Rahman
Ir. Prof. Dr. Ruslan Hassan
Ir. Prof. Dr. K. S. Kannan
Ir. Nitchiananthan Balasubramaniam
Ir. Mustaza bin Hj. Salim
Ir. Md Amir bin Kasim
Ir. Dr Lee Say Chong
Ir. Chan Boon Teik
Ir. Choo Kok Beng
Publication Officer
Pn. Nik Kamaliah bt. Nik Abdul Rahman
Assistant Publication Officer
Pn. Che Asiah bt. Mohamad Ali
Design and Production
Inforeach Communications Sdn Bhd
Buletin Ingenieur is published by the Board of
Engineers Malaysia (Lembaga Jurutera Malaysia)
and is distributed free of charge to registered
Professional Engineers.
The statements and opinions expressed in this
publication are those of the writers.
BEM invites all registered engineers to contribute
articles or send their views and comments to the
following address:
Publication Committee
Lembaga Jurutera Malaysia,
Tingkat 17, Ibu Pejabat JKR
Kompleks Kerja Raya Malaysia,
Jalan Sultan Salahuddin
50580 Kuala Lumpur
Tel: 03-2698 0590 Fax: 03-2692 5017
E-mail: [email protected] [email protected]
Web site: http://www.bem.org.my
Advertising/Subscriptions
Subscription Form is on page 54
Advertisement Form is on page 55
Over the past decades, there has been an
increasing awareness and concern for the
environment and how its deterioration as a result of
impact from human activities could deplete and
destroy our natural resources as well as seriously
affect the quality of human life. Our dependency on
natural resources, whether renewable or nonrenewable, results in the continuing degradation of
the environment. As the exploitation of natural
resources for development is inevitable, the focus has been on a longterm sustainable use of these resources and development without
permanent residual impact on the environment. Expanding populations
urgently require more food, water, energy and land and where there are
few alternative resources, one cannot afford to wait for long term benefits,
and as such, finds investments in environmental protection unattractive.
In the past, it would seem that engineering in its various fields – be it
civil, structural, mechanical or chemical – would run contrary to the
aims and objectives of environmental protection and conservation. Most
aspects of engineering would be related to various forms of development
and construction that would have potentially lasting and damaging impact
on the environment and its resources. However, over recent years, there
is growing realisation that engineering not only has a role to play in
environmental protection but also a responsibility to ensure that
development does not have long-term serious impact.
It is now realised that engineering design in its various forms in
development can greatly assist in alleviating and reducing potential
impact on the environment, and this is true of most if not all aspects of
engineering. The construction of infrastructure facilities – buildings, roads,
bridges, jetties, airports, etc. – all involve the various branches of
engineering - civil and structural, mechanical and electrical. These
involvements can contribute tremendously to carefully thought-out
designs and specifications that will have a lesser or zero impact on the
environment without sacrificing or comprising the overall objectives of
development. Chemical engineering is vital in the design of industrial
systems that optimize the chemical processes without generating toxic
wastes; and where toxic wastes are inevitable, in the treatment of such
wastes and pollutants in sewage treatment facilities and landfills, and
industrial emissions. Priorities must be set in order to combine
environment and development, and in demonstrating the economic value
of an environmental concern. The option of no project or a 100%
environmentally sound development is unrealistic and the challenge for
engineers at this point in time is to recognise their role and responsibility
in providing technical expertise in balancing benefits and cost in
development and in the alternative ways of achieving the desired results.
On that note, it is worthwhile to reiterate that there should be no
conflict of interest between the environment and development. The
ultimate challenge now is to use engineering to help reduce as well as
provide solutions to environmental issues that arise as a result of
development.
TAN SRI DATO’ Ir. HJ. ZAINI BIN OMAR
President
BOARD OF ENGINEERS MALAYSIA
BULETIN INGENIEUR 2
Editor’s Note
The Environment is apparently a more popular theme among our
contributors of articles. This interest is understandable given the emphasis
on this subject by the public and private sectors. At the present time alone,
there are several environmentally-related national seminars and activities
in the capital city.
Given the popularity of this subject, the Publication Committee may
repeat this theme on a yearly basis as we understand that there are more
issues and policies under study that may be of interest to practicing
engineers.
Meanwhile, give a thought to the December issue on ‘Facility
Management’ as more pages will be added on to bring festive cheer to
readers.
Ir. Fong Tian Yong
Editor
Announcement
Publication Calendar
The following list is the Publication
Calendar for the year 2004 and 2005.
While we normally seek contributions
from experts for each special theme, we
are also pleased to accept articles
relevant to themes listed.
(141864-T)
Mechanical & Electrical
Consulting Engineers
130C, Jalan Thamby Abdullah, Brickfields,
G.P.O. Box 12538, 50782 Kuala Lumpur.
Tel: (603) 2274 9900, 2274 9895, 2274 9896
Fax: (603) 2274 9909
E-mail: [email protected]
December 2004: FACILITY MANAGEMENT
March 2005: CONSTRUCTION AND THE LAW
June 2005: ENERGY
September 2005: WATER
December 2005: ENVIRONMENT
Event Calendar
JURUTERA PERUNDING LC
SDN. BHD.
Please contact the Editor or the
Publication Officer in advance if you
would like to make such contributions or
to discuss details and deadlines.
World Engineers’
Convention 2004
(WEC 2004)
Date: November 2-6, 2004
Venue: Shanghai International
Convention Centre, Pudong, Shanghai
For further details, please contact IEM
Secretariat at 03-7968 4001/4002 or
[email protected]
BULETIN INGENIEUR 4
cover feature
Pollution Prevention And
River Water Quality
Improvement Programme
By Hajah Rosnani Ibarahim, Director General of Environment,
Lee Choong Min, Director, River Division, DOE
U
nder the Environmental
Quality Act (EQA) 1974
environment means the
physical factors of the
surroundings of human beings
including land, water, atmosphere,
climate, sound, odour, taste, the
biological factors of animals and
plants and the social factor of
aesthetics.
To date, various water pollution
prevention
and
abatement
regulations had been formulated to
prevent and control the discharge of
effluent from polluting point sources.
In combating water pollution and
enhancing the quality of our inland
waters, besides the enforcement
activities carried out in accordance
with the requirement of those
pollution prevention regulations, the
Department of Environment (DOE)
also monitors the quality of the river
water. The river water monitoring
programme was initiated in 1978,
with the initial aim of establishing
water quality baselines, and
subsequently to detect water quality
changes and to identify the causes
of pollution. Out of the 189 rivers in
the country 120 river systems were
chosen to be included in this
programme based on their beneficial
uses and economic importance. A
total of 926 river water quality
monitoring stations were established
within these 120 river basins. The
appraisal of the water quality in each
river basin is based on the Water
Quality Index (WQI) consisting of
parameters such as dissolved oxygen
(DO), biochemical oxygen demand
(BOD), chemical oxygen demand
(COD), ammoniacal nitrogen (NH3N),
suspended solids (SS) and pH.
River Water Quality Status
The trend of water quality (1990–
2003) for the 120 river basins is as
shown in Figure 1. The number of
polluted rivers was observed to be
increasing from seven in 1990 to 13 in
1999 while the number of clean rivers
had decreased from 48 in 1990 to 35 in
1999. Results of the analysis showed
that the deterioration of river water
quality in the country was due mainly
to discharges of sewage and domestic
waste water; animal farming; land
clearing and earthworks; agricultural
and manufacturing activities. Domestic
waste water; surface runoff from urban
areas; discharges from restaurant, wet
markets and food courts; pollution from
agricultural and land clearing activities;
suspended solids and silts from
earthwork and sand mining are the
main non-point polluting sources
(NPS).
BULETIN INGENIEUR
6
This deteriorating trend of river
water quality had prompted DOE to
look into more effective means of
improving them in a holistic manner
so as to sustain their beneficial uses.
Programmes to speed up the
improvement of water quality for
polluted rivers were then initiated.
Systematic and progressive measures
need to be done in order to enhance
the river water quality to a clean
status or to achieve at least the Class
II level.
Pollution Prevention and
River Water Quality
Improvement Programme
A programme known as the
Pollution Prevention and River Water
Quality Improvement Programme was
initiated with a view to rehabilitate
rivers with serious pollution problems
to ultimately meet its beneficial uses.
cover feature
Among the key objectives of this
Programme are:
(i) To identify all the point sources
and non-point sources of
pollution in the subject river
basin and to determine the
pollution loads and their impact
on water quality of that river;
(ii) To prepare and to implement
plans of action for the
rehabilitation and improvement
of river water quality from the
polluted/slightly
polluted
category to clean category
according to the water quality
classification for purposes of
potable water supply, recreational
activities and tourism; and
(iii) To conserve and continuously
maintain the clean status of river
water quality after the
rehabilitation and quality
improvement works have been
completed.
A total of 26 river basins as shown
in Figure 2 were identified; six rivers
were initially selected for detailed
feasibility studies in the rehabilitation
programme.
The six river basins are Sungai
Langat, Sungai Segget, Sungai
Tebrau, Sungai Melaka, Batang
Rajang and river systems in Cameron
Highlands. Studies for the Sungai
Langat, Sungai Segget and Sungai
Tebrau Basins have been completed
in 2003. The study on Sungai Melaka
commenced in 2003 and will be
completed in 2004. while studies on
rivers in Cameron Highlands and
Batang Rajang Basins began in early
2004 and will be completed in 2005.
For the other remaining 20 river
basins, DOE continues to embark on
its enforcement and awareness
programmes.
Formulation of Action Plans
The Pollution Prevention and
River Water Quality Improvement
Programme has four stages of
activities. Firstly is the detail study
of the river basin in terms of pollution
sources and impact on the quality of
the water in the basin. Secondly,
based on the findings of the study
action plans to reduce, prevent and
abate pollution; action plans for
enhancement of water quality and the
river system for beneficial uses such
as water supply, recreational and
tourism products are to be formulated.
Thirdly, the accepted action plans will
then be presented to various
responsible agencies for funding
application and allocation for
implementation and finally the
operational and maintenance plans to
ensure
conservation
and
sustainability of the achieved water
quality.
Findings of the studies carried out
on Sungai Segget, Sungai Tebrau, and
Sungai Langat Basins clearly
identified that sewage remains as the
main single source of pollution in
term of organic pollution loads. Nonpoint pollution sources and industries
are other major contributors to
pollution of Sungai Langat. These
findings led to the assumption that a
similar trend may occur for many
other river basins of similar land use
within their catchment areas.
The action plans for pollution
prevention and river water quality
improvement of Sungai Langat,
Sungai Segget and Sungai Tebrau
have been completed in the year 2002.
Among the measures proposed in the
Action Plans included: industrial
pollution control measures;
upgrading of existing large sewage
treatment plants; building new
modern mechanical treatment plants
to cater for the increasing number of
population; in-stream measures
include gross pollutant traps (GPTs)
BULETIN INGENIEUR
7
placed at strategic locations to arrest
floating solid waste prior to discharge
into rivers; legal and institutional
measures; as well as environmental
awareness campaigns.
Conclusion
The effectiveness of the River
Pollution Prevention and Water
Quality Improvement Programme in
all the selected river basins through
intensification of enforcement
activities, particularly on sewage
treatment facilities and industrial
sources, to ensure compliance with
the stipulated discharge standards
supported by public awareness
campaigns has resulted in the
increase in the number of clean rivers
since the implementation of the
programme in the year 2001 as
shown in Figure 1. With further close
co-operation and concerted efforts
among the implementing agencies
and the general public, we can
prevent river pollution and improve
its water quality and provide a
significant contribution towards
protecting one of our vital natural
resources. The industries also need
to play their roles in carrying out
efficient management and put in
place appropriate measures to
prevent and minimize pollution of
the rivers. This integrated effort is
of vital importance for water can act
as a limiting factor in the pursuit of
sustainable development if it is not
properly managed. BEM
cover feature
Environmental Audit –
A Proactive Tool For Pollution
And Accident Prevention
By Ir. Dr. Chong Hock Guan, CEO and Principal Consultant, GMP Environmental Consultants
W
ith many environmental
accidents happening these
days, we should be more
proactive to find ways to prevent
accidents. One of the ways is the
effective use of environmental audits
to regularly check an organisation’s
environmental management and
practices.
Most engineers know the word
“Environmental Audit”, but not many
know its importance and benefits.
Some have a misconception that
environmental audit is a fault-finding
exercise and a waste of time. Coupled
with inexperienced auditors with poor
understanding and application of
audit
methodology,
many
environmental audits are conducted
in a sub-standard manner, merely to
satisfy the needs of certification or
contractual requirements.
Concepts Of Environmental Audit
Contrary to what most people
believe, environmental audit is
actually fact-finding work. A proper
and systematic environmental audit
will definitely yield benefits, and
some of these benefits include:
●
●
●
●
●
●
●
●
Highlight positive efforts made in
environmental performance
Identify potential environmental
accidents
Initiate corrective and preventive
action to avoid accidents and
disasters
Ensure
compliance
with
environmental legislation
Improve efficiency
Reduce wastage and improve cost
savings
Enhance corporate image of the
organisation
Increase confidence of customers
in the processes and products
●
●
●
●
Educate and motivate the
workforce
Demonstrate
management
commitment to environmental
control
Improve the working environment
– making the place safer and
healthier
Encourage “self-regulation”- thus
reduce the burden of enforcement
a report thereof, the owner or occupier
so directed shall appoint qualified
personnel who are registered under
subsection (3).
So, what is “environmental audit’?
In addition, Section 51 of the EQA
1974 further states:
(1) In addition to and not in
derogation of any of the powers
contained in any other provision of
this Act, the Minister after
consultation with the Council may
make regulations for or with respect
to - (t) regulating environmental audit
and the submission of an audit report
and the appointment of qualified
personnel to assist the Director
General in carrying out an
environmental audit of any vehicle,
ship or premises, irrespective of
whether the vehicle, ship or premises
are prescribed under section 18 or
otherwise, and their manner of
operation, and prescribing the fees
chargeable
Environmental audit can be
defined as “a measure of
environmental risks, and an
assessment of environmental
opportunities”. The popular
management concept – “What gets
measured, gets done” – is well applied
here. This means, audit should have
measurement involved, and audit
tools, which can measure
quantitatively, will be able to measure
the environmental performance
effectively.
Legal Requirements
The Environmental Quality Act
(EQA) 1974 of Malaysia specifies
requirements on environmental audit;
as contained in Section 33A
Environmental Audit noted below:
(1) The Director General may require
the owner or occupier of any vehicle,
ship or premises, irrespective of
whether the vehicle, ship or premises
are prescribed under Section 18 or
otherwise, to carry out environmental
audit and to submit an audit report
in the manner as may be prescribed
by the Minister by regulations made
under this Act.
(2) For the purpose of carrying out
an environmental audit and to submit
BULETIN INGENIEUR
8
(3) For the purpose of this section,
the Director General shall maintain a
list of qualified personnel who may
carry out any environmental audit
and submit a report thereof.
Environmental audit in the EQA
1974 is defined as “a periodic,
systematic, documented and objective
evaluation’ to determine –
(a) the compliance status to
environmental
regulatory
requirements
(b) the environmental management
systems, and
(c) the overall environmental risk of
the premises.
It can be interpreted that the Act
requires three types of the
environmental audit to be done
notably:
●
●
cover feature
●
Compliance Audit
Environmental
Management Systems
Audit
Risk Audit
As noted below, these are
three of the many other
types of environmental
audit.
Types Of
Environmental Audit
The main types of
environmental audit can
be categorised as:
1. Compliance Audit –
mainly to check on
compliance with the legal
or corporate requirements
2. E n v i r o n m e n t a l
Management Systems
Audit – The International
Standard, ISO 14001
Environmental
Management SystemsSpecification
with
guidance for use specifies
clearly
such
a
requirement. This audit
checks the whole
management system with
regards
to
the
requirements of ISO
14001 Standard. Figure
1 shows the ISO 14001 EMS model.
3. Risk Audit – This type of audit
evaluates the level of environmental
risks with regards to the operation and
activities in such organisation.
4. Due Diligence Audit – This is
used by organisations or banks to
evaluate environmental conditions
when dealing with merging,
acquisition or divestment of
properties.
5. Environmental Impairment
Liability Audit – an essential prerequisite for organisations to obtain
insurance to cover the liability
resulting from environmental
pollution and impact.
6. Environmental Marketing Audit
– such an audit is used by
organisations to check that their
products are in conformance with
consumer
and
legislative
requirements.
7. Energy Audit – Since energy
production involves natural resources,
this type of audit covers the collection,
analysis and interpretation of energy
audit. The results are cost savings and
efficient use of energy.
8. Certification Audit – This
involves assessment against an agreed
standard prior to issuance of certificate.
9. Environmental Performance
Audit – checks on environmental
performance, including continual
improvement
in
reducing
environmental pollution.
10. Audit on Contractors and
Suppliers –
examines the
environmental activities of its
contractors and suppliers, in particular,
in reference to their compliance to
environmental legislation and
standards.
11. Product Audit – This usually
checks the product life-cycle, from
BULETIN INGENIEUR
9
conception to final disposal, to ensure
all processes and raw materials used
are in-line with environmental
requirements.
12. Cleaner Production Audit – Also
called Waste Minimization Audit. This
audit finds the processes involved in
reducing and eliminating the use of
toxic chemicals, which aims to result
in less pollution and toxic wastes
produced.
As there are many types of
environmental
audit,
every
organisation has to be clear on and
specific which type of environmental
audit it needs.
Systematic Environmental
Audit Methodology
A systematic environmental audit
consists of three main stages:
cover feature
1. Pre-Audit
Pre-audit deals with preparations
prior to the audit on-site. The work
include:
● communicating with the site
personnel on the audit
● obtaining background information
about the site
● defining the scope and intent of
the audit
● determining the type of audit
● selecting audit team members
● preparing the necessary equipment
– audit checklists, personal
protective equipment and other
audit tools
● making preparations on logistic,
accommodation
and
transportation if needed, and
● sending a letter of notification to
the site to confirm the audit onsite
2. On-Site Audit
This is the main bulk of the
audit, and is done in the ‘auditee’.
Auditee is defined as the
organisation being audited. This
phase comprises five events in
sequence, they are:
(i) Opening meeting – This is the
first formal event at the site, and
should be attended by audit team
and the management of the auditee.
Usually the top management will
address the audience first, and the
audit team leader will then inform
the management on the agenda and
the methodology of the audit.
facts in response to the audit
questions. Figure 2 shows the
importance sequence of events for
this on-site audit technique.
(ii) Familiarization tour – The audit
team members are accompanied by
key personnel of the auditee to visit
the site briefly in order to be familiar
with the nature of operations and
the environmental concerns. It
should be noted that this is not site
inspection. This event is not needed
if the audit team members are
familiar with the site.
(iv) Verification – The facts obtained
from the knowledgeable persons are
verified. There are three techniques
of verification:
● Document review – this exercise
examines the manual, procedures,
work instructions, records and
supporting documents
● Verification
interviews –
involves interviewing employees
randomly to check the
implementation of systems in
place.
● Site Inspection – all physical
installations at the site are
checked against the standards
and good environmental
practices.
(iii) Interviewing the knowledgeable
persons – This is the essence of the
on-site audit, whereby key
personnel are interviewed to obtain
A combination of any three
verification techniques can be used,
with the main intent of confirming
evidence of the facts obtained.
Interviewing
Knowledgeable Persons
Facts
Verification of Responses
Verification
Interviews
GMP ENVIRONMENTAL
CONSULTANTS
Site
Inspection
Document
Review
Audit
Findings
BULETIN INGENIEUR
10
3. Post –Audit
This is mainly report writing and
follow up after the submission of
report. The report is confidential, and
should be factual with key findings
from the audit, notably with sections
on Noteworthy Efforts and Areas for
Improvement. Recommendations for
improvement should be included,
unless specifically requested to be
excluded by the client.
A good audit report should
contain the following sections:
● Cover Letter
● Executive Summary and
Score Sheet
● Working Copy
● Findings from Site Inspection
● Summary
of Verification
Interviews
● Conclusion and Suggestions for
Action
Depending on the contractual
requirements, usually two copies of
the reports are submitted to the client,
with a copy extended to the auditee.
The client may pose questions after
reading the audit report, and the audit
team leader must be prepared to meet
the client and the auditee’s
representatives to make presentations
of the findings and to answer specific
questions.
Audit Tool
A good audit tool consists of
checklists that are accurate and
reliable so that competent auditors
using the tool and working
independently would reach similar
audit findings from evaluating the
same audit evidence. A good audit
tool should preferably have a
qualitative
or
quantitative
measurement of the audit results. GMP
ISO 14001 Audit Scheme® is one such
tool which has been widely used in
industries for measuring quantitatively
the audit results of environmental
management systems (EMS).
Evidence-based approach: the
rationale method for reaching
reliable audit conclusions in a
systematic audit process.
Figure 3 shows that using the
GMP ISO 14001 Audit Scheme®, the
overall audit results can be
measured quantitatively against the
EMS Standard from a scale of 0100%. Figure 4 shows the detail
results for each component of ISO
14001 in achieving the overall
results in Figure 3.
●
Responsibilities Of Auditors
(a) Entry qualification – the
minimum entry qualification is
secondary education, though a
university/college qualification is
preferred.
Environmental auditors, whether
internal or external auditors, are
professionals. As such, proper codes
of ethic or principles should be
followed.
ISO 19011: 2002 Guidelines for
Quality
or
Environmental
Management Systems Auditing states
clearly the principles for auditing as
noted below:
●
●
●
●
Ethical conduct: The foundation
of professionalism. Trust, integrity,
confidentiality and discretion are
essential to auditing.
Fair presentation: the obligation
to report truthfully and accurately.
Audit findings and conclusions
should be accurate substantiated
with facts and evidence.
Due professional care: the
application of diligence and
judgment in auditing.
Independence: auditors should be
unbiased and free from conflict of
interests.
Audit team members should be
competent with the following criteria
(based on ISO 19011:2002 for EMS
Auditors):
(b) Qualified in specific knowledge
and skills – these can be achieved
via university education or
external training. For an
environmental management
systems auditor, the training
syllabus should include:
● Audit
principles
and
methodology
● Management systems - ISO
14001 EMS Standard
● Environmental engineering
and technology
● Organisation’s operation and
general business process
● Environmental law
At least 40 hours of training is
needed for the above courses.
(c) Environmental related work
experience – at least two out of
a total of five years for those with
Figure 3 - Audit Score using GMP ISO 14001 Audit Scheme®
Baseline EMS Audit Result for AAA Sdn Bhd
100%
EMS Standard
Areas for
Improvement
5-7 July 2004
22.7%
Noteworthy
Efforts
BULETIN INGENIEUR
11
cover feature
(v) Closing Meeting – Audit findings
and conclusions are presented by the
audit team leader to highlight
“Noteworthy Efforts” (conformities)
and “Areas for Improvement” (nonconformities). Recommendations
should be provided by the audit team,
though they are not binding.
GMP ISO 14001 AUDIT SCHEME - GRAPHICAL PRESENTATION
Audited Site : AAA Sdn Bhd Date : 5-7 July 2004
BASELINE EMS ISO 14001 AUDI T
100%
PERFECT SCORE
0.0%
4.1
33.3%
4.2
4.3.1
ISO 14001 CLAUSE
cover feature
GMP ISO 14001 AUDIT SCHEME
Figure 4 - Graph on Details of Audit Score
4.3.2
4.3.3
4.3.4
20.0%
33.3%
42.9%
0.0%`
4.4.1
4.4.2
4.4.3
4.4.4
4.4.5
4.4.6
4.4.7
50.0%
14.3%
33.3%
0.0%
16.7%
0.0%
25.0%
20.0%
4.5.1
4.5.2
4.5.3
4.5.4
0.0%
4.6
0.0%
37.5%
22.7%
AVERAGE
0
10
20
30
40
50
60
70
80
90
100
SCORE PERCENTAGE
Infancy
Developing
Maturing
Advanced
Desired
GMP Environmental Consultants
secondary education, and at least
two out of a total of four years
for those with university/college
qualification.
(d) On-the job training and
experience – minimum four
complete audits for a total of at
least of 20 days.
In Malaysia, the Society of
Environmental Auditors Malaysia
(SEAM) was set up in 1998 to gather
the environmental auditors in
Malaysia and to provide them with
information networks regarding the
development of environmental audit
and environmental management.
●
●
●
●
Conclusion And The Way Forward
While there are many benefits
and need for environmental audit,
challenges still exists which must be
resolved. Some factors that can be
considered to ensure success of
environmental audit in Malaysia
are:
●
Enforce the use of environmental
audit through Environmental
Audit Regulations by the
Department of Environment.
Enforcement imposed by the
Government will increase the
practice of environmental audit.
Increase awareness on the
importance and benefits of
environmental audit, through
talks, training, campaigns,
promotions and bulletins.
Recognise
and
promote
environmental auditors as
important professionals in the
development of the nation.
Provide
incentives
to
organisations practicing good
environmental audits – this can be
done through awards and tax
incentives.
Train more environmental
auditors to encourage the proper
application of environmental
audit.
There
are
tremendous
opportunities for environmental audit
BULETIN INGENIEUR
12
to grow in Malaysia. Both the public
and private sectors have respective
roles to play to ensure the success of
environmental audit in Malaysia.
REFERENCES
1. Chong H.G., December 1999,
Environmental Audit from the
Perspective of A Consultant, Bengkel
Audit Alam Sekitar, Department of
Environment, Malaysia.
2. Chong H.G., March 2004,
Environmental Audit Training
Manual (Edition 9), GMP
Environmental
Consultants,
Malaysia.
3. International Organization for
Standardization, 1996, ISO 14001:
Environmental Management Systems
– Specification with Guidance for
Use, Switzerland.
4. International Organization for
Standardization, 2002, ISO 1901:
Guidelines for quality and/or
environmental management systems
auditing, Switzerland. BEM
By Ir. Prof. Dr. Ruslan Hassan, Environmental Research Centre, Universiti Teknologi MARA
Much work is needed in restoring
the physical, chemical and
biological integrity of the
country’s water. For far too long
the emphasis on water quality
control has been on point sources
of pollution with organic
pollution being the major type of
pollution being monitored. The
receiving streams seem to be not
getting better despite the
numerous efforts. Many streams
still had water quality problems
that did not allow them to
support even partial designated
use because they were impaired
by non-point sources with wetweather runoff as the main water
pollution problem. This paper
deals with the application of the
holistic systems approach to the
urban water systems. The three
main strategies: watershed based
planning, pollution prevention,
and management, and increased
individual and collective
responsibility are briefly discussed.
Finally, some recommendations
are forwarded to address the issue
of non-point pollution from
storm runoff.
O
ne of the essential elements
of sustainable development
is recognition of the
economic
value
of
environmental resources. For years we
have calculated the gross national
product on the basis of production or
harvest only. It is as though we
exclude the value of land and
equipment from the estates’ net worth,
or remove the manufacturing plants
from the car producer’s balance sheet.
Plate 1: The Urban
Environment with
Squatters and Flood
Problems
The World Resources Institute notes
that such economic policies around
the world have. “... create [d] the
illusion of economic development,
when in fact national wealth is being
destroyed.’ Understanding the true
long-term value of the environment
builds support naturally for
sustainable development to preserve
the country. Public opinions now
seem sympathetic to environmental
concerns and they see that water
BULETIN INGENIEUR
13
pollution as more serious than any
other environmental problems, and
they also express concerns about
drinking water supplies.
Integrated water management
calls for a water system to be treated
as a single, cohesive system in which
the uses and functions of water are
linked to the source, quality, and
quantity of water available. Within a
water system, such as an ocean, lake,
river, stream, or wetland, there are
cover feature
Holistic Approach To
Urban Storm-Water
Pollution Management
cover feature
four basic elements: groundwater,
surface water, and water quantity and
water quality. The interaction between
these elements affects the entire water
system. Water systems are a
functional component of nature,
urban areas, industry, agricultural
production and recreation.
HOLISTIC APPROACH
A holistic approach considers
human health, water supply and
ecological concerns. There is a
management, pollution prevention
and increased individual and
collective responsibility for protecting
water resources. The natural flow of
the water cycle calls for a holistic
approach to restoring water quality.
Water resources are sufficiently
threatened to demand analysis of all
related problems.
The holistic approach views the
parts of the urban wastewater systems
- surface runoff, wastewater flow in
the pipes and through the treatment
plant, and receiving water, for
example as one entity. In the past,
these elements were interpreted as
being separate pieces having fixed
boundaries. Using the approach, the
risk of floods could be decreased, the
system’s pollution load on the
environment during rain could be
minimised, and engineers could
achieve better operational control
using computer simulations and realtime control.
To solve water pollution problem,
management concepts must reflect
this approach. When analysed with a
holistic approach, water management
Plate 2: Solid wastes in river water
problems revolve around crucial
issues far beyond the water
profession. The influence of humans
on the water cycle is a function of
demographic development, cultural
heritage, economic distribution, and
social circumstances. The problems of
pollution are related to the very roots
of society in the broadest and most
basic sense.
Laws and Legislation
Most water related laws in
Malaysia were enacted a long time
ago (Water Act 1920) when water
could still be regarded as being
plentiful
in
supply.
The
responsibilities for water pollution
control are shared in unclear terms
between Federal and State agencies
with overlapping legislation. Water
pollution issues are currently
distributed among the State, Federal
and Concurrent Lists; ‘Factories’ are
enumerated in the Federal List, ‘Public
Health’ is listed in the Concurrent List,
and ‘Water’, ‘Rivers’ and ‘Public
Nuisances’ are in the State list. Under
conditions such as this, it is legally
difficult to directly impose a national
standard for water quality control and
management.
NON-POINT SOURCES
OF POLLUTION
Although storm-water quality is
highly variable, mean storm-water
conditions can be evaluated to
determine key differences between
typical storm-water and river water
(Paulson, 1993). The storm-water here
is defined as the storm-water runoff,
surface runoff and drainage. The
runoff from just the urban and
industrial areas typically possesses
pollutant concentrations rivaling
those of the industrial wastewater
discharges; as much as 30 % of water
pollution streams can come from
storm-water discharges.
Potential pollutants such as
vegetation, that makes up to 80% of
the non-particulate solids in runoff,
are still looked on as ‘natural
material’, that belongs in the
landscape and mistakenly by
extension in the drainage system.
Leaf litter is not at all natural in the
ies that reach urban drainage
systems. Under natural processes the
vast majority of the material remains
in the forest floor layer, holding
runoff for slow release and gradually
decaying to return nutrients to the
soil. However, now many drop leaves
onto roofs, paved areas and
manicured lawns. They are washed
into drainage systems where they can
deplete oxygen in waterways and
create odours and water soluble
compounds that impact on aquatic
life.
Litter is unsightly, environmentally
damaging and can cause blockages
to stormwater management systems.
For instance, drink cans made of
aluminium are chemically reactive,
highly toxic in some phases and
may degrade in the low pH of
anaerobic zones. Medical and
sanitary waste and glass bottles,
usually in fragments, are a
hazardous feature of bottom muds.
A high proportion of all litter, sinks
to the bed where it binds the surface
Plate 3: Dead fish in a river
BULETIN INGENIEUR
14
Plate 4(a) : A river always receives the brunt
Plate 4(b) : The estuary becomes the final of development destination of rivers.
or becomes embedded in sediments,
to disrupt the activity of bottom
dwellers.
Plastics now dominate the
stormwater litter stream and can take
over a century to decompose. If an
aquatic animal dies after swallowing
plastics, it decomposes long before the
litter, which floats on to threaten more
animals. Polystyrene also floats down
stormwater drains and into the sea. It
can lodge in gills and obstruct the
guts of susceptible species.
Litter Composition
Plastics now dominate the
stormwater litter stream and likely to
remain so if present lifestyles and
attitudes are maintained. In gross
Figure 1: Representative Litter trapped in urban Storm-Water Drains
BULETIN INGENIEUR
15
cover feature
pollutant traps for an urban area such
trends are indicated as shown in the
Figure 1 below.
It was found that constituents with
higher concentrations in storm-water
than in average river water (nonstorm event) included suspended
solids (three to six times) dissolved
organic carbon (three to five times);
ammonia (five to 20 times), dissolved
phosphorus (ten to 100 times) and
metals, including manganese, iron,
copper, lead and zinc (five to 50
times). The pH conditions for stormwater and river water were generally
similar.
There were two separate incidents
causing water supply companies in
UK to notify the customers to boil
their drinking water following
unexpected increase in the cases of
Cryptosporidiosis (Ruslan, 1997). The
Crypto organism was discovered in
water samples following a special
programme of testing carried out by
the water company in cooperation
with the local health authority. The
protozoan ingested as an oocyst and
excreted in the faeces is usually
overlooked and not identified. Their
transmission from host to host by the
faecal-oral route suggests the
possibility
of
waterborne
transmission. Crptosporidium, found
in farm animals (cattle, goats, dogs,
pigs and cats) excrement is usually
passed from animals into the land and
then washed into the waterways.
A study conducted by Quek (1998)
revealed that the levels of pollutants
entering the Putrajaya lakes were high
in Total Phosphorus(TP), Total
cover feature
Nitrogen (TN), ammonia, BOD5, total
coliform, faecal coliform, iron,
manganese and mercury. The levels
of TP concentrations were between
0.13 and 0.18 mg/L, which are higher
than Class IIB standard of 0.05 mg/L.
The TN concentrations ranged from
0.65 to 1.27 mg/L The land uses for
the upstream catchments include
colleges, institutions, golf courses,
farming and agricultural.
From the Sungai Tekam
Experimental Basin 1986 study
(Ruslan, 2000), it was found that there
were changes in water quality
measurements such as conductivity,
suspended solids, turbidity, calcium,
iron and magnesium after
deforestation. Calcium, magnesium,
conductivity were significant and
parameters like total suspended solids,
turbidity and nitrate nitrogen
exceeded the stipulated standards.
In the absence of sufficient data
on metal form and toxicity, total
concentrations provide a conservative
measure. Class B criteria are more
appropriately applied to dissolved,
Impact To The Environment
and Health
A polluted river that flows
through a river basin indicates that
the ecology of the river basin is
disrupted arising from improper land
management which results in
pollutants being released to the river
and ultimately ending up in the sea.
Relatively modest increases in the
concentration of nitrogen and
phosphorus may be sufficient to
trigger algal blooms as a consequent
of eutrophication. In addition to
being unsightly and smelly, masses
of blue green algae can literally
choke the life out of a lake or pond.
The large concentrations of algae
built up, respire and decompose dead
algal cells causing lakes to be devoid
of fish.
The Cryptosporidiosis is an
infection, which produces immunocompetent humans, a self-limited flu
like gastrointestinal illness that
resolves spontaneously in one to four
weeks. In immuno-compromised
patients, Cryptosporidiosis may
produce severe and prolonged
diarrhoea for which there is no
chemotherapy contributing to
mortality.
The toxicity of copper though
typically present in the least amount
in storm-water (order of 10-7M) is the
most toxic to aquatic life followed
by zinc and lead. But because of the
higher concentrations of zinc (10-6
M) and together with the addition of
larger dissolved and bio-available
fractions, metal toxicity from zinc
may be more significant than copper
and lead.
Plate 5 (a) : Siltation/Sedimentation Basin
Plate 5(b): Turfed Slope of more than 50mm thickness (BMPs)
BULETIN INGENIEUR
rather
than,
total
metal
concentrations. Total metal
concentrations include several
forms: particulates and dissolved,
inorganically or organically
complexed (called bound), and free.
Bioavailability and toxicity vary
with the form of the metal. The most
bio-available forms that are toxic to
aquatic life are free metals and some
weak inorganic complexes. Metals in
the environment, particularly in
storm-water runoff, are usually
present in particulate and strongly
complexed (organic) forms, with only
a small fraction of the total metal
concentration being bio-available.
16
The overall goal of storm-water
management programme is to reduce
the discharges of pollutants. Although
these discharges are dependent on the
wills of Nature, society must believe
in the vision that we should live in
harmony with healthy natural
systems. Much work is needed in
restoring the physical, chemical, and
biological integrity of the country’s
waters. The holistic approach applied
will have to be guided by three
strategies: watershed-based planning,
pollution prevention and increased
individual
and
collective
responsibility for the protection of
water resources.
strategy for controlling runoff from
urban areas.
Despite education, awareness and
street cleaning programmes, large
amounts of gross pollutants are
reaching and degrading waterways.
For reducing gross pollutants impacts,
some steps include:
●
●
●
●
Watershed-Based Planning
And Management
●
Watersheds are the logical
hydrological unit within which to
plan, implement and evaluate
pollution prevention efforts. Although
water is a State matter, nature does
not recognise political and state
boundaries.
Water resources must be managed
to sustain environmental values and
the health of the economy. Water
resource protection efforts should
focus on environmental results within
appropriate hydrologic units or
watersheds. Statewide watershed
planning and management must be
implemented which includes the
implementation of agricultural best
management practices to improve the
water quality in a given watershed.
Management plans should be
developed to set priorities regarding
resource allocation and minimum
operating standards for various
sources of impairment in the
watershed.
Pollution Prevention
Society will generate less pollution
if it reduces its consumption of
resources and recycles these materials.
In addition, pollution prevention will
be enhanced by including several
measures, which promotes continuous
improvement in pollution prevention
from agriculture, manufacturing, land
development, energy, transportation,
commercial activity and household.
Prevention is an especially important
Preventive measure (education
and awareness) including drain
labeling.
Working
with
manufacturers
to
reduce
packaging and encouraging
recycling.
Removal of gross pollutants (street
cleaning).
Capture of gross pollutants in the
drainage system.
Bio-remediation of pollutants
(mainly applicable to nutrients and
heavy metals).
Remedial clean-up methods.
Before a particular stormwater
treatment technique or treatment train
can be determined, characteristics of
the catchment area, objectives for the
receiving waters, soil and
groundwater requirements have to be
considered.
Storm-water runoff from
commercial-residential will generally
decrease the water quality in the
receiving waters. To ensure that
contaminants in the runoff will not
exceed pre-determined levels, a
source control programme with the
following objectives should be carried
out.:
●
●
●
●
Identify and correct illegal
connections to the storm-water
drainage systems
Identify business activities that
might contribute pollutants to the
storm drains and work with those
businesses to control the release
of those pollutants
Reduce the likelihood of accidental
spills of chemical or petroleum
products by encouraging spills
control practices; and
Increase the industries operators
awareness of the link between
their activities and the
introduction of contaminants into
storm drains
control but to educate the industries
on proper waste management
through site visits and mailing of
information to encourage them to
keep contaminants out of the storm
drains.
Increased Individual And
Collective Responsibility
Protecting water resources will
succeed only if citizens adopt a
heightened sense of responsibility.
Each member of the society should
contribute to the cleanup costs and
pollution prevention relative to their
contribution to the pollution.
Education, incentives, and regulation
will encourage responsible
behaviour. Environmental education
plays an important role in educating
the public and industries. It is from
environmental education that helps
build demand from the public on
what industries they prefer. It is also
from environmental education that
the population will learn to
understand the concept of
conservation and be able to apply
simple conservation measures in
their daily lives.
For storm water pollution
prevention plan management in an
organisation, it is critical that
employees become familiar with it.
The better the training given to the
employees, the more successful the
storm-water
management
programme will be. In time, training
will benefit both the industry and
community as well.
Under the programme, all
employees need to be informed of
the components and goals of their
employer’s storm-water prevention
plan, which must include:
●
●
●
●
●
●
●
●
The source control programme
must not be a typical command and
BULETIN INGENIEUR
17
●
A pollution prevention committee
A risk assessment/material
inventory
A preventive maintenance
programme
Spill prevention and response
procedure
A storm-water management
programme
A sediment and erosion control
plan
Employee training programmes
Visual inspections
Record keeping and internal
reporting procedures
cover feature
STORM WATER MANAGEMENT
cover feature
A comprehensive planning
process that will involve public
participation must be included in a
storm-water management plan. The
process may be imposed on a systemwide, watershed, or jurisdiction basis
or on individual outfall. In addition,
where necessary, there will also be
interstate coordination to reduce the
discharge of pollutants from the
system to the maximum extent
practicable, as well as control
techniques, system design and
engineering methods, and other
provisions as appropriate.
DISCUSSION
The great diversity of storm-water
discharges and their associated impact
is a key problem, which complicates
the assessment and control. Stormwater varies according to geography,
duration and intensity of the storm
event, ambient environmental
conditions along the course of stormwater runoff, and the conditions of
receiving waters impacted by the
runoff. Because this inherent
variability makes it difficult to define
‘standard’ or ‘typical’ storm-water
discharges, or to develop standardised
impact assessments. The authority
should establish a range of conditions,
rather than a single means of
assessment. This would allow for more
realistic assessment of variable stormwater discharges and help ensure that
storm-water control programmes
reflect the actual nature of the
problem.
To assess storm-water impact, the
authority should not rely on existing
water quality assessment criteria and
the techniques designed to measure
problems
associated
with
conventional municipal and industrial
discharges. Unlike storm-water
discharges, these conventional
discharges are qualitatively and
quantitatively predictable and usually
occur in locations where monitoring
equipment can be easily sited.
Techniques that can take into account
the characteristics of the receiving
water after the storm event, that is,
increased stream-flow and short-term
acute discharges of toxic should be
used for assessing storm water
impacts. Scientifically valid and
defensible monitoring and control
requirements, which address the
unique nature of storm-water, will
require time to develop.
The overall goal of storm-water
management programme is to reduce
the discharge of pollutants. A
framework such as product life cycle
allows a systematic approach to
pollution prevention that considers
each stage in the life of product from
raw materials to finished product, use,
resource recovery and disposal.
Analysing a product in terms of its
life cycle helps identify environmental
impact and risks associated with its
manufacture and use.
Reducing pollution at the source
entails a change in traditional
business
and
management
approaches. Education of future
business managers will focus on
changing attitudes and values in such
a way that makes it easier for them
to factor pollution prevention
considerations into their decision
making. A key element of the
management plan with the goal of
reducing the discharge of pollutants
is public participation, which must
include extensive public education
activities to assist communities in
understanding the importance of this
programme and their impact on it.
RECOMMENDATIONS
1
Policies and programmes should
adopt a holistic resource
protection perspective, taking into
account the interconnections of
quality and quantity of surface water,
groundwater, and aquatic and related
land resources.
2
Every water environment project
requires participation by the
beneficiaries, as well as the
benefactors. A programme to educate
the community on the benefits of
source control for reducing the
impairments of receiving water by
storm-water runoff must be
incorporated in the storm-water
management plan.
3
Programmes to protect water
resources should include a mix
of voluntary and mandatory
approaches, and
4
All levels of Government and the
private sector have a role in
working together to plan water use,
conservation and protection with the
level of Government most appropriate
to the problem principally responsible
for the solution.
CONCLUSION
REFERENCES
A holistic approach considers
human health, water supply and
ecological concerns. Even if the point
source of pollution has been
controlled or completely eliminated,
it will be dwarfed by the non-point
pollution. Approaches to water
resource protection must emphasise
avoiding or minimising pollution and
source degradation rather than
mitigating the effects of releasing
pollutants into or disturbing
ecosystem. Water resource protection
efforts should focus on environmental
results within the appropriate
hydrologic units or watersheds, with
success and failure in attaining water
resources goals regularly reported to
the public. In general, controlling wet
weather runoff remains a high
priority. While the sources may be
familiar or simple to understand, the
solutions are complex. It requires best
management practices and controls
at critical overflow points.
BULETIN INGENIEUR
18
Drainage and Irrigation Dept.: (1986).
Sungai Tekam Experimental Basin: Final
Report, July 1977 - June 1986.
Paulson, C. and G. Amy: (1993).
Regulating Metal Toxicity in Storm-water,
Water Environment & Technology, pp.
44 - 49, Water Environment Federation.
Quek, K.H. (1998): Water Quality
Monitoring and Evaluation Programme
for Putra Jaya Lake and Wetlands.
Proceedings: Seminar on Putrajaya Lake
Water Quality Management, MARDI,
Seremban.
Ruslan Hassan: (1997). UK hit by Crypto
Outbreaks: Are We Ready? No. 7, Jurutera,
Bulletin of the Institution of Engineers
(IEM).
Ruslan Hassan: (2000). Environmental
Pollution: Assessment and Management,
Univision Press, p.200. BEM
By Y.M. Raja Dato’ Zaharaton bt. Raja Zainal Abidin, Director General of the Economic Planning Unit,
Prime Minister’s Department
G
iven the rate of Malaysia’s
economic growth in the
past 30 years, and the fast
pace by which our society
is developing, the magnitude and
array of environmental problems are
becoming more complex and
challenging. Although the natural
environment has certain ameliorative
properties, the pace of change has
been so rapid that their carrying
capacities might soon be exceeded if
left unchecked, and raise issues of
sustainability. At the core of these
problems lie social attitudes and
customary practices that have treated
environmental conditions as if it were
an unlimited resource, a free good,
or something that could renew itself.
Increasingly, that is no longer the
case.
Laws and enforcement by
themselves no longer can ensure that
environmental resources are used in
a sustainable manner if the core
concern is merely cost-effectiveness.
New approaches and methodologies,
which are more effective and more
efficient, are required to deal with
environmental issues.
Many
developed countries have resorted to
using economic instruments (EIs) to
an increasing extent to address
environmental issues. Economic
approaches are based on the premise
that those who pollute should pay for
cleaning up the mess generated. The
idea being that by doing so, we
provide an “incentive” to the polluter
to pollute less, as consequently, they
will pay less. This is commonly
referred to as the polluter pays
principle. It must be underlined,
however, that based on experience of
the developed countries, EIs are
usually only successful, if
implemented as tools to complement
and support existing legislation.
In the case of Malaysia, the
Government pronounced in recent
years that EIs would be used as a
policy tool to supplement and
complement existing command and
control measures in addressing
environmental issues. For instance,
the Third Outline Perspective Plan
(OPP3) and the Eighth Malaysia Plan
(8MP) have stated:
OPP3: The Government will continue
to implement the Polluters Pay
Principle, and intensify enforcement
efforts to ensure that environmental
laws and regulations are complied
with. However, these measures will
be complemented by the use of
innovative economic and tax
instruments, including the removal of
distortions and barriers that impede
the
efforts
in
improving
environmental quality and optimal
natural resource use.
8MP: Efforts will also be channelled
at promoting environmental
performance measurements and
market-based instruments as well as
engaging communities in addressing
environmental and natural resources
issues.” In addition it states, …
increasing the use of fiscal policy in
pursuit of environmental objectives
and promoting the use of appropriate
market-based instruments and selfregulatory measures among
industries.
It is within this policy context that
the Economic Planning Unit (EPU)
undertook a three-year study with
technical assistance provided by the
Danish International Development
Assistance (DANIDA) programme, to
look into the feasibility of introducing
EIs in Malaysia.
Several
demonstration projects were launched
BULETIN INGENIEUR
19
to explore in detail the
implementation of EIs in various
areas, and the results and lessons
learned have been documented in a
handbook (see www.epu.jpm.my).
What is an Economic Instrument?
Traditionally, people see
environmental resources such as
water, land, air as a public good, free
of charge, which can be used without
having to be paid for. This attitude
often results in overuse and even
abuse, contributing to pollution and
environmental degradation, which
will affect human health and
economic growth. Usually, when the
Government wants to regulate the use
of these resources, it introduces a law
or regulation. However, enforcing
laws usually demands huge
manpower resources and is often
costly to administer. Hence, the
attraction of an alternative or
supplementary approach that uses the
market as a means to control
“polluting”
behaviour
and
consequently regulate pollution.
Simply put, EIs are market-based
mechanisms that are designed to
influence people’s behaviour. For
instance, incentives (e.g. subsidies)
reward desired behaviour; similarly,
disincentives (e.g. taxes) penalise
undesired behaviour. In principle, EIs
attempt to ensure the polluter pays
for the environmental mess that they
have created or caused.
The main premise of the concept
of EIs is that a change in prices will
cause consumers and producers to
modify their consumption or
production behaviour. Therefore, EIs
can help to integrate environmental
considerations into economic policies,
thus promoting sustainable
development and thereby improving
cover feature
Economic Approaches In
Addressing Environmental Issues
cover feature
the quality of life. EIs have been
shown to have the following
advantages:
●
●
●
●
Help change consuming and
producing behaviour towards a
more sustainable use of resources;
Encourage economic efficiency
and productivity;
Adaptable to specific issues; and
Reduce bureaucracy required for
enforcement approaches.
behaviour or attitudes towards the
environment. Some types of
instruments are presented in Table 1,
along with some Malaysian case
problems that were part of the
demonstration
projects
as
documented in the EI Handbook.
Usually, there are several types of
options available that can be
incorporated into various sectors to
achieve the desired behaviour effects.
Framework For Developing EIs
Different Types Of EIs
An economic instrument for
environmental management is
normally directed at a specific
environmental problem, and
essentially targeting a change in
In order to effectively implement an
economic instrument, it needs to be
well designed with the input of
relevant stakeholders or interested
parties. Figure 1 illustrates a roadmap
for developing and designing an EI
based on international experience, as
well as lessons drawn from the
demonstration projects conducted in
Malaysia over the past three years.
Challenges In Implementing EIs
There are many challenges to
implementing EIs in Malaysia. High
on the list is the issue of awareness
of the potential of this innovative tool
by all, be they Government officers,
the corporate sector, professionals and
especially the public. They have to
be convinced not only that the new
approach works, but that it is
inherently fair, as it aspires only to
make the polluter pay, and attempts
to address the perennial “free-rider”
problem.
Table 1: Economic instruments in environmental protection
Category
Types
Demonstration Projects
in Malaysia
Taxes, charges, cess,
user fees
Charges and taxes are imposed on products
or activities to change behaviour. Charges
are payments for the use of resources,
infrastructure and services. They are
collected by service providers (or public
agencies) to recover costs of services, as well
as to maintain the system. Taxes are
commonly used to generate revenue for
general use, and to achieve equity goals. A
cess is a tax that is collected for a specific
purpose.
Cess for pesticides
Subsidies and incentives; fiscal
incentives/allowances; grants/
funds for environmental
development
These include subsidies, grants, soft loans
and fiscal incentives that are used to
encourage compliance with environmental
objectives and to promote the use of
technology, products, or resources that are
less damaging to the environment.
Incentives for recycling, such as old
newspapers, bottles
Deposit Refund (D-R) System
This D-R system is meant to encourage the
return of a recyclable item to the
manufacturer.
Deposit refund scheme for pesticides
Performance Bond
Advance payment as a guarantee that
manufacturing and developing conditions
are met.
Used in the mining industry to
persuade miners to restore the land
after they have been mined
Market creation
● Emissions trading
Applied to resources that are difficult to
divide physically and extend beyond local
boundaries, such as air, water and fishery.
By limiting these rights, and devising a
mechanism for the trading of these rights, a
market is created that will price these rights.
●
Voluntary initiatives;
eco-labelling;
recognition schemes
Voluntary actions initiated by industry,
mainly in the form of information disclosure
such as eco-labelling, energy efficiency
performance rating, recognition schemes
and environmental reporting.
BULETIN INGENIEUR
20
Cess for lubricant waste oil
Sales tax for tyres
Several timber certification cases tested
and adopted
Define Problem
Draft terms of reference
for Consultant
Establish
Working Group
Economic Analysis
- Review Current Practises
- Conduct Rapid Assessment Survey
- Research how industry/market operates
Develop Options
Background Paper
Option Paper
Design Instrument
Finalise
Recommendation
Formalise
Decision
Pilot Project
Implementation
- Legal Review
- Institutional Review
Proposal to Ministry/
Gov. Agency
- Consultative Process (Ministry-Level)
- Submit to National Development Planning
Committee via EPU
Desicion/Approval
by Cabinet
- Announcement
- Supervision
- Calculation
- Collecton
- Control
- Sanction
Evaluation
Evaluation Report
Figure 1. Framework to develop and design an economic instrument
In particular, the Malaysian
public’s understanding of the cost of
environmental protection needs to be
enhanced. In this regard, the
importance of transparency in
implementing new taxes, cess, user
charges or fees must be ensured
justified in order to reduce objection
to its implementation. People must
understand why they are paying this
kind of tax or additional charge, and
how the revenues would be used,
particularly for environmental
abatement and mitigation of
degradation.
Having said that, the Government
has to be sensitive to the socioeconomic implications of the new
taxes, charges and fees. Socioeconomic effects need to be
comprehensively analysed so that its
full ramifications are understood, and
socially inappropriate effects removed
from their design.
Above all, EIs must be simple to
implement. Taxes or charges must be
easy to collect, preferably from as few
sources as possible. It must cost less
to collect than the revenue it generates.
An audit trail must be designed along
with a system for adjudication to
enable complaints to be handled
efficiently and judiciously. In addition,
it should close the loop so that there
are no ways to escape from the
intended burden of taxes and charges.
All these measures would require
continuous efforts to build awareness,
capacity and understanding of all
stakeholders of how the “newly”
created “environment” market
operates, analysis of the environmental
and economic effects of unmitigated
“bad” environmental behaviour, and
the benefits of taking appropriate
action. Furthermore, assuming that the
capacity has been built and agencies
are now ready to implement, there is
still the need for certain
“superstructure” changes.
In
particular, the legal and property rights
framework will have to be reviewed.
Quite often, the environment suffers
from what economists call “a tragedy
of the commons”, a situation where
property rights are poorly defined, and
enforcement requires more resources
than is available. The desired change
is to attain the situation whereby the
cost of environmental degradation is
internalised.
CONCLUSION
The Government has initiated
work on EIs in order to increase the
BULETIN INGENIEUR
21
effectiveness of protection and
conservation of scarce environmental
resources, many of which are under
threat. The Government cannot do
this without co-operation and help
from the public, industry, and the
many professionals involved in
development, who would be in a
good position to ascertain the
timeliness and efficacy of
introducing EIs in particular
situations. The message of these
policies is clear: polluters must pay,
and those that can avoid polluting
activities will benefit. The natural
environment, as in our air, water soil
and land, must be given the
necessary protection so that they can
be used in a sustainable manner.
EIs are another set of tools
available at our disposal. Being
relatively new to Malaysia, we will
need to build our understanding of
it as well as the capacity needed to
design effective and fair EIs. The
challenges are many, but as shown
by the demonstration projects, EIs
can be adapted to apply to the
Malaysian situation and hopefully
these initiatives will encourage
greater use of this efficient tool in
addressing environmental issues in
Malaysia. BEM
cover feature
Output
Procedural Framework
engineering & law
Water ResourcesOfManagement
Suspension
Work: In
Malaysia
– The Way Forward
An
Overview
By Ir. Harbans Singh K.S., BE (Mec) S’pore, P.E., C. Eng,
LLB (Hons) London, CLP, DiplCArb
S
uspension represents a contingency that can be
made available to both parties to the contract in
certain defined situations whereby the progress
of the work can be temporarily halted. The
reasons for such freezing of rights and obligations under
the contract are many and are furthermore dependent upon
the identity of the particular party invoking the said
mechanism. In practice, the common grounds giving rise
to suspension vary from issues connected with financial
matters 2 at one end of the spectrum to the vagaries of the
weather at the other end. Despite its importance in the
implementation of a typical contract, little or no emphasis
has been placed by local drafters of conditions of contract
3
to expressly empower the parties to exercise the right of
suspension. Even where prudent draftspersons have
envisaged its application, such rights are usually onesided i.e. permitting only the employer and not the
contractor to invoke such a remedy. Perhaps it is timely
for the engineering/construction industry to give due
recognition to the above-mentioned contingency by
incorporating express stipulations vis-à-vis the subject
at hand; a move that definitely will not stultify but on
the contrary will auger well for the balancing of the rights
between the parties. In Malaysia, such a shift in thinking
is reflected in some standard forms, such as the CIDB
Standard Form of Building Contract (2000 Edition) 4, the
Putrajaya Conditions of Main Contract 5 and the IEM.ME
1/94 Forms 6. However, it is necessary to take the exercise
one step further by affording all parties to the contract
reciprocal rights to the like effect.
MEANING OF SUSPENSION
Drawing upon the above definitions, it can be concluded
that the word ‘suspension’ entails the following meanings
and consequences within its ambit:
●
By suspending the works under the contract, the parties
merely stop or cease all work related activities on a
temporary basis. The contract, inclusive of all rights
and obligations thereunder, however subsists during
the period of suspension;
●
In a similar vein, by suspending the contract itself there
is a moratorium on all facets, rights and obligations
under the contract inclusive of the performance of all
work related activities. In essence, the ‘suspension of
the contract’ is, prima facie, wider in scope and effect
than the limited ‘suspension of works’ under the
contract only; and
●
The alternative description of ‘postponing’ works or
the contract has fundamentally a similar meaning and
effect as suspension. It involves either the ‘works’ or
the rights and obligations of the respective parties being
held in abeyance for the period of suspension.
SUSPENSION: PRINCIPAL TYPES
Logically, both the parties to the contract should be
able to exercise the power of suspension, if and when
necessary. This is subject to the express terms of the
agreement that they have entered into. Hence, in the
engineering/construction industry, the parties who may
be vested with such powers include the employers, main
contractors, sub-contractors, suppliers and the like.
Synonymous with the term ‘postponement’, suspension
has been variously defined in different texts; some
common dictionary examples are listed hereunder:
●
The Longman Dictionary of Contemporary English
holds the word ‘suspension’ to mean:
7
‘…. the act of officially stopping something from
continuing for a period of time ….’
●
Mozley and Whiteley’s Law Dictionary ascribes a rather
concise meaning 8 as reflected herebelow:
‘…. a temporary stop or cessation of a ……. right’
1.
2.
3.
4.
5.
6.
7.
8.
Director, HSH Consult Sdn. Bhd.
See Channel Tunnel Group Ltd. v Balfour Beatty Construction Ltd. & Others [1992] 2 All ER 609, [1993] 32
Con LR1.
Including the standard forms
Clause 19
Clause 58.0
Clause 29
At P 1453
9th Edn. by J.B. Saunders at P 332.
BULETIN INGENIEUR
24
engineering & law
In the context of an ‘employer-main contractor’
agreement the main types of suspension that can be
encountered in practice include, inter alia, the following:
The consequences of the abovementioned general rule
include, inter alia, the following:
●
The employer does not have a power to order the
contractor to suspend work under the contract unless
there is an express term in the contract empowering
him so to do 12;
●
Likewise, a contractor cannot suspend work under
the contract if he so desires in the absence of an
express provision permitting him to do so. The
Channel Tunnel Group Ltd. v Balfour Beatty
Construction Ltd. & Others 13;
●
Should the contractor proceed with the suspension
of work, this may constitute a breach of contract on
his part e.g. in failing to proceed ‘regularly and
diligently’ with the work: Canterbury Pipelines Ltd. v
Christchurch Drainage Board 14. Such a breach may
further entitle the employer to determine the
contractor’s employment provided there is an express
term making provision for the same and the said
ground is one of the default’s stipulated therein e.g.
clause 25.1(i) and (ii) PAM ‘98 Forms (With and
Without Quantities) Editions;
●
There must be actual and not just a virtual suspension
of work: JM Hill & Sons Ltd. v Camden LBC 15.
Furthermore, a mere threat to suspend work has been
held on the facts not to constitute a repudiatory breach
of contract: F. Treveling & Co. Ltd. v Simplex Time
Record Co. (UK) Ltd. 16; and
●
In situations, where the contractor desires to respond
appropriately to the employer’s alleged defaults e.g.
failure to pay on interim certificates, etc. in the
absence of express provisions permitting him to
suspend works, other than arbitration and/or
litigation, the only option he may have is to determine
his employment under the contract: DR. Bradley (Cable
Jointing) Ltd. v Jefco Mechanical Services 17. This
matter was further explored in the New Zealand case
9.
See ‘The ICE Design and Construct Contract: A Commentary’
by. B. Eggleston at P 235.
See ‘Law and Practice of Construction Contract Claims’ by
Chow Kok Fong at P 170.
See also ‘100 Contractual Problems and Their Solutions’ by
R. Knowles at P 87. See also Kah Seng Construction Sdn.
Bhd. v Selsin Development Sdn. Bhd. [1997] 1 CLJ Supp. 448.
See ‘An Engineering Contract Dictionary’ by Vincent
Powell-Smith at P 546.
[1992] 2 All ER 609, [1993] 32 Con LR 1.
[1979] 16 BLR 76.
[1980] 18 BLR 31
[1981] Unreported.
[1989] Unreported. See also Kah Seng Construction Sdn.
Bhd. v Selsin Development Sdn. Bhd. [1997] 1 CLJ Supp.
448.
A. Employer Ordered Suspension
This species of suspension represents the bulk of
the suspensions effected in the industry as express
provisions permitting their realization are not only
included in standard forms of conditions of contract
but also enshrined in the many ‘bespoke’ forms used.
B. Contractor Invoked Suspension
In the local context, though rarely practiced in
agreements employing the standard forms of conditions
of contract, its usage in projects involving larger
institutional employers utilising ‘bespoke’ forms of
conditions of contract is slowly increasing in frequency.
C. Contractor Requested Suspension
More commonly seen in agreements where only
the employer is given the power to suspend works e.g.
‘package deal’ types of contracts, nominated subcontracts, etc., under this species of suspension, either
the contract provisions expressly permit the contractor
to request the contract administrator to allow works
to be suspended on particular grounds e.g. need to
reassess the design, adverse weather affecting quality/
safety of work, etc. or the contractor persuades the
contract administrator to order suspension ‘for the
proper construction and completion of the works’ 9.
D. Constructive Suspension
Strictly, this applies where any act or omission of
the employer has the effect of impliedly halting the
contractor from undertaking his obligations or
suspending the works for an unreasonable time 10. A
local example of this is clause 29.1 of the IEM.ME 1/
94 Form where the contractor is deemed to be instructed
to suspend work if he is prevented by the engineer
from delivering or erecting Plant in accordance with
the programme.
GENERAL RULE ON SUSPENSION
10.
It is trite law that unless there is an express term
permitting suspension enshrined in the contract, parties do
not have a right to either:
●
Suspend work under the contract, or
●
Order work to be so suspended
11.
12.
Hence, in essence, there is no right at common law to
effect the above 11. The only other permissible way to effect
suspension is by the variation of the contract through
mutual consent.
13.
14.
15.
16.
17.
BULETIN INGENIEUR
26
‘In such cases, if the contractor cannot or does not
wish to rescind and cannot prove impossibility or its
equivalent, he will be left with whatever remedies
regarding the recovery progress payment may be
available to him under the contract’.
suspension of the works. The contractor has no similar
rights although under sub-clause 29.1 of the IEM.ME
1/94 Form, the contractor has a limited avenue of
suspension under the so called ‘deemed’ or
‘constructive’ suspension provision. However, even
the latter is of very restricted nature and application;
●
In view of the above judicial pronouncements spelling
out the court’s approach to this matter, the issue of
suspension must be handled with due circumspect and
vigilance.
EXPRESS CONTRACTUAL PROVISIONS
The common express provisions as listed hereabove
essentially encompass the following facets of the
suspension mechanism:
1.
The power of the contract administrator to order
suspension;
2.
The circumstances or situations in which such
power can be exercised;
3.
The formalities pertaining to the ordering of the
suspensions;
4.
The procedural requirements vis-à-vis issues
consequent to the suspension such as
responsibilities of the contractor, cost and time
implications, effect of prolonged suspension and
resumption of work following suspension.
5.
Miscellaneous formalities and procedural
requirements.
General
From the foregoing discussion it is apparent that most
standard forms of conditions of contract make no provision
whatsoever for the eventuality of suspension,
concentrating instead on determination or termination of
employment. Only as of recent have the newer standard
forms attempted to specifically incorporate suitably drafted
clauses to cater for the suspension of works; notable
examples of which are as listed herebelow.
●
CIDB Standard Form of Contract For Building Works
(2000 Edition): The main provision is clause 19 entitled
‘Suspension’.
●
IEM.ME 1/94 Form for Mechanical and Electrical
Works: The applicable express provision is clause 29:
Suspension of Works, Delivery or Erection.
●
PUTRAJAYA Conditions of Main Contract: Under the
instant form, the issue of suspension is dealt with
vide clause 58.0 19.
Comments on the Provisions
Cognisance should be taken of the following matters
pertaining to the express contractual provisions:
●
●
Except for clause 19 CIDB Form (2000 Edition), clause
29 IEM.ME 1/94 Form and clause 58.0 Putrajaya
Conditions of Main Contract, the rest of the common
local standard forms of conditions of contract e.g.
the JKR Forms, the PAM ‘98 Forms, the IEM.CE 1/89
and CES 1/90 Forms, the Putrajaya Conditions of
Nominated Sub-Contracts, etc. have no express
contractual provisions covering the issue of
suspension. Hence, for the latter forms neither the
employer has an express power to order suspension
nor the contractor the right to suspend works under
the contract;
Even where express stipulations have been enshrined
in the conditions of contract, it is obvious that these
are blatantly one-sided i.e. they are intended to
empower only the employer to suspend or order
●
Prima facie, the said express provisions give the
contract administrator an apparently wide or
unfettered power to order suspension of work in terms
of scope, timing and manner.
●
The duty of compliance to a properly issued or
contractually valid suspension order is on the
contractor; and
●
The form of the suspension order is envisaged to be
in an express mode i.e. through a formal instruction
issued by the contract administrator. However, the
IEM.ME 1/94 Form vide sub-clause 29.1 makes
provision for the so called ‘deemed’ suspension order
in the limited circumstances spelt out in that subclause. However, such a mode is unique only to the
said IEM Form.
PRINCIPAL PURPOSES FOR SUSPENSION
General
Contrary to popular belief, suspension is, and remains
a convenient mechanism at the disposal of the contracting
parties to address specific issues during the currency of
the contract without incurring liability for breaching the
contract in any way. In most instances, suspension affords
18. [1979] 16 BLR 78.
19. Entitled ‘Suspension of Works’.
BULETIN INGENIEUR
27
engineering & law
of Canterbury Pipelines Ltd. v The Christchurch
Drainage Board where the court of appeal stated: 18
engineering & law
the parties the necessary opportunity to take a ‘breather’
i.e. freeze the contract or hold it in abeyance whilst
reflecting upon or reassessing particular issues before
resuming or restarting the contract with the benefit
obtained therefrom.
●
Site safety considerations;
●
Unforeseen conditions encountered;
●
Unexpected restrictions imposed on the works;
The necessity for such an eventuality arises in most
contracts either by chance or by design. Specific
problems occurring during the progress of the works
e.g. the breakdown of the contractor’s quality assurance
system, the reassessment of the design by the
consultants, etc. may compel a suspension to be
effected. Factors beyond the parties’ control e.g.
governmental policy changes, legislative amendments,
etc. may on other occasions trigger a requirement for
an appropriate postponement of rights and obligations
under the contract inclusive of the progress of work.
●
Pre-planned closures; and
●
Changes in authority requirements and/or legislative
requirements.
Be that as it may, in the final analysis, there are in
most contracts compelling grounds or reasons for both
the employer and the contractor 20 at one time or another
to initiate or resort to the suspension of works.
Although there are in specific instances common
reasons or grounds for effecting the same, in general
the principal purposes show marked variance between
the different parties. Owing to this distinct difference,
each of the principal parties will be dealt with
separately.
Employer’s Purpose
A review of the common express contractual
provisions 21 reveals the fact that though such
stipulations give the contract administrator an
apparently absolute discretion to suspend works under
the contract as he deems necessary, the rationale behind
such exercise of power is not specified. Prima facie,
such clauses therefore appear one-sided and on the face
value inequitable. However, if one were to delve deeper
into the matter, it is apparent that there may be valid
grounds for the employer to resort to suspension in
any particular situation. Various reasons have been
proffered by leading authorities 22 in the engineering/
construction field to justify the employer’s invoking
the instant mechanism; a summary of which is appended
herebelow:
●
Reassessment of the design of the works;
●
Change in the employer’s requirements;
●
Adverse weather conditions affecting the safety
and/or quality of the works or people engaged
thereon;
●
Breakdown of the contractor’s quality assurance
system;
●
Contractor’s default or unsatisfactory performance;
●
Access and possession of site problems;
A more compelling reason of late is the financial
difficulty faced by employers in terms of temporary lack
of funds or cash flow problems. Though prima facie, a
seemingly valid reason prompting the justification of
suspension, it has been dismissed as an abuse of the said
provision by many authorities. As an example, Eggleston
opines 23:
‘From the clause ………. and its wording it is clearly
intended principally for practical matters relating to
when and how the works are constructed and not to
financial matters’
Despite the above-mentioned position, it has not
prevented employers from expressly listing temporary lack
of funds as one of the relevant suspension events. In
tandem with contractual stipulations of the like of
‘Determination by Convenience’, suspension on financial
grounds is beginning to feature commonly in ‘bespoke’
forms on the local scene.
Contractor’s Purpose
It is obvious that none of the common local standard
forms of conditions of contract makes any provision
whatsoever for the contractor to suspend works under
the contract no matter how valid a ground he may have.
However, this does not mean that the said deficiency
should, and has been overlooked by fair-minded
practitioners inclusive of the contractors themselves. A
good proportion of ‘bespoke’ forms afford the contractor
a commensurate right to suspend works; these being
premised on the following principal grounds:
●
Failure of the employer to pay on interim certificates;
●
Reassessment of design of works where the design
element is included in the contractor’s scope of
work 24;
20. And the sub-contractor.
21. See hereabove.
22. See ‘The ICE Design and Construct Contract: A
Commentary’ by B. Eggleston at P 235.
23. Ibid. Whilst dealing with clause 40 of the ICE Design and
Construct Contract Conditions.
24. E.g. for works under P.C. Sum or ‘Package Deal’ types of
contracts.
BULETIN INGENIEUR
28
Adverse weather conditions affecting the safety and/
or quality of the works or people engaged thereon;
●
Specific defaults of the employer or the contract
administrator 25;
●
Site safety considerations; and
●
Unforeseen conditions encountered;
other forms. Presumably the suspension instruction
must comply with the relevant formalities and
procedural requirements applicable to a typical
instruction under the particular form of contract;
●
1.
2.
Of the many grounds listed hereabove, failure of the
employer to effect payment remains the main reason where
contractors feel entitled to suspend works until the
employer remedies the default. This is especially so where
the conditions of contract do not make failure to pay a
ground for permitting the contractor to determine his
employment.
●
The contract administrator may issue such instruction
as and when he so desires and for such time or times
and in such manner as in his absolute discretion is
considered necessary. He does not need to give any
reason/justification to the contractor for the exercise
of the same. Hence, the contract administrator’s power
to order suspension appears indeterminate and
unfettered. This is subject to an implied obligation
to exercise the absolute discretion bestowed on him
on objective grounds although, prima facie, appearing
purely subjective. Should the discretion be abused
i.e. ordering of suspension on purely financial grounds
where such grounds are not enshrined in the contract,
the contractor has a right to mount a challenge on
the basis of mal-administration of the contract;
●
The instruction to suspend work must stipulate
essential matters such as the extent and nature of the
work involved and the timing for the commencement
of the suspension. In emergency situations e.g. where
safety issues are concerned, such suspension orders
may be of immediate effect. For others e.g. need to
reassess design, change in employer’s requirements,
etc. a reasonable notification period is usually given
28
; and
●
Cognisance should be taken of the fact that the
instruction to suspend work may not necessitate the
issue of a formal instruction at all under certain
conditions of contract or in the case of ‘constructive’
suspension. As an illustration, by virtue of clause
29.1 of the IEM.ME 1/94 Form, should the engineer
prevent the contractor from delivering or erecting
Plant in accordance with his approved programme,
this is deemed to be considered to be an instruction
to suspend. Therefore, one should be mindful of the
precise wording of the applicable clause and the
General
For the suspension to be tenable at law not only must
it comply with the substantive matters but also the
procedural requirements expressly stipulated in the
contract. Otherwise it may constitute a breach of contract
on the part of the party initiating the suspension with its
dire consequences. With the said proposition in mind, it
is necessary to examine the procedural requirements visà-vis the issue of suspension from the employer’s point
of view since such a remedy seems to be available only to
the latter in the applicable standard forms 26.
Suspension Procedure
Under the CIDB Form, IEM.ME 1/94 Form and
Putrajaya Conditions of Contract, the following principal
procedural requirements can be noted:
The respective conditions of contract empower only
the contract administrator to order a suspension of
the works. Hence, such a body would include:
1.
The ‘Superintending Officer (S.O.)’: CIDB Form
2.
The ‘Engineer’: IEM.ME 1/94 Form; and
3.
The ‘Employer’s Representative (E.R.)’: Putrajaya
Conditions of Main Contract
It should be appreciated that none of these forms
bestow a commensurate power on the employer
himself. Hence, he must act through the contract
administrator;
●
The contract administrator may suspend work only
by means of an instruction issued formally to the
contractor. Although clause 58.01 of the Putrajaya
Conditions uses the terminology of a ‘written order’,
it essentially refers to an instruction in line with the
Part of the works; or
The whole of the works
The above includes the suspension of the delivery of
plant or equipment to site and the erection of such
items already delivered to site 27.
PROCEDURAL REQUIREMENTS
●
By virtue of the instruction, the contract administrator
is permitted to order suspension of the execution of:
25. A good example would be the specified events in the CIDB
Form (2000 Edition).
26. Furthermore, it is the most common form of suspension in
practice.
27. See clause 29.1 IEM.ME 1/94 Form.
28. E.g. between 7 to 14 days as appropriate.
BULETIN INGENIEUR
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engineering & law
●
engineering & law
implied effects of the parties’ acts or omissions in
relation to their rights and obligations under the
contract.
duration of the suspension. Human resources, plant,
equipment can be reassigned, if possible, as necessary,
in an attempt to mitigate the full rigours of the
suspension. A skeleton staff essential to undertake
the remaining duties during the suspension period
e.g. security and maintenance of site, preparation of
claims, other administrative duties, etc. should be
maintained as these may be eventually paid for by
the employer.
Contractor’s Duties Following Suspension
Upon receipt of the order to suspend works from the
contract administrator, the contractor has forthwith to
adopt certain measures consequent to the said order. These
measures must be in line with the relevant contract
stipulation e.g. clause 19.1 (a) of the CIDB Form (2000
Edition) which reads:
3.
The contractor’s duty to secure and protect the
works so far as is necessary in the opinion of the
contract administrator during the period of suspension
is not only an implied requirement but in addition
expressly stipulated in most standard forms of
conditions of contract 30. Furthermore, there is often
either an implied or express necessity for the
contractor to maintain the works in question for the
said period.
‘The contractor shall on an instruction of the
Superintending Officer, suspend the execution of the
works or any part of the works …… and shall during
such suspension, properly protect and secure the works
or such part of the works so far as is necessary or in
accordance with the instruction of the Superintending
Officer’.
Since the contractual provisions are never complete
and exhaustive, the bulk of the required measures have
to be established by necessary implication. The essential
procedural arrangements would generally include 29:
1.
In assigning this responsibility to the contractor,
the consequent risks during the suspension period
are accordingly passed on to him. He then remains
primarily liable for the security of the works,
protection against the elements and deterioration from
foreseeable causes, etc. In discharging this duty, the
contractor is expected to implement only reasonable
steps within the context of the contract and no more.
Should measures over and above the norm be
necessary, he must seek the consent and direction of
the contract administrator as at the end of the day
the employer has to ultimately reimburse the
contractor for the same.
Contractor to Suspend Works
The initial response of the contractor should be to
comply with the suspension order effective on the
date named in such order by discontinuing all works
under the contract. This would entail basically:
a)
Halting all construction, erection, installation, etc.
related activities;
b)
Suspending the ordering, fabrication off-site,
delivery to site, etc. of all material, plant and
equipment; and
c)
Ceasing to undertake all other activities or
operations in relation to the works under the
contract e.g. design work, appointment of subcontractors, etc.
Since most contractors would have farmed out the
bulk of the elements under the contract to a host of subcontractors/suppliers, it would be incumbent for the former
to accordingly initiate the commensurate suspension
downstream. This exercise should not pose any problem
as most contractors normally tie their sub-contractors/
suppliers on a ‘back-to-back’ basis.
2.
Contractor to Demobilise
In tandem with the cessation of the activities
related both to site work and ‘off-site’ disciplines, it
would be prudent for the contractor to undertake a
demobilization of resources for the anticipated
Contractor to Secure and Protect the Works
Position Post Expiry of Suspension Period
Suspension, being essentially of a temporary nature,
can be of a limited period only. This fact is supported by
the various express provisions which stipulate a definite
duration for any one suspension order; examples of such
life spans being:
1.
IEM.ME 1/94 Form: Maximum 84 days 31
2.
Putrajaya Conditions of Main Contract: Maximum
150 days 32
3.
CIDB Form (2000 Edition): Maximum of 3 months 33
29. See ‘Law and Practice of Construction Contract Claims’ by
Chow Kok Fong at P 170 & 171.
30. See Clause 19.1 CIDB Form (2000 Edition), Clause 58.01
Putrajaya Conditions of Main Contract, etc.
31. Clause 29.4
32. Clause 58.03
33. Clause 19.2 and Appendix to Conditions
BULETIN INGENIEUR
30
1.
2.
3.
4.
The contract administrator lifts the suspension by
instructing the contractor to resume work before
the suspension period is over; or
●
Expressly provided for in the contract e.g. clause
19.2 CIDB Form (2000 Edition), clause 58.03
Putrajaya Conditions of Main Contract, etc.; or
The contract administrator instructs the contractor
to resume work upon the lapse of the suspension
period; or
●
Necessary by reason of the contractor’s default
e.g. clause 29.4 IEM.ME 1/94 Form, etc.
The contract administrator expressly extends the
suspension period by a definite time either before
the original suspension period is over or upon its
lapse; or
3.
Should the reasons for the prolonged suspension
be neither expressly provided for in the contract nor
attributable to the contractor’s default, the contractor
may serve a written notice to the contract
administrator for permission to recommence or resume
with the suspended works in whole or part (as
applicable) within a stipulated period of receipt by
the latter of the said notice.
The suspension period lapses and the contract
administrator gives no instruction whatsoever to
the contractor.
The 1st and 2nd situations have clear implications as
these are usually contractually valid and have the
consequential effects well spelt-out. The contractor
under such scenario would adopt a series of measures
i.e.:
1.
Contractor to Notify Contract Administrator for
Permission to Proceed With Works
The period stipulated in the above notice is usually
prescribed in the applicable contractual provision;
common examples include:
Resume with the works i.e. recommence with all
work related activities such as construction,
erection, installation, ordering, delivery of materials
to site, etc.;
●
14 Days: Clause 19.2 CIDB Form (2000
Edition); and
●
2.
Remobilise all necessary resources to resume with
the works under the contract.; and
28 Days: Clause 29.4 IEM.ME 1/94 Form and
Clause 58.03 Putrajaya Conditions of Main
Contract
3.
Proceed with his relevant claims for additional
costs, extension of time, etc. to cover the suspension
period.
Where no such period is expressly indicated, by
necessary implication it is to be taken as a reasonable
time under the particular circumstances.
In contrast, the 3rd and 4th situations are problematic
as under such scenarios the contractor’s position is less
well defined; being vague and nebulous. Labeled as
‘Prolonged Suspension’ is most standard forms 34, the
general procedure for the contractor to follow under
these circumstances can be reduced to the steps as listed
herebelow:
1.
The Contractor to Determine Whether the
Suspension Period Had Lapsed
Before the contractor can initiate any action,
he must establish that the suspension falls under
the contractual definition of ‘Prolonged
Suspension’. Hence, he must establish whether the
suspension has actually exceeded the period
permitted under the contract i.e. 84 days, 150 days,
3 months, etc. as applicable.
2.
The Contractor to Establish Reasons for the
Prolonged Suspension
4.
The Contract Administrator To Make Decision and
Respond Accordingly
Upon receipt of the contractor’s notice, the contract
administrator has to make a considered decision and
respond appropriately within the period stipulated in
the notice 36. Should the said decision be in line with
the contractor’s application, the suspension is
accordingly lifted and the contractor can resume with
the works in question. However, if permission to
proceed with the works is not granted, the contractor
is entitled to initiate the next step in the procedural
chain as listed hereunder.
34. E.g. Clause 19.2 CIDB Form (2000 Edition).
35. See ‘The ICE Design and Construct Contract: A Commentary’
by B. Eggleston at P 239.
36. See Clause 19.3 CIDB Form (2000 Edition), Clause 29.4
IEM.ME 1/94 Form, Clause 58.03 Putrajaya Conditions of
Main Contract.
BULETIN INGENIEUR
31
engineering & law
Unless the suspension is due to the following
reasons, the contractor has a right to invoke the
consequential steps to deal with the prolonged
suspension 35:
Following the issue of a typical suspension order to
the contractor, the situations as listed hereunder can
occasion:
engineering & law
5.
Contractor to Exercise Right of Election
If permission is not granted by the contract
administrator within the time prescribed in the
contractor’s notice of application, the contractor has
to decide on the next course of action to be adopted.
The option to be exercised is dictated both by the
extent of work affected by the suspension and the
remedies permitted contractually. These include:
●
In the case where the suspension affects the whole
or substantially the whole of the works, the
contractor is entitled to:
1.
●
Determine his own employment i.e. if his
contract contains a clause to this effect:
Clause 19.3 and 45.1 CIDB Form (2000
Edition); or
2.
Terminate the contract i.e. if the contract
expressly permits: Clause 29.4 and 37.1
IEM.ME 1/94 Form; or
3.
Treat the suspension as a Termination for
Convenience of the Contract by the Employer
where the contract prescribes this remedy:
Clause 58.03 and 60.0 Putrajaya Conditions
of Main Contract.
In the case where the suspension affects only a
part or section of the works, the contractor may
treat such suspended part as an omission 37 under
the relevant clause of the contract e.g.
1.
Clause 28: CIDB Form (2000 Edition)
2.
Clause 19: IEM.ME 1/94 Form
3.
Clause 41: Putrajaya Conditions of Main
Contract.
Whatever option is adopted by the contractor it must
be communicated forthwith to the contract administrator.
Though only the Putrajaya Conditions of Contract 38
prescribe the form of the said notice, it is advisable for
the contractor to effect the same through a written notice.
A further point to note is as to the unique third option
afforded to the contractor by the IEM.ME 1/94 Form 39 i.e.
where the contractor decides to treat the prolonged
suspension as neither a termination nor an omission. In
such an eventuality the contractor can request the
employer to take over the responsibility for protection,
storage, security and insurance of the suspended works
and the risk of loss or damage shall thereupon pass on to
the Employer. Whilst this option has been expressly
prescribed under the conditions of contract, its validity
and practicality in actual practice is uncertain since it
has been hardly adopted. It is a moot point as to whether
such an option can in reality result in a viable option in
the event of the contract administrator’s failure to respond
to the contractor’s application in a prolonged suspension
scenario. However, since it has been stipulated in one of
the standard local forms, its availability and ambit should
be taken cognizance of.
CONTRACTOR’S ENTITLEMENTS
General
Unless the reason for the suspension ordered by the
contract administrator is primarily due to the contractor’s
default or otherwise provided for in the contract, the latter
is generally entitled to the following entitlements
consequent to the suspension of works 40:
●
A commensurate extension of time to the contract to
cater for the suspension period; and/or
●
Reimbursement for the extra cost incurred in giving
effect to the suspension ordered.
The above listed broad categories of entitlements are
primarily meant to compensate the contractor for the usual
consequences of the disruption to the progress of his works.
Most contracts have express stipulations or formulae to
cater for these eventualities; notable examples of such
provisions encompassing financial reimbursements include:
●
Clause 19.1(b) CIDB Form (2000 Edition);
●
Clause 29.2, 29.3 and 29.5 IEM.ME 1/94 Form; and
●
Clause 58.02 Putrajaya Conditions of Main Contract.
Such express stipulations, where provided for, prescribe
in addition to the valuation methodology, also the
procedural requirements e.g. notification, etc. for the
contractor to pursue in seeking the necessary
reimbursements. It should be noted that in the absence
of express contractual stipulations governing the
contractor’s entitlement, the common law principles would
have to be accordingly applied.
Extension of Time Entitlement
The general rule is that the contractor is entitled to an
extension of time to the contract for any disruption to his
progress of works i.e. if it affects the whole of the works.
Should the suspension be limited to a part or section of
the works only, extension can be considered if the affected
part or section of the works lies on the critical path 41 and
any float, if allotted, does not belong to the employer.
37.
38.
39.
40.
or a variation.
See Clause 58.03 stipulating the ‘written’ mode.
See Clause 29.5.
See ‘The ICE Design and Construct Contract: A Commentary’
by. B. Eggleston at P 236.
41. See ‘Law and Practice of Construction Contract Claims’ by
Chow Kok Fong at P 170.
BULETIN INGENIEUR
32
●
There must be enshrined in the contract a clause
permitting extension of time in the first place; and
●
One of the relevant grounds or events stipulated
therein should cover the instant eventuality i.e. of
suspension of works.
1.
Here again, the different forms approach this subject
in varying fashions. The CIDB Form 43 does not define
the components of the cost entitlement but vide clause
19.1(b) merely labels these as ‘Loss and Expense’. In
a similar vein clause 58.02 of the Putrajaya Conditions
of Main Contract underlines the contractor’s right to
additional expenditure by reason of a suspension order
given by the Employer’s Representative without
delving into further details or classification. The
IEM.ME 1/94 Form on the other hand whilst
maintaining the ‘broad brush’ approach of the two
previously mentioned forms, however, is a bit more
generous with the description and classification of
the contractor’s entitlement; these being reflected in
clause 19.2 44 and 19.3 45 respectively.
Examining the various standard forms of conditions
of contract permitting suspension, it is apparent that they
satisfy the above pre-conditions to the following effect:
●
●
CIDB Form (2000 Edition) 42
1.
1st pre-condition: Clause 24 Delay and Extension
Of Time
2.
2nd pre-condition: Sub-clause 24.1 (k)
The Heads/Components of the Costs Claimable
In the absence of and notwithstanding any express
stipulations as previously considered, the cost
entitlements of the contractor 46 can be basically
broken down into a number of principal heads or
components as listed hereunder 47.
●
Additional costs incurred in protecting, securing
and maintaining the works for the period of
suspension;
●
Reasonable costs involved in the demobilization
process following the suspension order and
remobilization upon the resumption of the works;
●
Additional costs, charges and/or premiums in
extending the various insurances, performance
bonds, guarantees, warranties, etc. incurred due
to the suspension;
●
Reasonable expenses incurred due to the
suspension of sub-contracts and purchase orders,
cancellation charges (if incurred), storage and
warehousing charges, etc. during the period of
suspension;
●
Compensation for the contractor’s maintenance
of its organization, plant and equipments, etc.
which have been committed to the project or part
of it affected by the suspension 48;
IEM.ME 1/94 Form
1.
2.
1st pre-condition: Clause 31.2 Extension Of Time
for Completion
2nd pre-condition: Sub-clause 31.2 (g)
Interestingly, the Putrajaya Conditions of Main
Contract do not contain an express ground to extend time
to the contract due to suspension of work. Hence, under
such circumstances, the only option available to the
Employer’s Representative would be to instruct the
contractor to accelerate works pursuant to clause 43.06
in order to recover the period of delay occasioned by the
suspension. Where such recovery is wholly or partly not
capable of being practically achieved, the employer may
inevitably compromise his rights pertaining to liquidated
damages.
Cost Entitlements
The applicable formula governing the contractor’s
entitlement to the various additional costs entitlement
consequent to the suspension are usually stipulated in
the respective conditions of contract. Such express
provisions in general spell out the relevant matters
pertaining to this issue including, inter alia:
●
The heads or components of the costs available;
●
The exceptions to the contractor’s right of recovery;
and
●
The procedural requirements inclusive of any special
pre-conditions
42.
43.
44.
45.
46.
See also Clause 19.1(b).
Form of Contract for Building Works [2000 Edition].
Entitled ‘Cost of Suspension’.
Labeled ‘Payment in Event of Suspension’.
Whether described as ‘Loss and Expense’ or ‘Cost of Suspension’, etc.
47. See also ‘Law and Practice of Construction Contract Claims’
by Chow Kok Fong at P 171.
48. Ibid.
BULETIN INGENIEUR
33
engineering & law
In establishing the contractor’s entitlement to any
extension of time to his contract, the principles and
procedures in relation to this subject have to be strictly
complied. Of particular concern are the following preconditions:
engineering & law
●
●
2.
Additional costs incurred by the contractor owing
to the adverse effect of the suspension process
on the contractor’s performance of the remainder
of the work following the lifting of the suspension
e.g. loss of productivity, inefficient sequencing
of the work, abortive work, etc.; and
e)
Where the suspension is necessary for the safety
of the works;
f)
Where the suspension is necessary by reason of
direction/order of any statutory/governmental
authorities
Other miscellaneous additional costs, charges
and/or expenses which can be proven attributable
to the suspension.
As a general rule, unless the contractor can show
that either the stipulated exceptions are inapplicable
or are not relevant on the facts, his right of recovery
of additional costs or loss and expense by reason of
the suspension will be likely to be compromised.
The Exceptions To The Right of Recovery
The contractor’s entitlement to the right of
recovery is curtailed by any exceptions agreed to by
the parties and as expressly enshrined in the contract.
Once more, the number and types of such exceptions
differ according to the particular conditions of
contract employed. Hence, these stipulations must
be strictly construed and adhered to.
A. IEM.ME 1/94 Form
By virtue of clause 29.2 the contractor is not entitled
to be paid any additional cost if the suspension is
necessary by reason of a default on the part of the
contractor.
3.
The Procedural Requirements
In seeking a commensurate compensation to the
loss and expense suffered or additional costs incurred
by reason of compliance with the suspension order,
the contractor must follow any procedural requirements
expressly spelt out in the conditions of contract in
force. The common standard forms have express
stipulations to this effect; compliance with which is a
necessary pre-requisite to the contractor’s satisfactory
recovery. The following pertinent points need to be
taken note of in relation to some of the salient features
pertaining to the procedure to be adopted:
●
The contractor is required to notify the contract
administrator of his intention to make a claim 50;
●
The notice must be in writing and must be made
within a stipulated period after the receipt of the
order to suspend works. This period is normally:
B. CIDB Form (2000 Edition)
Clause 19.1(b) lists out the exceptions as:
a)
Express provisions in the contract denying the
recovery of additional costs 49; or
b)
Where the suspension is necessary because of the
contractor’s default or breach of contract; or
c)
Where the suspension is necessary for the proper
execution of the works; or
d)
Where the suspension is necessary for the safety
of whole or any part of the works.
●
a)
28 days: Clause 29.2 IEM.ME 1/94 Form and
Clause 58.02 Putrajaya Conditions of Main
Contract; or
b)
30 days: Clause 32.1 CIDB Form (2000
Edition) 51
The contents of the notice should specify:
a)
The event giving rise to the claim and its
consequences 52;
b)
An estimate of the likely daily cost 53 or the
value of the loss and expense 54; and
c)
Any other relevant information e.g. the
appropriate contract reference, etc. 55
C. PUTRAJAYA Conditions of Main Contract
The exceptions stipulated under clause 58.02 include:
a)
Express provisions in the contract denying the
recovery of additional costs;
b)
Where the suspension is necessary because of the
default of the contractor, his sub-contractors /
suppliers, etc.;
c)
Where the suspension is necessary by reason of
adverse weather conditions;
d)
Where the suspension is necessary for the proper
execution of the works;
49. Or as labeled ‘Loss and Expense’.
See Clause 29.2 IEM.ME 1/94 Form, Clause 58.03
Putrajaya Conditions of Main Contract.
51. Entitled ‘Notice of Claims’.
52. Clause 32.1(a)(i) CIDB Form.
53. Clause 58.03 Putrajaya Conditions of Main Contract.
54. Clause 32(a)(ii) CIDB Form.
55. Clause 32(a)(ii) CIDB Form.
BULETIN INGENIEUR
34
Within a reasonable period 56 of the issue of the
notice by the contractor or at such times as
mutually agreed to by the parties, the contractor
must submit to the contract administrator all
records and documents to substantiate the claim;
●
Upon receipt of the contractor’s claim together
with the supporting documents, the contract
administrator must check these for sufficiency
and accuracy. Should there be a necessity to
request for further and better particulars, the
contract administrator must initiate the
appropriate procedural steps to effect the same;
●
If upon the receipt of all relevant information,
the contract administrator is of the opinion that
the contractor is contractually entitled to
additional expenditure by reason of the
suspension order issued, he shall ascertain the
extra costs incurred and add it to the Contract
price; and
●
The amount due shall be included in any
payment certified by the contract administrator
and disbursed within a reasonable period of the
contractor’s submission of all the relevant
documents and/or records.
Most standard forms of contract are worded to the
effect that the condition precedent to the contractor’s
right to recover the additional costs being the issue of
the notice of intention to claim within the stipulated
period e.g. clause 29.3 IEM.ME 1/94 Form, Clause 58.02
Putrajaya Conditions of Contract and Clause 32.1 CIDB
Form (2000 Edition). As to whether non-compliance
with such a condition precedent is fatal to the contractor’s
claim is a moot point depending as to whether such a
provision is construed as a mandatory requirement. To
obviate the possibility of a claim being rendered invalid
by reason of the breach of such a provision, it is advisable
for contractors to comply as far as is reasonably
practicable to its stipulations unless extenuating
circumstances or reasons beyond the contractor’s control
render such compliance impossible.
of the other. Coupled with repudiation and frustration,
both suspension and determination serve as the common
mechanisms for stopping the works under the contract;
whether these be on a temporary or permanent basis.
Suspension is seldom encountered in everyday
practice; a fact evidenced by the dearth of corresponding
express provisions in the common forms of conditions
of contract being employed in this country. However,
this apparent lack of emphasis does not negate the fact
that suspension is, and does, represent an important
mechanism for the parties to temporarily stop or freeze
the works and/or their rights and obligations under their
contract due to various reasons. More importantly, it
does serve a secondary purpose of allowing the parties
to address specific areas of concern e.g. reassessment of
design, review of safety measures, etc. without having
to breach the contract and thereby incur the
consequences of perhaps repudiating the contract. Hence,
it is timely for practitioners to appreciate the legal and
procedural intricacies of this important but often ignored
area of contract implementation by according it due
consideration in practice. BEM
REFERENCES
1.
Bockrath, J. ‘Contracts and the Legal Environment
for Engineers and Architects’ [5th Edn.], McGraw Hill.
2.
Chappel, D. ‘Parris’s Standard Form of Building
Contract’ [3rd Edn.], Blackwell.
3.
Chow Kok Fong ‘Law and Practice of Construction
Contract Claims’ [2nd Edn], Longman.
4.
Eggleston, B. ‘The ICE Design and Construct Contract:
A Commentary’, Blackwell.
5.
Gajria, K. ‘GT Gajria’s Law Relating to Building and
Engineering Contracts In India’ [4 th Edn.],
Butterworths.
6.
Harbans Singh K.S. ‘Engineering and Construction
Contracts Management: Post-Commencement
Practice’, Lexis Nexis/Butterworths.
7.
Knowles, R. ‘100 Contractual Problems and Their
Solutions’, Blackwell Science.
8.
Murdoch, J. & Hughes, W. ‘Construction Contracts’
[3rd Edn.], Spon Press.
CONCLUSION
Suspension and determination are two disparate
topics that arise quite frequently in engineering/
construction contracts. Though appearing at first blush
to be distinct, they do however have a nexus in that
under certain conditions of contract they share common
grounds for disrupting the flow of the work under a
contract. In particular circumstances, suspension and
determination represent alternative remedies for the
parties in the event of any default and/or breach on part
56. 30 days in the CIDB Form: Clause 32.3
BULETIN INGENIEUR
35
engineering & law
●
feature
The WTO And The South:
Implications And Recent
Developments
Part 2
By Martin Khor, Director, Third World Network
The Northern Initiative
For A Multilateral
Investment Agreement
By far, the most important “new
issue” being promoted by Northern
countries in the international arena
is investment policy per se. What was
dropped in the Uruguay Round TRIMs
negotiations, as a result of strong
opposition from the South, is now
being pushed with tremendous energy
and resources. The investment
initiative is being promoted in two
fora: the WTO and the OECD. The
objective is to establish an
international agreement that widens
the rights of foreign investors far
beyond the current position in most
developing countries, and to severely
curtail the rights and powers of
governments to regulate the entry,
establishment and operations of
foreign companies and investors. This
initiative is currently also the most
important development in attempts to
extend the scope of globalisation and
liberalisation.
The agreement is termed the
Multilateral
Agreement
on
Investments (MAI) in the OECD and
the Multilateral Investment
Agreement (MIA) in the WTO context.
For the proponents, the desired
content of both is basically similar.
The MAI is being negotiated by the
28 members of the OECD and is
expected to be completed by May or
later in 1997, whereupon non-OECD
countries (who have not been invited
to participate in the negotiations) will
be invited to also join. The MIA has
been informally pushed, particularly
by the European Union, at the WTO.
Owing to growing opposition to such
an MIA by many developing counties,
the Northern countries instead
proposed a “study process” in the
WTO to examine the links between
trade and investment. They enlisted
the support of some developing
countries. This was endorsed by the
WTO Ministerial Conference in
December 1996, which established a
new WTO working group to examine
the relationship between trade and
investment. In the working group, the
proponents are expected to advocate
upgrading the study process to
negotiations that would eventually to
an MIA.
The process began in the WTO in
March 1995, when the EU held a
briefing for several Third World trade
diplomats in Geneva, where it
circulated an EC paper, “A level
playing field for direct investment
worldwide”. It is clear form this paper
that the proposed agreement would
oblige signatory governments to:
●
Grant free access for foreign
investments. Foreign firms will
have the right to enter and
establish themselves, with 100 per
cent equity, in all sectors and
activities except security.
●
Grant “national treatment” to
foreign investors. Foreign
companies would be treated in a
“non-discriminatory” way like
local firms. Policies that now
favour local companies, banks and
professionals will have to be
changed. Foreigners and foreign
B U L E T I N I N G E N I E U R 36
firms would have full rights to
own land and real estate and to
receive government aid, subsidies
and contracts, just like locals.
●
Take further “accompanying
measures” (such as the right to full
profit repatriation, changes to tax
and company laws to remove
existing favourable treatment to
locals, etc.) so as to create
favourable conditions for foreign
investors. The rules being
proposed by the EU, and which
enjoy support from other
developed countries, have thus
been resurrected from the Uruguay
Round negotiations on TRIMs,
where they had been rejected by
developing countries as being not
relevant to the GATT’s mandate.
The newly proposed rules still go
far beyond the current and legitimate
concerns of the WTO, which are
supposed to be restricted to trade
implications of investment measures.
Compared to the WTO’s present
mandate in investment, which is
confined
to
“trade-related”
investment measures, the EU proposal
would extend the scope of the issue
to national policies, conditions,
regulations and operations of foreign
investments per se and as a whole.
With the MIA, the WTO would no
loner be a “trade organisation”, but
become an agency with the extra
powerful function of regulating
investments worldwide. This would of
course be a very major extension of
the WTO’s powers. It would also mean
the extension and application of the
enterprises to compete successfully in
the economy. This removal of the
right of developing countries to
regulate the area of investment, would
effectively close the possibility of
domestic economic capacity
building.”
The NGOS stressed they are not
against foreign investments per se, as
they recognised that “foreign
investment may have a relevant and
indeed significant role to contribute
in the development process.” They,
however, believed that this role has
to be placed in an appropriate policy
context, which “requires that
governments continue to be given the
right to regulate the terms and
conditions for the entry and operation
of foreign investment in the various
sectors.”
The concerns of the NGOs have
much merit. The experience of
Southeast Asian countries with
foreign investment is illuminating in
this context. These countries have
successfully attracted large volumes
of foreign investments but the
companies have to operate within
sophisticated regulatory framework.
For instance, foreign investors may
be welcome in some sectors
(manufacturing, oil production) but
local firms may be given preference
in others (for example, plantation,
agriculture). Even in manufacturing,
there are policies in many countries
restricting full equity rights, requiring
foreign investors to enter joint
ventures with locals. In the sensitive
services sectors, many developing
countries restrict the operations of
foreign firms in banking, other
financial institutions, media and the
professions.
In Malaysia, for instance, the New
Economic Policy was formulated to
increase the share of Malaysians in
equity ownership in the modern
sectors. The NEP requires that citizens
should own a certain percentage of
shares of companies and restricts the
percentage of equity that foreigners
can own in various sectors. In 1970,
foreigners owned 70 per cent of the
total share equity. Today the share has
fallen to probably about 30 per cent,
whilst the share of the bumiputra
community has risen from two to
BULETIN INGENIEUR
37
around 20 to 30 per cent. There are
regulations that require foreign banks
and insurance companies to
incorporate themselves as local
companies; that restrict the ownership
by foreigners of houses and land; that
limit the scope of operations of
foreign banks; and that protect the
business of local businesses and
professions. It has been argued that
without such “social engineering”
policies, Malaysia would not have
enjoyed the political stability nor the
building up of the domestic sector,
that underlie the country’s socioeconomic development.
There are compelling reasons why
protection of locals in the area of
investment and the right of countries
to regulate foreign investments is
necessary in developing countries:
●
Given the colonial legacy, local
firms and farms are still too weak
in many sectors to compete with
large foreign firms. Giving total
access to foreign investments
would put many local enterprises
out of business, leading to loss of
jobs and livelihoods.
●
To retain a meaningful measure of
sovereignty over national
resources and economic activity )
a principle affirmed by several UN
Charters and Declarations),
developing countries require the
right to limit the degree of foreign
ownership overall and particularly
in crucial resources (such as land)
and sectors (such as finance).
●
To avoid a structural problem in
the balance of payments,
governments should have the
ability to regulate foreign
investments in such areas as
equity share (so that some of the
profits will be locally owned and
retained), profit repatriation (so
that there is sizeable reinvestment
of profit) and import limitation (to
prevent excessive import of capital
and intermediate goods)
●
To develop local enterprises
(including small farmers),
governments must have the right
to promote growth through
feature
WTO’s principles and its system of
dispute settlement (including the use
of trade sanctions and trade
retaliation) to investment policy.
The acceptance of such a MIA
would have the most profound effects
on the behaviour, operations and
effects of foreign investments
worldwide, and on each country.
Transnational companies would have
the greatest freedom and rights to
conduct business all over the world,
free from many government
regulations they now face. On the
reverse side, it would mean that
governments would no longer have
the right or the power to draw up their
own basic policies or laws regulating
the entry, behaviour and operations
of foreign enterprises in their
economies. Existing national laws and
policies that place restrictions on
foreigners would have to be cancelled
or altered to fit the new multilateral
investment treaty.
This would of course have serious
implications since most developing
countries now have policies that
deliberately seek to promote domestic
companies and to protect citizens
from excessive control of the
economy by foreign firms.
The MIA proposal attracted a
negative response from the
international NGO community. A
joint NGO statement signed by over
200 groups stated: “Such a proposal
would abolish the power and
legitimate right of states and people
to regulate the entry, conditions,
behaviour and operations of foreign
companies and foreigners in their
country. This is a prime and
fundamental sovereign right which is
essential for any country to determine
its own economic and social policies.
This is a precious right which is
especially vital for developing
countries to protect. This is because
the domestic sector (comprising local
firms, local farms and the public
sector) has been weakened through
colonialism and still requires a longer
period of capacity building.
“The ability to regulate foreign
companies as part of economic policy
is obviously crucial to enable
domestic capacity building which
would eventually allow local
feature
subsidies or preferential policies,
at least until such time when they
can compete on more equal terms
with the larger foreign firms.
Removing the right to treat locals
more favourably could well
foreclose the possibility of
domestic enterprise development
and perpetuate or worsen
dependence on foreign firms.
●
The proposed treaty would also
remove from governments the use
of a key instrument of
macroeconomic, financial and
development management.
An additional reason to be wary
of having an MIA process in the WTO
is that the WTO is an agency in which
trade retaliation or sanctions can be
applied against countries that do not
live up to their obligations.
The proposed MIA would have the
most serious implications for
countries which have found it
necessary to regulate foreign
investments and to promote the
growth of local firms. “Trade and
investment” is therefore not a
“technical trade issue” that can be left
to trade officials on the negotiating
field alone to handle. It is primarily
an issue with great economic, social
and political significance as it will
have such an important bearing on
economic sovereignty, ownership
patterns, the survival of local
enterprises, business and farms,
employment prospects as well as
social and cultural life.
The MIA proponents argue such
rules are the best way to promote the
entry of foreign investments into the
South. Most developing countries
indeed are trying their best to attract
foreign investors. The issue, however,
is not the desirability or otherwise of
foreign investments. It is about the
right of governments and peoples to
choose the pattern and ownership of
investments they want for their
countries, and in that context, the
type of foreign investment they
welcome, in which sector, and under
what conditions. The power to
regulate foreign investment, to obtain
better terms and benefits from them,
and the right to enact policies to aid
the weaker local firms is essential to
any country that wants to have a
critical minimal degree of control over
its economy and social life.
It should come as no surprise why
the industrialised countries are
putting great efforts and pressure on
this issue. They would like their
companies to operate much more
freely in developing countries and
thus are asking that current
restrictions and regulations be
removed. Gaining access to the
resources and markets of the South,
and to the right to invest and operate
in the developing countries has been
a major strategic objective of the
governments and companies of the
North.
It was this objective that largely
prompted the takeover of the Third
World’s territories in the colonial era.
The Opium Wars in China for instance
were sparked by British insistence on
the right to sell opium to China. This
led to the progressive opening up of
China not only to trade but to
investment rights to imperial powers
and to loss of territory, for instance,
Hong Kong. The Chinese termed the
“peace agreements” of the Opium
Wars as the “unequal treaties.”
It was the need to recapture
control over resources and to have
national policies in favour of domestic
rather than foreign interests that
spurred the anti-colonial struggles
that finally led most colonies to win
independence. It would thus be a great
irony if the ex-colonial master
countries were to succeed yet again
to gain rights for their companies to
establish themselves and dominate the
economies of the former colonies, this
time not through military conquest
but through the device of a treaty to
be agreed to by all parties. This would
be the modern version of the “unequal
treaties” with possibly the same
disastrous effects on many countries.
For it is likely that if governments
are not allowed the powers to impose
regulations on foreign companies or
to give a helping hand to domestic
companies, then the bigger foreign
firms will overcome the local ones and
win an increasing share of the
domestic as well as international
markets. The irony would be all the
BULETIN INGENIEUR
38
greater should developing countries
agree to such rules without clearly
understanding their full significance.
Meanwhile, on a separate track,
the industrial countries are also
having their own negotiations on an
investment treaty (the MAI) within the
OECD. The major features of the MAI
are similar to the EC proposal on the
MIA. The U.S. is reported to prefer
the OECD as a forum for a stricter
investment regime can be attained
there. An OECD investment treaty (the
MAI) could then be opened up to other
countries. The EC is said to prefer the
WTO forum. One reason for this is its
belief that the WTO’s dispute
settlement system would give the
treaty “credibility.”
The OECD will complete its MAI
(mulitlateral
agreement
on
investment) by May 1997, upon
which it will open the MAI for other
countries to sign on. Although some
developing countries can be expected
to be pressurised to sign on, nonOECD countries are of course not
obliged to join an MAI negotiated
solely by the OECD countries. the
imminent emergence of an OECD MAI
should not be grounds for countries
to agree that the WTO negotiate a
similar issue. In fact this would set a
dangerous precedent. In future, the
OECD countries can again negotiate
other issues among themselves (such
as labour standards, human rights,
corruption, etc.) and then again put
pressure on WTO members to also
start working groups on the same
issues.
Seeing that there is growing
resistance to initiate negotiations on
a MIA in the latter part of 1996, the
MIA proponents watered down their
proposal to being an “educative
process” in the WTO with no
commitment that be negotiations for
an agreement. At the WTO Ministerial
Conference in December 1996, this
was accepted and a working group
has been created to examine the trade
investment relationship without any
obligation that this would lead to
negotiations for an investment
agreement.
Based on the recent record of
negotiations on new issues in the
Uruguay Round, there is a strong
The Singapore WTO Ministerial
Conference
(a) The Preparatory Process
The WTO’s first Ministerial
Conference was meant to be a “review
conference” in which members were
supposed to review the Uruguay
Round results three years after its
conclusion and to enable members
(especially the developing countries)
to bring up problems they face in
implementing their Uruguay Round
obligations.
However, it was clear during the
preparatory process that review and
implementation was low on the
priority of developed countries. They
wanted to use the conference to give
the WTO a major push in widening
further the scope of issues under its
jurisdiction and to give further
impetus to global liberalisation. They
put forward new issues which they
wanted the ministers to endorse as the
basis for new working groups and a
work programme for the next few
years. These new issues were trade
and labour standards, trade and
investment, trade and competition
policy, and transparency in
government procurement.
In the preparatory process held
mainly in Geneva but also at several
informal seminars and meetings
around the world organised by
individual countries, developing
countries generally argued that they
were against new issues being
introduced at this stage in the WTO
as they were already finding it a great
strain to adjust to the Uruguay Round
agreements which require major
changes to many domestic laws and
policies. They had little resources left
over to take on new issues on the
trade agenda, especially since these
can have such significant effects on
their economies. They argues that a
discussion on yet more new issues
would divert their resources and the
conference away from the tasks of
review and implementation.
Several developing countries also
argued against the principle or timing
of letting the new issues into the WTO.
On labour standards, there was
general agreement by developing
countries that the issue did not belong
to the WTO and should be left to the
ILO to handle. They saw labour
standards as a social issue that did
not belong to the trading system. They
also viewed the attempt to link labour
standards to the WTO as a move by
the North to eventually increase
labour costs in their countries,
depriving them of their main
comparative advantage.
On investment, many developing
countries were strongly against the
introduction of an MIA in the WTO.
They argues that investment policy
per se was not within the purview of
the WTO and that the relevant aspect
of investment (trade-related
BULETIN INGENIEUR
39
investment measures) were already
covered in the TRIMs Agreement.
They viewed the MIA as a threat to
sovereignty; depriving states of the
ability to regulate foreign
investments, as being one-sided in
giving rights to foreign investors
without their having to meet
obligations to the host country; and
as over emphasising the trade
liberalisation element whilst totally
ignoring the development dimension
of the investment policy.
When the MIA proponents
switched to proposing setting up a
working group only to study the trade
investment relationship, several
developing countries concluded they
could go along with this as a
compromise. Several other developing
countries, however, opposed
beginning a discussion process in the
WTO, proposing instead that a
discussion would be better be done
at UNCTAD where all aspects of the
issue could be considered in an
atmosphere devoid of the possibility
of a binding agreement.
On competition policy and
government procurement, several
developing countries (similar to the
ones objecting to an investment study
process) also voiced opposition to
beginning a work programme on
these issues as they had no time yet
to study the implications of bringing
them into the WTO. There was also
concern that the objective of the
major countries was to use these
issues to further open up developing
countries’ markets for the TNCs.
(b) The Untransparent Process
at Singapore
At the Singapore Conference,
many ministers and officials from
developing countries were surprised
and expressed frustration at the way
the conference was organised and its
decision-making process which
reflected the normal untransparent
way of functioning of the WTO
system in Geneva. At the conference,
all ministers were allocated time to
make speeches at the open plenary
meetings. But most developing
countries were never even invited to
the real discussions on issues where
feature
possibility that once an issue is
accepted as within the competence of
the WTO even for an educative
process, there will be strong pressures
that this would proceed into
negotiations and a treaty. The
pressures within the WTO towards
rule making make the WTO an
unsuitable forum for an “educative
process” since there would be an
atmosphere of tension, fear and
suspicion.
As some developing countries at
the WTO (and many NGOs) argued, a
more suitable forum for discussion
and an educative process would be
the UN where the issue can be seen
in its many facets (especially the
development dimension) and not only
from the perspective of rule making
and the trading system. At the
UNCTAD-9 Conference in Midrand in
May 1996, UNCTAD was given the
mandate to discuss the issue of trade
and investment and the implications
of a MIA, at intergovernmental level.
Thus, for the next few years,
discussions and an educative process
could take place at this forum. Arising
from such a process, the role of the
trading system can be better clarified.
Nevertheless the case against a
study process in the WTO did not
succeed and the working group on
trade and investment will now be
established. Developing countries
have to prepare well for the
forthcoming negotiations or else they
may be overwhelmed by the intense
pressures of the developed countries.
feature
there were disputes; that took place
in “informal groups”. For most of the
conference, their ministers and senior
officials were kept in the dark on what
was going on. “lack of transparency”
was the term most used by delegates,
NGO representatives and journalists
alike to describe the conference’s
manner of operations.
The “open” part of the conference
was the plenary session where Trade
Ministers of 120 countries made
speeches. Those from developing
countries were often articulate in
pointing out their problems in having
to liberalise their economies after the
Uruguay Round agreements which
came into force in January 1995.
Many made the pleas that no new
issues (especially non-trade issues) be
brought into the WTO since they were
still unable to cope with the problems
arising from their existing WTO
obligations. But embarrassingly
enough, the ministers were speaking
to an increasingly emptier hall. There
were no discussions at all on their
speeches and thus no opportunity to
seek solutions to the problems raised.
Meanwhile the “real” negotiations
of key issues had gone “underground”
in many informal meetings to which
only 20 to 30 selected countries were
invited by the conference chairman,
Singapore Trade Minister Yeo Cheow
Tong and WTO director-general
Renato Ruggiero. The informal group
negotiated whether and how the
Northern proposals on labour
standards and the new issues could
be brought into the Conference’s
Ministerial Declaration.
The untransparent decisionmaking process in which the real
negotiations took place within a
closed-door “informal group”, in
contrast with the formal appearance
of decision by consensus, enabled the
minority of rich countries to more
easily have their way over the
majority. Because the ratio of Northto-South countries in the informal
group was more to the favour of the
North than if the meeting were to
involve all members, the Northern
countries were much more able to put
pressure on the developing countries
present to give in. In contrast,
discussions are normally held in an
open forum in the United Nations and
its conferences.
Meanwhile, the majority of
developing countries were shut out
of the negotiating process and their
ministers, ambassadors and senior
officials were left hanging out in the
corridors or in the lounges in the dark
as to what was happening. Indeed,
some journalists and NGOs knew
more than the delegates. The Trade
Minister of an in important
developing country that was not
invited to the informal meetings was
shocked to learn from an NGO of his
country that the text being discussed
on the key issue of investment was
very different from what his country
had in mind and from what he had
been told was on the table.
Many delegates private expressed
their frustration at being left out of
the process and being expected to
merely “rubber stamp” whatever
agreement of declaration emerged
from the closed doors.
It was only on the night before
the conference’s closing that all the
WTO delegations were called together
and provided copies of some pages
of texts on the controversial issues
that the informal groups had pieced
together after long negotiations. At
that meeting, many of the delegations
that had been left out complained
about the lack of transparency at the
conference. The conference chairman
and the WTO director-general
acknowledged their complaints and
promised that the WTO would be more
transparent
but
“without
compromising efficiency” and asked
the members to give their approval
to the texts.
At such a late stage, it would have
been difficult, if not impossible, for
anyone who had not been in the
process, to make objections for then
that country would be accused of
preventing a consensus and of
wrecking the whole conference. “Our
job was simply to say yes and give
the stamp of approval to something
we did not know and could not
participate in,” a senior diplomat said
privately. “Although many of us in
the developing countries are unhappy
with the way the meeting was run and
also with the results which have
BULETIN INGENIEUR
40
benefited the developed countries
more than us, we had no choice but
to put on a brave front and join the
consensus.”
The “informal group” system of
negotiations used at the Singapore
Conference is an extension of the way
the WTO operates as a matter of
routine in Geneva. What the
conference did was to expose to the
international press, to NGOs and to
the ministers themselves how
untransparent and to the
disadvantage of developing countries
is this WTO system of operating.
Before the Singapore Conference,
many developing countries had
already registered their frustration at
the untransparent and undemocratic
manner by which the preparatory
process for the Ministerial Conference
was being conducted and, in
particular, the so-called HOD or heads
of delegation informal process, led by
the Director-General, for determining
the new issues and the draft
declaration.
At Singapore itself, that
dissatisfaction increased manifold and
extended from the Geneva diplomats
to ministers, other members of the
delegations, the NGOs and the media.
Even if the ministers and their officials
confined most of their grumbling in
private, journalists from many
countries filed reports on the lack of
transparency and the marginalisation
of developing countries that they had
witnessed. At a closing press
conference on Friday afternoon, many
questions were asked of Yeo and
Ruggiero about the complaints of lack
of transparency and what could be
done to change the WTO’s image of
being a “rich men’s club”. The NGOs
present in Singapore were also very
disappointed and negative about the
process and outcome of the
conference. A ver wide range of NGOs,
from development groups like Third
World Network and Oxfam, to
environment groups like Greenpeace,
Friends of the Earth and World Wide
Fund for Nature, to consumer groups
like Consumer International and
several trade unions condemned the
whole process as well as the
substantive outcome of the
conference. BEM
feature
The Bridge Builders –
Marvels Of Engineering
By Dato’ Ir. Low Keng Kok, Soh Wan Heng and Lee Swee Kin, Road Builder (M) Sdn Bhd
T
There are now more than 10,000
he secrets of a bridge’s design
are not to be found in its girders bridges in Malaysia of various sizes
and trusses, its pylons or its and forms, out of which
towers, but in the empty space below. approximately 2,500 are located on
The more severe the terrain it has to federal roads. They include steel,
cross, the fewer options remain open concrete and a number of preto its designers and builders.
Mundane obstacles make for
boring and formulaic spans but
terrible difficulties have inspired
engineers to create great bridges.
The statement sums perfectly the
desire and achievements of
humankind throughout the ages to
discover new technologies to
enable impossible bridge crossings
becoming possible. However, they
are also reminded that there are
limits to the art of bridge building
more perilous than those
governing almost any other branch
of engineering, and that each new
structure invades a hostile
environment as it arches into
nothingness and seeks to impose
the will of its designer and builder Penang Bridge, Penang (1985)
on that of a resistant nature.
Similarly in Malaysia, then known independence wooden and masonry
as Malaya, the construction of early bridges. One of the great milestones
roads and bridges was a necessity to of bridge engineering in Malaysia was
facilitate the movements of people the opening of the Penang Bridge in
and goods. The early commercial 1985, a 13.5km marine concrete road
roads built such as the one from bridge built with a cable stayed main
Kamunting to Teluk Kertang, Perak span of 225m. It bridged the island of
and subsequently the building of Penang and the peninsular which
railways by the British
throughout Malaya and Borneo,
beginning with the 8-mile
Taiping Port Weld line which
opened in 1885, led to the
demand and development of
bridges in the country. The early
bridges were mainly made of
steel in the form of trusses,
arches and beams, which was a
subsequent product out of the
18th century Industrial Age in
Sri Saujana Bridge, Putrajaya (2002)
England.
BULETIN INGENIEUR
42
used to be serviced by ferries. It was
then the third longest bridge in the
world and was adjudged worthy of a
Grand Award by the Consulting
Engineers of Washington in their
Engineering Excellence Awards
Competition in 1986.
Another breakthrough in
modern bridge construction in
Malaysia came in 2002 with the
opening of the longest span cable
stayed bridge in Malaysia, the Sri
Saujana road bridge in the new
Malaysian
Government
Administrative Centre of
Putrajaya. It has a main span of
300m supported mainly by stayed
cables with a hybrid graceful
tubular steel arch of similar span
that rises up to 40m above deck
level. It is indeed an elegant
structure built to frame the serene
environment of the Putrajaya Lake.
Not ever since the early 19 th
century Isambard Kingdom
Brunel’s Royal Albert hybrid steel
tied arch and suspension rail
bridge in England has ever a structure
been attempted in modern times. The
Sri Saujana Bridge won the Institution
of Engineers Malaysia Outstanding
Achievement Award in 2003. It also
shared the distinction of having being
built by a local Malaysian Contractor
of which the authors’ organisation has
the honours to share.
Although Malaysia does not
have a long history of bridge
construction unlike the earlier
world civilisations such as the
Mesopotamians and Romans, this
fact does not stop the
development of new innovative
bridge designs and construction
techniques being adopted in the
country. As we trace back the
world’s
earlier
bridge
development history and its
Royal Albert Hybrid Rail Bridge, Saltash England (1859)
relevance to our own bridges built in
the country, an appreciation and
understanding of important
technology milestones is essential to
further carry forward our aspirations
to be one of the respected league
members of key bridge builders of
the world.
Most of the modern world
bridges are solutions born from the
18th century Industrial Revolution in
Europe. Even then, the great
contribution of the predecessors of
the Industrial Age cannot be ignored
for it was the desire of mankind
throughout the centuries to bridge
continents, their historical records
and monuments that were kept and
that have survived until today, had
led to the revolution of technologies
in the 18th century. From the early
post and lintel schemes to the rope
suspension techniques still being
used today in South America and
Asia and finally to the arched bridges
which have been the most favourable
solution to the many bridge
construction problems of our
predecessors world, many lessons
and problems that the ancients
struggled to overcome can still be
learned by today’s modern bridge
designers and builders.
Not to forget, the lessons that can
be learnt from the disastrous accidents
that have occurred throughout the
centuries of bridge building in order
not to have history repeating itself.
Ponte St Angelo,Rome (143 AD)
BULETIN INGENIEUR
43
As mentioned above, masonry
arches, as a form of bridge whether
they are of corbelled or voussoir
types, have been used for centuries
even until today. It was a popular
form of bridge from as early as the
Mesopotamian era. It was perfected
by the Romans in the construction of
many spectacular long-lived
structures. Surviving Roman bridges
such as the Ponte St Angelo are still
standing and still carrying traffic over
the River Tiber into the centre of
Rome almost 2,000 years after its
completion. All of them testify to the
strength of a well constructed arch
with only simple principles for the
semi circular arch form, the loads
borne by the bridge are directed out
and down onto solid foundations
without any outward thrust on the
piers, while the stones that form the
arch are compressed, adding stability
and minimising any risk of collapse.
However, as the arch span increases,
its height must also rise to retain its
strength, giving rise to problems in
the later years when a levelled
roadway is required.
It was not until the 12th century
in Europe and probably the 7 th
century in China that the use of a
segmental arch of a circle instead of
a semi circle for the arch bridge had
enabled a lower ratio in bridge rise
to span to be used, which thus also
meant a lower, more practical bridge.
The Pont d’Avignon bridge in France,
built in the 12 th century, bears
testimony until today the aesthetics
of many masonry arch bridges to
follow. However, the arch thrusts
now present in a segmental arch was
then not well understood, and piers
were massive to counter such forces.
As a result, piers often blocked
waterways.
It took until the 18th century for
Pont de Neuilly masonry arch bridge,
also in France, to be designed by Jean
Rodolphe Perronet. Some accredited
him as the father of modern bridge
engineering. He was the first director
of the Corps des Ponts et Chaussees,
feature
Masonry Arch Bridges
feature
Paris, the first school of engineering
in the world. He made a simple but
important discovery that the thrust of
arches was carried through the arch
spans and the piers carry only the
vertical load if the spans are similar,
resulting in thinner piers that reduced
waterway blockage and pier scour. His
pier width to span ratio were daring
up to 1 in 12 as compared with 1 in 5
in his days. With France under the
inspired leadership of Perronet, the
rest of Europe could only admire and
copy these great advances in bridge
building. It was even quoted today
that even with modern analysis, we
could not further refine Perronet’s
design.
The Iron Age (Iron Arch And
Suspension Bridges)
Iron was used as a material for
bridge construction during the
Industrial Revolution in the late 18th
century to replace masonry.
The first cast iron arch bridge was
built in Coalbrookdale, England as an
arch structure in 1779. Later, Thomas
Telford revolutionised the use of cast
iron/wrought iron as a popular
material for arch bridges when he
fully expressed its potential in 1796,
by building the Buildwas bridge
using only half the weight of cast
iron of the Coalbrookdale. From then
on, iron began to replace masonry
arches as the choice material for
bridges.
Wrought iron was further
expanded into other bridge forms
such as the suspension bridge in the
19 th century. The earlier notable
suspension bridges such as the Chain
Bridge by James Findlay over the
Potomac in Washington and Menai
Straits Bridge by Thomas Telford in
England were early technological
pioneers for increasing bridge spans.
Later in the mid 19 th century,
wrought iron wire cables were used
instead of wrought iron chains. The
first such suspension bridge is the
Fribourg Bridge in Switzerland with
a span doubling that of the earlier
Telford’s Menai Straits Bridge.
Menai Straits Suspension Bridge, Wales
(1826) / 176 m suspended span
Iron Truss Bridges
Truss bridges had been used for
centuries even before the Industrial
Revolution in the 18th century. It
was during the Renaissance Age
when the truss system was
introduced. Its popularity as a
bridge form was limited due to the
use of timber as a material. It was
only in the 19th century during the
Railway Ages in England and
America, where many bridges were
required to be built in a fast and
economical way that the truss was
fully exploited as the choice bridge
form.
The iron bridges were eventually
phased out as many iron bridges
suffered some of the worst failures
and disasters in the history of bridge
building, as the material is rather
brittle. The historical collapse of the
Tay Bridge in Scotland in the late
19th century marked the end of iron
bridge era.
Steel Arch And Truss Bridges
Cast Iron Arch Bridge, Coalbrookdale, England (1779) / 30.5m arch span
Due to the many failures of iron
bridges, steel was the natural
replacement material for bridges
when the process of bulk steel
production was perfected in the late
19th century. Steel opened the door
to tremendous advances in long
span bridge building technology.
The first bridges to exploit this new
material were in America, in the
steel arch and steel truss form.
Buildwas Cast Iron Bridge, Coalbrookdale, England (1796) / 30.5m arch span
BULETIN INGENIEUR
44
Concrete Bridges
St Louis Steel Arch Bridge, Mississippi (1874) / 158.5m spans
The first steel arch bridge was the
St. Louis Bridge over the Mississippi
river built in 1874, enabling long span
crossings to be built economically.
The economics of steel and its
inherent strength led further to the
development of cantilever steel
trusses as an alternative to suspension
bridges where long spans are required.
The first of such bridges were the
Fraser River Bridge in Canada and the
famous rail bridge over the Firth of
Forth in Edinburgh, Scotland built in
late 19th century.
Apart from trusses, the steel was
also used to construct other bridge
forms for relatively short span road
and rail bridges. They were built
using a group of beams in parallel and
are connected at the top to form a
roadway. These bridges were quick
and easy to assemble. However, they
were not efficient for longer spans
where the more rigid hollow box form
was a better solution. The hollow box
girder form was earlier recognised in
the Robert Stephenson’s Britannia
Bridge made of rectangular wrought
iron plates in the mid 19th century.
Forth Rail Bridge, Edinburgh (1889) / 521m
spans
In Malaysia, most of the steel
bridges were constructed during the
pre-independence days, especially
during the railway age. These were
mostly either in the form of steel
beams or truss arches.
Concrete was only used as a
material for bridge construction after
the development of steel, as it has to
be reinforced with steel to give its
ductility.
Robert Maillart, a Swiss engineer,
was the key pioneer to build bridges
Sultan Iskandar Bridge, Kuala Kangsar (1932)
Sultan Ahmad Shah Bridge, Temerloh (1974) / 151m spans
BULETIN INGENIEUR
45
feature
One of the earliest steel arch road
bridges in Malaysia is the majestic
1932 Sultan Iskandar Bridge spanning
the Perak River in Kuala Kangsar.
Running parallel is the older KTM
steel arch rail bridge, which however
is due for replacement under KTM’s
expansion plan.
The Sultan Ahmad Shah Bridge,
constructed in 1974 to span the
Pahang River in Temerloh, is one of
the earliest long span twin steel box
girder bridges.
feature
In Malaysia, various bridges have
been constructed using the cast in situ
balanced cantilever method. The
second Malaysian-Singapore crossing
main span, Tanjung Lumpur Bridge in
Kuantan and Santubong Bridge in
Kuching are good recent examples.
However, one of the first cast in situ
concrete box girders to be constructed
in this country is the Sultan Abdullah
Bridge near Jerantut, Pahang with
spans of 115m.
From the cast in situ segmental
construction, the technology was
further evolved into the precast
segmental construction method. One
of the earliest bridges using this
method was the Shelton Bridge (1952)
in New York City where the first
match-cast glued segmental box girder
construction in the world was
developed by Jean Muller with Eugene
Freyssinet.
Zuoz R.C. Bridge, Engadin, Switzerland (1901) / 30m span
Pont Annet P.C. Bridge, Paris (1950) / 73m span
with reinforced concrete in the 20th
century. One of the first reinforced
concrete bridges built by Maillart was
the Zuoz Bridge. Eugene Freyssinet,
Maillart’s contemporary, went on to
discover the art of prestressing and
gave the bridge industry one of the
most efficient methods of bridge
construction. Both these men were
great engineers and champions of
concrete bridges and have set the
trend for future developments in
concrete bridges – precast bridge
beams, concrete arches, and box
girders and segmental cantilever
construction.
In 1945, Freyssinet pioneered the
use of prestressed concrete for the
construction of six single span bridges
in Paris with various 55m to 73m span
beams. This was the beginning of the
acknowledgement of the power of
prestressing in bridges.
Merdeka Concrete Arch Bridge,
Kedah (1957)
Sultan Abdullah Bridge, Jerantut, Pahang, 115m spans
In Malaysia, one of the earliest
concrete bridges is the FR1 Merdeka
Bridge crossing the Sungai Muda in
Kedah. The bridge has 13 spans of
reinforced concrete arch with a total
length of 273m. The original bridge
was built before the Second World
War. It was destroyed during the war
and was reconstructed in 1957.
The next breakthrough in modern
concrete bridge construction is the
cast in situ segmental balanced
cantilever method using travelling
forms. Many bridges with spans in
excess of 75m were constructed in
Europe and since then, it has spread
throughout the world.
BULETIN INGENIEUR
46
In Malaysia, this method was first
used in the construction of the Batang
Kemena Bridge on the Bintulu-Tatau
road, which is part of the Pan Borneo
Highway. This precast segmental
concrete box girder bridge consists of
11 spans with a total length of 457m.
The bridge was completed in 1983, and
was a precursor to the various
segmental construction of precast
segmental box girder concrete bridges
for the STAR LRT, PUTRA LRT, the
Malaysia-Singapore Second Link and
the Ampang elevated highway along
the Klang River. All of these segmental
box girders were launched using
launching gantries.
Batang Kemena Bridge, Sarawak (1983)
In 1998, the first match cast
precast concrete segmental box girder
bridge, launched without travelling
gantries, was introduced for the
Besraya Highway viaduct over the
KL-Seremban Highway in Kuala
Lumpur. This new development led
to a series of similar bridges to be built
economically using this technique in
Malaysia.
Modern Suspension Bridges
With the discovery of steel and
its usage to replace wrought iron
cables in the 19th century, a natural
progression for record breaking
suspension spans were to be
expected.
John Roebling’s pioneering of
steel strand spinning technology and
compact wire strands led to his
record breaking 486m span Brooklyn
Suspension Bridge in 1883 in New
York. Since then, the development
of suspension bridges has progressed
at such a hectic pace with the current
record now standing at 1,988m span
belonging to the Akashi Kaikyo
Suspension Bridge in Japan.
In Malaysia, the suspension
bridge form is scarce with the first
road suspension bridge being the
Sultan Ismail FR8 bridge in Kuala
Krai, Kelantan built in 1945.
Besraya KL-Seremban Highway Viaduct
(1998) Matchcast Precast Segmental Box
Girder launched with mobile cranes
The match casting technique was
further developed and pioneered by
the earlier Besraya viaduct contractor
to be used in other bridge elements
such as the segmental pier cross head
construction in the New Pantai
Expressway.
This new technique enables piers
for viaducts built over existing roads
to be constructed economically
New Pantai
Expressway
Viaduct (2003)
/ Matchcast
Segmental Pier
Head
Akashi Kaikyo Suspension Bridge, Japan (1998)
Sultan Ismail Suspension Bridge, Kuala Krai (1945)
BULETIN INGENIEUR
47
feature
without partial closing of the road
below as compared with the
traditional cast in situ portals or the
hammerhead piers.
The technique is even more
elegant and economical than the
earlier pier cross head construction
which was implemented for the KL
MRRII viaduct across Jalan Ampang
where the cross head was cast along
the road median, then finally rotated
to position (sosrobahu method
developed in Indonesia).
feature
Tatara Cable Stayed Bridge, Japan (1999)
Cable Stayed Bridges
The era of the cable stayed bridge,
developed as an alternative to the
suspension bridge came after World
War Two. Franz Dischinger and Fritz
Leonhardt were the early pioneers of
the modern cable stayed bridge with
the first one the Stromsund Bridge,
being completed in 1955 in Sweden.
Since then, many cable stayed
bridges have been built around the
world. Some notable ones are the
Lake Maracaibo Bridge in Venezuela,
The Sunshine Skyway Bridge, Florida,
USA and the Pont de Normandie in
Brittany, France. The current longest
cable stayed bridge with a main span
of 890m is the Tatara Bridge in Japan.
In Malaysia, the first cable stayed
bridge to be constructed is Yayasan
Sabah Bridge in Kota Kinabalu built
in 1972. It has a total length of
140m with central span of 85m.
The current record in Malaysia
for the longest cable stayed span is
being held by the Sri Saujana Bridge
in Putrajaya at 300m, overtaking the
record held by the Penang Bridge for
17 years in 2002.
Future Trends Of Bridge
Construction In Malaysia
Common since the 1960s,
precast concrete is still the popular
choice of bridge form in Malaysia
for the majority of bridges. The bulk
of the biggest road building
programme in the 1990s, North
South Expressway bridges are of
this form.
Yayasan Sabah Building Cable Stayed Bridge, Kota Kinabalu (1972) / 85m span
BULETIN INGENIEUR
48
As durability is now recognised as
one of the main deterioration factors
in bridges, it is now JKR’s priority to
eliminate the need of as many
expansion joints as possible in bridges,
common among precast girder bridges.
It is now JKR’s requirement for all
bridges that is less than 40m in length
to be designed as integral bridges,
without expansion joints even at
abutments.
Another future trend is the use of
incremental launching as a method of
constructing box girder bridges. This
launching method is useful for
launching bridges over obstacles such
as ravines, busy highways or river/
marine crossings. The first incremental
launched bridge was used at the Sg.
Sitiawan Bridge in Perak in 1997. It
proved to be a good alternative to
using travelling gantries for girder
launching and has now been adopted
in two current bridges under
construction in Bintulu and Sibu,
Sarawak.
In conclusion, bridges are always
built out of need but they function
more than just connecting two points
of land at the ends. The bridge
engineering profession at large is
always looking for new innovative
ways to enable the larger objectives
of mobility enabling and
enhancement to be met by society and
humankind. Bridges will always be
feature
Sri Saujana Cable Stayed Steel Arch Hybrid Bridge, Putrajaya (2002) / 300m span
required to blend in with our natural
environment, built with better
aesthetics, at lower cost, with
appropriate technology and with
many other requirements of an ever
demanding society.
The longest, the tallest, the most
graceful, the lightest are all adjectives
which challenge the minds of
engineers to better the profession
which already had a history of
thousands of years. We end with a
photo of the elegant Millau viaduct
currently under construction in
France with its piers shown partly
hidden in the clouds, an appropriate
corollary to the ambitions of
humankind stated. BEM
Sungai Sitiawan Incremental Launched Box Girder Bridge, Perak (1997)
Millau Viaduct Incremental Launched Cable Stayed Bridge, France (Under Construction)
BULETIN INGENIEUR
49
feature
The Role of Sewage Treatment
in Public Health
Series 2
By Ir Haniffa Hamid & M.Narendran, Malaysian Water Association
W
ater supply and sewerage is a commonly
used phrase. However, in many developing
countries, “water supply” has higher
priority over “sewage treatment”. Although
clean water supply helps improve health condition, sewage
treatment is as important because poor sanitation is the
cause of water contamination, which causes many types
of diseases. If sewage treatment is not appropriate, waterrelated diseases will spread to the human environment.
In this write up, various types of diseases and the
transmission routes are described. The efficiency of sewage
treatment, drainage management, the role of primitive
treatment and public health aspects of wastewater is also
discussed.
HEALTH PROBLEMS RELATED WITH SEWAGE
Diseases Caused by Human Excreta
In human excreta, there are various types of diseases
- causing pathogens whose transmission routes and control
measures are quite different. The main biological
pathogens are virus, bacteria, protozoa and helminthes.
As for transmission routes, there are different types of
contamination from simple faecal-oral contamination,
water-borne route to complicated parasite infections.
Basically, faecal infection can be classified into six
categories as shown in Table I according to epidemiological
features of such diseases.
The transmission routes of above mentioned diseases
are shown in Figure 1. Each disease has its own
transmission cycle from one patient to another, sometimes
with water, soil, vectors or cattle in between. The objective
of sewage treatment is to cut these cycles and prevent
disease transmission. Figure 1 also shows a “sanitary
barrier”, which includes various types of control measures.
For example, the barrier can be “hardware” such as the
provision of water supply and sewage treatment facilities
or chemicals. In areas where costly treatment are not
affordable, “software” such as health education or
community participation is essential to enhance the barrier.
Maintenance of drainage or tertiary wastewater collection
pipes sometimes requires the cooperations of users, which
helps reduce cost.
Water-related Diseases
Water related diseases could be classified into four
types depending on it’s transmission route. For the control
of each type of diseases, sewage treatment plays various
roles. A summary of preventive strategies of water-related
diseases is shown in Table 2.
Type I - Water-borne Diseases
Infections in this category spread through drinking
water/food contaminated by excreta etc. Cholera, typhoid
and ascariasis fall in this category. When sewage is not
properly treated or disinfection is not satisfactory, such
diseases can be spread. From poorly maintained on-site
systems or from open defecation sites, such diseases can
spread through groundwater flow or surface flow. Special
attention should be paid when there is an outbreak of
diarrhoea diseases epidemics because water can
immediately disperse such diseases.
●
Type II -Water-washed Diseases
Diseases in this category are caused by the lack of
proper hygiene due to water scarcity. Example of such
diseases are skin/eye diseases (due to the lack of water to
wash body) or lice/flea borne diseases (due to lack of water
to wash clothes). The main cause of outbreak of diseases
is the absence of water supply systems and clean water
sources and surface/ground is heavily polluted with
wastewater. Sewage system is responsible for the
protection of water resources to control water-washed
diseases.
●
Type III - Water-based Diseases
In this category, water provides the habitat for
intermediate host of parasites. One typical example is
schistosomiasis. This disease is caused by the discharge
of human faeces or urine where there are snails, which
serves as the intermediate host.
The construction of sewage system can prevent this
disease by reducing the contact frequency between men
and snails. Construction of concrete lined drainage will
●
Figure 1. Length and dispersion of transmission cycles of
excreted infection
BULETIN INGENIEUR
50
Category
Infection
I. Active; low infective
dose
Ameviasis
Balatidaiasis
Enterobiasis
Enterovial Infections a
Giadiasis
Hymenolepiasis
Infectious Hepatatis
Rotavirus Infection
Campylobacter infection
Cholera
Pathogenic scherichia
coil infection b
Salmonellosis
Shigellosis
Typhoid
Yersiniosis
Ascariasis
Hookworm infectrion c
Strongyloidiasis
Tricuriasis
II. Active-latent;
medium or high
infection dose;
moderately
persistent; able to
multiply
III. Inactive and
persistent no
intermediate host
IV. Inactive and
persistent; cow or
pigs as intermediate
host
Taeniasis
V. Inactive and
Clonorchiasis
Disphyllobothriasis
persistent; aquatic
intermediate hosts (s) Fascioliasis
Fasciolopsiasis
Gastorodiscoidiasis
Heterophyiasis
Metagonimiasis
Opsthorchiasis
Paraginimiasis
Schistosomiasis
VI. Spread by excreteBancroftion filariasis
related insects
(transmitted by Culex pipiens)
All the infection in I - V able to
be transmitted mechanically by
flies and cockroaches
Environment
transmission focus
Personal Domestic
Major control measure
Personal
Domestic
Water
Crop
Domestic water supply
Health education
Improved housing
Provision of toilets
Treatment of exceta prior to
discharge or reuse
Yard
Field
Crop
Provision of toilets
Treatment of excreta prior to land
application
Yard
Field
Fodder
Provision of toilets
Treatment of excreta prior to land
application
Cooking, meat inspection
Water
Provision of toilets
Treatment of excrete prior to
discharge Control of animal
reservoirs
Control of animal reservoirs
Control of intermediate hosts
Cooking of water plants and fish
Reducing water contact
Various faecally
contaminated sites in
which insects breed
Identification and elimination
Of suitable insect breeding sites
Domestic water supply
Health education
Improved housing
Provision of toilets
a. Includes polio-,echo-, and coxsackie virus infections
b. Includes enterotoxigenic, enteroinvasain , and enterooathogenic E. coil infections
c. Ancylostoma duodenale and Necator americanus
Table 2. Four Types of Water - related Transmission Route and appropriate Preventive Strategies.
Transmission route
Type I - Water-borne
Type II- Water-washed (or water-scarce)
Type III - Water-based
Type IV - Water-related insect vector
1
Preventive Strategies
Improve quality of drinking water
Prevent casual use of unprotected
Increase water quality used
Improve accessibility and reliability of domestic water supply
Improve hygiene
Reduce need for contact with infected water 1
Control snail populations 1
Reduce contamination of surface waters
Improve surface water management
Destroy breeding sites of insects
Reduce need to visit breeding sites
Use mosquito netting
Applies to schistosomiasis only
BULETIN INGENIEUR
51
feature
Table 1. Environmental Classification of Excreted Infections
feature
contribute to control this diseases because the number of
snail hosts will be significantly decreased due to the high
water velocity in the improved drainage.
Type IV - Water-related Vector-borne Diseases
The examples of this category are malaria and filariasis.
Such diseases are transmitted by mosquitoes, which
propagate in water. Provision of good drainage systems
as well as sewer system reduces the number of casual
water pools, which contributes to the control of vectors
such as mosquitoes.
●
TYPES OF SEWAGE CONTAMINATION
Groundwater Contamination and Diseases
As for the primitive sewerage systems such as pour flush
and pit latrines, biological and chemical contamination may
occur when leachate is discharged to the ground. Biological
contamination causes diseases as was already mentioned
in Table 1. Although biological contamination causes acute
and severe illness, the influenced area by an on-site systems
is not wide because the pathogens are trapped among soil
particles and die after certain period. Instead, chemical
contaminant such as nitrate, are accumulated in soil and
remain for a long time. Groundwater which contains large
amount of nitrate may cause blue-baby syndrome when it
is used in melting powdered milk and given to babies.
●
Groundwater Contamination Caused by
On-site Systems
Primitive systems are commonly used in rural areas
where sewage system does not exist. These systems are
quick improvement measure to prevent diseases where
there are open defection practice or unsanitary disposal
facilities such as overhung latrines. However, primitive
sewerage systems become biological/chemical pollution
sources when they discharge poorly treated wastewater
to the environment. Some primitive treatment systems
such as pit latrine or leaching pit discharge liquid into
the groundwater.
The behaviour of lechate from pit latrine differs
depending upon permeability of soil, groundwater level
and flow direction. Well water contamination level is
different according to the depth of groundwater intake
points and the condition of aquifers.
From the above discussion, it can be concluded that
special attention should be paid to the following factors
if on-site sanitation systems and shallow wells are closely
located.
- Distance between on-site sanitation systems and
shallow wells
- Condition of aquifer (confined or unconfined)
- Depth of water intake point from well water
●
Contamination of Surface Water
Sewage treatment without disinfection before
discharge, can be a biological pollution source. Even
though disinfection chamber is equipped, it is often the
case that there is no disinfectant in the chamber. This is
partly because of users’ low interest in the protection of
environment and partly because of low affordability.
●
Centralised Sewage Treatment system also has the risk
of such contamination. In conventional sewage treatment
systems such as activated sludge method, detention time
is not long enough to kill biological pathogens. Therefore,
chemical disinfection becomes a prerequisite to eliminate
the biological pathogens. If maintenance of disinfection
is not enough, it may create health problems.
THE RELATIONS BETWEEN THE ENVIRONMENT AND
PUBLIC HEALTH
Usually the main objective of sewage treatment is the
removal of contaminants to the environment such as BOD,
SS, T-N, T-P etc. and reduces the burden to the
“environment”. However, another important aspect of
sewage treatment is the reduction of pathogenic agents,
which affect “human health”. In areas where water-borne
diseases or infections are prevalent, such health aspects
are far important that the environmental aspects.
Disinfection of pathogenic micro-organisms is done
either by chemicals, temperature or time. In urban areas,
common practice is to use chemicals such as chlorine
compounds disinfectants. This is the most reliable and
less land requiring measure. However, the operation and
maintenance cost for chemical disinfection is high. There
are other disinfection methods using ultraviolet radiation,
ozonation etc. Most of them are costly and not appropriate
in developing countries except special places such as a
tourism complex.
Another way of disinfection is to kill microorganisms
by exposing them to certain high temperature for enough
time to kill them. The relationship between temperature
and dying-off time is shown in Figure 2 (Feachem at al.,
1983). The figure takes into account numerous data taken
in the environment. This figure shows that the vibrio
cholera dies relatively soon at medium temperature but
ascaris eggs are viable for years at normal temperature.
Some pathogens even multiply in the environment if
conditions are specifically good for their multiplication.
This figure is also applicable for sludge treatment such as
anaerobic digestion or composting. If composting is used
as the sludge treatment method, compost pile should be
turned over so that all parts of sludge in the sludge compost
pile should come into the center of the pile where
temperature is high enough to kill pathogenic agents.
In conventional sewage treatment plants, treated
wastewater is normally disinfected with chemical such as
chlorine compounds. However, in developing countries,
willingness to pay is very low for sewage treatment, which
sometimes becomes a barrier to use chemical disinfection
system. In such a case, disinfection should be done
considering temperature and detention time as shown in
Figure 2. If the availability of land allows a long detention
time and the ambient temperature and sunshine strength
around the treatment plant are good enough for the
treatment, chemical disinfecting is not necessary.
The relationship between detention time and removal
efficiency for pathogens are shown in Figure 3 (Shuval,
1990). From the figure, parasite eggs are considered to
settle down within 8-11 days in the ponds. If detention
time in the ponds is long enough, they are almost removed
BULETIN INGENIEUR
52
feature
Figure 2. Influence of Time and Temperature on Selected
Bacterial and Helminthic Pathogens in Excreta and Sludge
(Feachem et al., 1983)
Figure 3. Generalised removal curves for BOD, helminth eggs,
excreted bacteria, and viruses in waste stabilisation ponds at
temperatures above 20c (Shuval, 1990)
Table 3. Recommended microbiological quality guidelines for wastewater use in agriculture (WHO, 1989)
Category
A
B
C
a
b
c
d
e
Reuse
condition
Exposed
group
Irrigation of crops
likely to be eaten
uncooked, sports fields,
public parks d
Irrigation of cereal
crops, industrial crops,
fodder crops, pasture
and trees e
Localized irrigation of
crops in category B if
exposure workers and
the public does not
occur
Workers
consumers,
Public
Intentinal
nematodes b
(arithmetic
mean no. of
eggs per litre c
<1
Faecal coliform
(geometic mean
no. per 100 ml c
Wastewater treatment expected to
achieve the required microbiological
quality
<1000 (d)
Workers
<1
No standard
recommended
None
Not applicable
Not applicable
A series of stabilization ponds
designed to achieve the
microbiological quality indicated, or
equivalent treatment
Retention in stabilization ponds for
8-10 days or equivalent helminth and
faecal coliform removal
Pretreatment as required by the
irrigation technology, but not less
than primary sedimentation
In specific cases, local epidemiological, sociocultural and environmental factors should be taken into account, and the guidelines modified
accordingly.
Ascaris and Trichuris species and hookworms
During and irrigation period
A more stringent guideline ( 200 faecal coliform per 100 ml) is appriate for public laws, such as hotel lawns, with which the public may come
into direct contact.
In the case of fruit trees, irrigartion should cease two weeks before fruit is picked, and no fruit should be picked off the ground. Sprinkler
irrigation should not be used.
and treated wastewater becomes safe parasites. As the
sludge residence time is very long in such ponds, most of
removed helminthes eggs die in the sedimentation in due
course. As for bacteria, considerable decrease in coliform
is achieved through the treatment in the ponds. Normally,
such a long hydraulic/sludge residence time can only be
achieved by waste stabilisation ponds. Treated wastewater
from such ponds can be discharged to the environment
without disinfection. Despite these merits, stabilisation
ponds are not used in areas where enough land is not
available.
In many arid areas, sewage is used in agriculture or
aquaculture without appropriate treatment. However, if
wastewater is not properly treated, it may cause serious
health problems such as the outbreak of diarrhoea diseases
or ascriasis. The risk groups are the workers, such as
farmers and fishermen, and consumers of crops. A
microbiological guideline values recommended by WHO
is typically shown in Table 3 (WHO, 1989).
CONCLUSION
Sewage treatment has two essential roles, first to
protect public health and second to protect the
environment. Trends and history around the world have
shown that the early provisions of sanitary facilities were
mainly health driven. This remains the same in many
current developing and poor countries. The more
developed and rich nations emphasise sewage treatment
more for environmental protection. BEM
BULETIN INGENIEUR
53
engineering nostalgia
Milestones in Malaysian Engineering:
Merdeka Stadium 1957
B U L E T I N I N G E N I E U R 56