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Page 1: Buletin Ingenieur

POLLUTION PREVENTION AND RIVER WATERQUALITY IMPROVEMENT PROGRAMME

ENVIRONMENTAL AUDIT – A PROACTIVE TOOL FORPOLLUTION AND ACCIDENT PREVENTION

HOLISTIC APPROACH TO URBAN STORM-WATERPOLLUTION MANAGEMENT

NEW DRAWING REQUIREMENTS FORWATER SUPPLY LAYOUT PLAN

THE BRIDGE BUILDERS – MARVELS OF ENGINEERING

POLLUTION PREVENTION AND RIVER WATERQUALITY IMPROVEMENT PROGRAMME

ENVIRONMENTAL AUDIT – A PROACTIVE TOOL FORPOLLUTION AND ACCIDENT PREVENTION

HOLISTIC APPROACH TO URBAN STORM-WATERPOLLUTION MANAGEMENT

NEW DRAWING REQUIREMENTS FORWATER SUPPLY LAYOUT PLAN

THE BRIDGE BUILDERS – MARVELS OF ENGINEERING

LEM

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M A L AY S I A

THE BOARD OF ENGINEERS MALAYSIA LEMBAGA JURUTERA MALAYSIA

KDN PP11720/9/2003 ISSN 0128-4347 VOL.23 SEPTEMBER-NOVEMBER 2004 RM10.00

EnvironmentEnvironment

THE BOARD OF ENGINEERS MALAYSIA LEMBAGA JURUTERA MALAYSIA

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B U L E T I N I N G E N I E U R 1

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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

Update

22 New Drawing Requirements For

Water Supply Layout Plan

23 New Regulations Under

Environmental Quality Act 1974

Engineering & Law

24 Supervision: An Overview

Feature

36 The WTO And The South: Implications And

Recent Developments (Part 2)

42 The Bridge Builders – Marvels of Engineering

50 The Role Of Sewage Treatment In

Public Health (Series 2)

Engineering Nostalgia

56 Milestones In Malaysian Engineering:

Merdeka Stadium 1957

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B U L E T I N I N G E N I E U R 2

Members of the Board of Engineers Malaysia(BEM) 2003/2004

PresidentYBhg. Tan Sri Dato’ Ir. Hj Zaini Omar

RegistrarIr. Ashari bin Mohd Yakub

SecretaryIr. Dr. Judin bin Abdul Karim

Members of BEMYBhg. Tan Sri Dato’ Ir. Md Radzi bin Mansor

YBhg. Datuk Ir. Santhakumar SivasubramaniamYBhg. Dato’ Ir. Dr. Hj. Abdul Rashid bin Maidin

YBhg. Datu Ir. Hubert Thian Chong HuiYBhg. Dato’ Ir. Ashok Kumar SharmaYBhg. Datuk Ir. Md Sidek bin AhmadYBhg. Datuk Ir. Hj. Keizrul Abdullah

YBhg. Dato’ Ir. Kok Soo ChonIr. Ho Jin WahIr. Yim Hon Wa

Ir. Prof. Ow Chee ShengIr. Mohd Aman bin Hj Idris

Ir. Hj. Abu Bakar bin Che’ ManIr. Prof. Abang Abdullah bin Abang Ali

Tuan Hj. Basar bin JuraimiAr. Paul Lai Chu

Editorial Board

AdvisorYBhg. Tan Sri Dato’ Ir. Hj Zaini Omar

ChairmanYBhg Datuk Ir. Shanthakumar Sivasubramaniam

EditorIr. Fong Tian Yong

MembersYBhg. Dato’ Ir. Ashok Kumar SharmaIr. Prof. Madya Dr. Eric Goh Kok Hoe

Ir. Prof. Ishak bin Abdul RahmanIr. Prof. Dr. Ruslan HassanIr. Prof. Dr. K. S. Kannan

Ir. Nitchiananthan BalasubramaniamIr. Mustaza bin Hj. SalimIr. Md Amir bin KasimIr. Dr Lee Say ChongIr. Chan Boon TeikIr. Choo Kok Beng

Publication OfficerPn. Nik Kamaliah bt. Nik Abdul Rahman

Assistant Publication OfficerPn. Che Asiah bt. Mohamad Ali

Design and ProductionInforeach Communications Sdn Bhd

Buletin Ingenieur is published by the Board ofEngineers Malaysia (Lembaga Jurutera Malaysia)

and is distributed free of charge to registeredProfessional Engineers.

The statements and opinions expressed in thispublication are those of the writers.

BEM invites all registered engineers to contributearticles or send their views and comments to the

following address:

Publication CommitteeLembaga Jurutera Malaysia,Tingkat 17, Ibu Pejabat JKR

Kompleks Kerja Raya Malaysia,Jalan Sultan Salahuddin

50580 Kuala LumpurTel: 03-2698 0590 Fax: 03-2692 5017

E-mail: [email protected] [email protected] site: http://www.bem.org.my

Advertising/SubscriptionsSubscription Form is on page 54

Advertisement Form is on page 55

Over the past decades, there has been anincreasing awareness and concern for theenvironment and how its deterioration as a result ofimpact from human activities could deplete anddestroy our natural resources as well as seriouslyaffect the quality of human life. Our dependency onnatural resources, whether renewable or non-renewable, results in the continuing degradation ofthe environment. As the exploitation of natural

resources for development is inevitable, the focus has been on a long-term sustainable use of these resources and development withoutpermanent residual impact on the environment. Expanding populationsurgently require more food, water, energy and land and where there arefew 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 itcivil, structural, mechanical or chemical – would run contrary to theaims and objectives of environmental protection and conservation. Mostaspects of engineering would be related to various forms of developmentand construction that would have potentially lasting and damaging impacton the environment and its resources. However, over recent years, thereis growing realisation that engineering not only has a role to play inenvironmental protection but also a responsibility to ensure thatdevelopment does not have long-term serious impact.

It is now realised that engineering design in its various forms indevelopment can greatly assist in alleviating and reducing potentialimpact on the environment, and this is true of most if not all aspects ofengineering. The construction of infrastructure facilities – buildings, roads,bridges, jetties, airports, etc. – all involve the various branches ofengineering - civil and structural, mechanical and electrical. Theseinvolvements can contribute tremendously to carefully thought-outdesigns and specifications that will have a lesser or zero impact on theenvironment without sacrificing or comprising the overall objectives ofdevelopment. Chemical engineering is vital in the design of industrialsystems that optimize the chemical processes without generating toxicwastes; and where toxic wastes are inevitable, in the treatment of suchwastes and pollutants in sewage treatment facilities and landfills, andindustrial emissions. Priorities must be set in order to combineenvironment and development, and in demonstrating the economic valueof an environmental concern. The option of no project or a 100%environmentally sound development is unrealistic and the challenge forengineers at this point in time is to recognise their role and responsibilityin providing technical expertise in balancing benefits and cost indevelopment and in the alternative ways of achieving the desired results.

On that note, it is worthwhile to reiterate that there should be noconflict of interest between the environment and development. Theultimate challenge now is to use engineering to help reduce as well asprovide solutions to environmental issues that arise as a result ofdevelopment.

TAN SRI DATO’ Ir. HJ. ZAINI BIN OMARPresidentBOARD OF ENGINEERS MALAYSIA

KDN PP11720/9/2003 ISSN 0128-4347 VOL. 23 SEPT-NOV 2004

President’s Message

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Editor’s Note

The Environment is apparently a more popular theme among ourcontributors of articles. This interest is understandable given the emphasison this subject by the public and private sectors. At the present time alone,there are several environmentally-related national seminars and activitiesin the capital city.

Given the popularity of this subject, the Publication Committee mayrepeat this theme on a yearly basis as we understand that there are moreissues and policies under study that may be of interest to practicingengineers.

Meanwhile, give a thought to the December issue on ‘FacilityManagement’ as more pages will be added on to bring festive cheer toreaders.

Ir. Fong Tian YongEditor

World Engineers’Convention 2004(WEC 2004)Date: November 2-6, 2004Venue: Shanghai InternationalConvention Centre, Pudong, Shanghai

For further details, please contact IEMSecretariat at 03-7968 4001/4002 [email protected]

vent

Cale

ndar

JURUTERA PERUNDING LCSDN. BHD.

(141864-T)

Mechanical & ElectricalConsulting Engineers

130C, Jalan Thamby Abdullah, Brickfields,G.P.O. Box 12538, 50782 Kuala Lumpur.

Tel: (603) 2274 9900, 2274 9895, 2274 9896Fax: (603) 2274 9909

E-mail: [email protected]

Publication CalendarThe following list is the PublicationCalendar for the year 2004 and 2005.While we normally seek contributionsfrom experts for each special theme, weare also pleased to accept articlesrelevant to themes listed.

Please contact the Editor or thePublication Officer in advance if youwould like to make such contributions orto discuss details and deadlines.

December 2004: FACILITY MANAGEMENTMarch 2005: CONSTRUCTION AND THE LAWJune 2005: ENERGYSeptember 2005: WATERDecember 2005: ENVIRONMENT

Announcement

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Under the EnvironmentalQuality Act (EQA) 1974environment means thephysical factors of the

surroundings of human beingsincluding land, water, atmosphere,climate, sound, odour, taste, thebiological factors of animals andplants and the social factor ofaesthetics.

To date, various water pollutionprevention and abatementregulations had been formulated toprevent and control the discharge ofeffluent from polluting point sources.In combating water pollution andenhancing the quality of our inlandwaters, besides the enforcementactivities carried out in accordancewith the requirement of thosepollution prevention regulations, theDepartment of Environment (DOE)also monitors the quality of the riverwater. The river water monitoringprogramme was initiated in 1978,with the initial aim of establishingwater quality baselines, andsubsequently to detect water qualitychanges and to identify the causesof pollution. Out of the 189 rivers inthe country 120 river systems werechosen to be included in thisprogramme based on their beneficialuses and economic importance. Atotal of 926 river water qualitymonitoring stations were establishedwithin these 120 river basins. Theappraisal of the water quality in eachriver basin is based on the WaterQuality Index (WQI) consisting ofparameters 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 asshown in Figure 1. The number ofpolluted rivers was observed to beincreasing from seven in 1990 to 13 in1999 while the number of clean rivershad decreased from 48 in 1990 to 35 in1999. Results of the analysis showedthat the deterioration of river waterquality in the country was due mainlyto discharges of sewage and domesticwaste water; animal farming; landclearing and earthworks; agriculturaland manufacturing activities. Domesticwaste water; surface runoff from urbanareas; discharges from restaurant, wetmarkets and food courts; pollution fromagricultural and land clearing activities;suspended solids and silts fromearthwork and sand mining are themain non-point polluting sources(NPS).

This deteriorating trend of riverwater quality had prompted DOE tolook into more effective means ofimproving them in a holistic mannerso as to sustain their beneficial uses.Programmes to speed up theimprovement of water quality forpolluted rivers were then initiated.Systematic and progressive measuresneed to be done in order to enhancethe river water quality to a cleanstatus or to achieve at least the ClassII level.

Pollution Prevention andRiver Water QualityImprovement Programme

A programme known as thePollution Prevention and River WaterQuality Improvement Programme wasinitiated with a view to rehabilitaterivers with serious pollution problemsto ultimately meet its beneficial uses.

By Hajah Rosnani Ibarahim, Director General of Environment,Lee Choong Min, Director, River Division, DOE

Pollution Prevention AndRiver Water QualityImprovement Programme

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BEM

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enhancement of water quality and theriver system for beneficial uses suchas water supply, recreational andtourism products are to be formulated.Thirdly, the accepted action plans willthen be presented to variousresponsible agencies for fundingapplication and allocation forimplementation and finally theoperational and maintenance plans toensure conservation andsustainability of the achieved waterquality.

Findings of the studies carried outon Sungai Segget, Sungai Tebrau, andSungai Langat Basins clearlyidentified that sewage remains as themain single source of pollution interm of organic pollution loads. Non-point pollution sources and industriesare other major contributors topollution of Sungai Langat. Thesefindings led to the assumption that asimilar trend may occur for manyother river basins of similar land usewithin their catchment areas.

The action plans for pollutionprevention and river water qualityimprovement of Sungai Langat,Sungai Segget and Sungai Tebrauhave been completed in the year 2002.Among the measures proposed in theAction Plans included: industrialpollution control measures;upgrading of existing large sewagetreatment plants; building newmodern mechanical treatment plantsto cater for the increasing number ofpopulation; in-stream measuresinclude gross pollutant traps (GPTs)

placed at strategic locations to arrestfloating solid waste prior to dischargeinto rivers; legal and institutionalmeasures; as well as environmentalawareness campaigns.

Conclusion

The effectiveness of the RiverPollution Prevention and WaterQuality Improvement Programme inall the selected river basins throughintensification of enforcementactivities, particularly on sewagetreatment facilities and industrialsources, to ensure compliance withthe stipulated discharge standardssupported by public awarenesscampaigns has resulted in theincrease in the number of clean riverssince the implementation of theprogramme in the year 2001 asshown in Figure 1. With further closeco-operation and concerted effortsamong the implementing agenciesand the general public, we canprevent river pollution and improveits water quality and provide asignificant contribution towardsprotecting one of our vital naturalresources. The industries also needto play their roles in carrying outefficient management and put inplace appropriate measures toprevent and minimize pollution ofthe rivers. This integrated effort isof vital importance for water can actas a limiting factor in the pursuit ofsustainable development if it is notproperly managed.

Among the key objectives of thisProgramme are:

(i) To identify all the point sourcesand non-point sources ofpollution in the subject riverbasin and to determine thepollution loads and their impacton water quality of that river;

(ii) To prepare and to implementplans of action for therehabilitation and improvementof river water quality from thepolluted/slightly pollutedcategory to clean categoryaccording to the water qualityclassification for purposes ofpotable water supply, recreationalactivities and tourism; and

(iii) To conserve and continuouslymaintain the clean status of riverwater quality after therehabilitation and qualityimprovement works have beencompleted.

A total of 26 river basins as shownin Figure 2 were identified; six riverswere initially selected for detailedfeasibility studies in the rehabilitationprogramme.

The six river basins are SungaiLangat, Sungai Segget, SungaiTebrau, Sungai Melaka, BatangRajang and river systems in CameronHighlands. Studies for the SungaiLangat, Sungai Segget and SungaiTebrau Basins have been completedin 2003. The study on Sungai Melakacommenced in 2003 and will becompleted in 2004. while studies onrivers in Cameron Highlands andBatang Rajang Basins began in early2004 and will be completed in 2005.

For the other remaining 20 riverbasins, DOE continues to embark onits enforcement and awarenessprogrammes.

Formulation of Action Plans

The Pollution Prevention andRiver Water Quality ImprovementProgramme has four stages ofactivities. Firstly is the detail studyof the river basin in terms of pollutionsources and impact on the quality ofthe water in the basin. Secondly,based on the findings of the studyaction plans to reduce, prevent andabate pollution; action plans for

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Environmental Audit –A Proactive Tool For PollutionAnd Accident PreventionBy Ir. Dr. Chong Hock Guan, CEO and Principal Consultant, GMP Environmental Consultants

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With many environmentalaccidents happening thesedays, we should be more

proactive to find ways to preventaccidents. One of the ways is theeffective use of environmental auditsto regularly check an organisation’senvironmental management andpractices.

Most engineers know the word“Environmental Audit”, but not manyknow its importance and benefits.Some have a misconception thatenvironmental audit is a fault-findingexercise and a waste of time. Coupledwith inexperienced auditors with poorunderstanding and application ofaudit methodology, manyenvironmental audits are conductedin a sub-standard manner, merely tosatisfy the needs of certification orcontractual requirements.

Concepts Of Environmental Audit

Contrary to what most peoplebelieve, environmental audit isactually fact-finding work. A properand systematic environmental auditwill definitely yield benefits, andsome of these benefits include:

● Highlight positive efforts made inenvironmental performance

● Identify potential environmentalaccidents

● Initiate corrective and preventiveaction to avoid accidents anddisasters

● Ensure compliance withenvironmental 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 theworkforce

● Demonstrate managementcommitment to environmentalcontrol

● Improve the working environment– making the place safer andhealthier

● Encourage “self-regulation”- thusreduce the burden of enforcement

So, what is “environmental audit’?

Environmental audit can bedefined as “a measure ofenvironmental risks, and anassessment of environmentalopportunities”. The popularmanagement concept – “What getsmeasured, gets done” – is well appliedhere. This means, audit should havemeasurement involved, and audittools, which can measurequantitatively, will be able to measurethe environmental performanceeffectively.

Legal Requirements

The Environmental Quality Act(EQA) 1974 of Malaysia specifiesrequirements on environmental audit;as contained in Section 33AEnvironmental Audit noted below:

(1) The Director General may requirethe owner or occupier of any vehicle,ship or premises, irrespective ofwhether the vehicle, ship or premisesare prescribed under Section 18 orotherwise, to carry out environmentalaudit and to submit an audit reportin the manner as may be prescribedby the Minister by regulations madeunder this Act.

(2) For the purpose of carrying outan environmental audit and to submit

a report thereof, the owner or occupierso directed shall appoint qualifiedpersonnel who are registered undersubsection (3).

(3) For the purpose of this section,the Director General shall maintain alist of qualified personnel who maycarry out any environmental auditand submit a report thereof.

In addition, Section 51 of the EQA1974 further states:

(1) In addition to and not inderogation of any of the powerscontained in any other provision ofthis Act, the Minister afterconsultation with the Council maymake regulations for or with respectto - (t) regulating environmental auditand the submission of an audit reportand the appointment of qualifiedpersonnel to assist the DirectorGeneral in carrying out anenvironmental audit of any vehicle,ship or premises, irrespective ofwhether the vehicle, ship or premisesare prescribed under section 18 orotherwise, and their manner ofoperation, and prescribing the feeschargeable

Environmental audit in the EQA1974 is defined as “a periodic,systematic, documented and objectiveevaluation’ to determine –(a) the compliance status to

environmental regulatoryrequirements

(b) the environmental managementsystems, and

(c) the overall environmental risk ofthe premises.

It can be interpreted that the Actrequires three types of theenvironmental audit to be donenotably:

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● Compliance Audit● E n v i r o n m e n t a l

Management SystemsAudit

● Risk Audit

As noted below, these arethree of the many othertypes of environmentalaudit.

Types OfEnvironmental Audit

The main types ofenvironmental audit canbe categorised as:

1. Compliance Audit –mainly to check oncompliance with the legalor corporate requirements2. E n v i r o n m e n t a lManagement SystemsAudit – The InternationalStandard, ISO 14001E n v i r o n m e n t a lManagement Systems-Specification withguidance for use specifiesclearly such arequirement. This auditchecks the wholemanagement system withregards to therequirements of ISO14001 Standard. Figure1 shows the ISO 14001 EMS model.3. Risk Audit – This type of auditevaluates the level of environmentalrisks with regards to the operation andactivities in such organisation.4. Due Diligence Audit – This isused by organisations or banks toevaluate environmental conditionswhen dealing with merging,acquisition or divestment ofproperties.5. Environmental ImpairmentLiability Audit – an essential pre-requisite for organisations to obtaininsurance to cover the liabilityresulting from environmentalpollution and impact.6. Environmental Marketing Audit– such an audit is used byorganisations to check that theirproducts are in conformance withconsumer and legislativerequirements.

7. Energy Audit – Since energyproduction involves natural resources,this type of audit covers the collection,analysis and interpretation of energyaudit. The results are cost savings andefficient use of energy.8. Certification Audit – Thisinvolves assessment against an agreedstandard prior to issuance of certificate.9. Environmental PerformanceAudit – checks on environmentalperformance, including continualimprovement in reducingenvironmental pollution.10. Audit on Contractors andSuppliers – examines theenvironmental activities of itscontractors and suppliers, in particular,in reference to their compliance toenvironmental legislation andstandards.11. Product Audit – This usuallychecks the product life-cycle, from

conception to final disposal, to ensureall processes and raw materials usedare in-line with environmentalrequirements.12. Cleaner Production Audit – Alsocalled Waste Minimization Audit. Thisaudit finds the processes involved inreducing and eliminating the use oftoxic chemicals, which aims to resultin less pollution and toxic wastesproduced.

As there are many types ofenvironmental audit, everyorganisation has to be clear on andspecific which type of environmentalaudit it needs.

Systematic EnvironmentalAudit Methodology

A systematic environmental auditconsists of three main stages:

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AuditFindings

SiteInspection

DocumentReview

Verification Interviews

InterviewingKnowledgeable Persons

Verification of Responses

Facts

GMP ENVIRONMENTALCONSULTANTS

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1. Pre-AuditPre-audit deals with preparationsprior to the audit on-site. The workinclude:● 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, personalprotective equipment and otheraudit tools

● making preparations on logistic,accommodation andtransportation if needed, and

● sending a letter of notification tothe site to confirm the audit on-site

2. On-Site AuditThis is the main bulk of the

audit, and is done in the ‘auditee’.Auditee is defined as theorganisation being audited. This

phase comprises five events insequence, they are:

(i) Opening meeting – This is thefirst formal event at the site, andshould be attended by audit teamand the management of the auditee.Usually the top management willaddress the audience first, and theaudit team leader will then informthe management on the agenda andthe methodology of the audit.

(ii) Familiarization tour – The auditteam members are accompanied bykey personnel of the auditee to visitthe site briefly in order to be familiarwith the nature of operations andthe environmental concerns. Itshould be noted that this is not siteinspection. This event is not neededif the audit team members arefamiliar with the site.

(iii) Interviewing the knowledgeablepersons – This is the essence of theon-site audit , whereby keypersonnel are interviewed to obtain

facts in response to the auditquestions. Figure 2 shows theimportance sequence of events forthis on-site audit technique.

(iv) Verification – The facts obtainedfrom the knowledgeable persons areverified. There are three techniquesof verification:● Document review – this exercise

examines the manual, procedures,work instructions, records andsupporting documents

● Verif ication interviews –involves interviewing employeesrandomly to check theimplementation of systems inplace.

● Site Inspection – all physicalinstallations at the site arechecked against the standardsand good environmentalpractices.

A combination of any threeverification techniques can be used,with the main intent of confirmingevidence of the facts obtained.

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(v) Closing Meeting – Audit findingsand conclusions are presented by theaudit team leader to highlight“Noteworthy Efforts” (conformities)and “Areas for Improvement” (non-conformities). Recommendationsshould be provided by the audit team,though they are not binding.

3. Post –AuditThis is mainly report writing and

follow up after the submission ofreport. The report is confidential, andshould be factual with key findingsfrom the audit, notably with sectionson Noteworthy Efforts and Areas forImprovement. Recommendations forimprovement should be included,unless specifically requested to beexcluded by the client.

A good audit report shouldcontain 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 contractualrequirements, usually two copies ofthe reports are submitted to the client,with a copy extended to the auditee.The client may pose questions afterreading the audit report, and the auditteam leader must be prepared to meetthe client and the auditee’srepresentatives to make presentationsof the findings and to answer specificquestions.

Audit Tool

A good audit tool consists ofchecklists that are accurate andreliable so that competent auditorsusing the tool and workingindependently would reach similaraudit findings from evaluating thesame audit evidence. A good audittool should preferably have aqualitative or quantitativemeasurement of the audit results. GMPISO 14001 Audit Scheme® is one suchtool which has been widely used inindustries for measuring quantitativelythe audit results of environmentalmanagement systems (EMS).

Figure 3 shows that using theGMP ISO 14001 Audit Scheme®, theoverall audit results can bemeasured quantitatively against theEMS Standard from a scale of 0-100%. Figure 4 shows the detailresults for each component of ISO14001 in achieving the overallresults in Figure 3.

Responsibilities Of Auditors

Environmental auditors, whetherinternal or external auditors, areprofessionals. As such, proper codesof ethic or principles should befollowed.

ISO 19011: 2002 Guidelines forQuality or EnvironmentalManagement Systems Auditing statesclearly the principles for auditing asnoted below:

● Ethical conduct: The foundationof professionalism. Trust, integrity,confidentiality and discretion areessential to auditing.

● Fair presentation: the obligationto report truthfully and accurately.Audit findings and conclusionsshould be accurate substantiatedwith facts and evidence.

● Due professional care: theapplication of diligence andjudgment in auditing.

● Independence: auditors should beunbiased and free from conflict ofinterests.

Figure 3 - Audit Score using GMP ISO 14001 Audit Scheme®

Areas forImprovement

NoteworthyEfforts

5-7 July 2004

EMS Standard100%

22.7%

Baseline EMS Audit Result for AAA Sdn Bhd

● Evidence-based approach: therationale method for reachingreliable audit conclusions in asystematic audit process.

Audit team members should becompetent with the following criteria(based on ISO 19011:2002 for EMSAuditors):

(a) Entry qualification – theminimum entry qualification issecondary education, though auniversity/college qualification ispreferred.

(b) Qualified in specific knowledgeand skills – these can be achievedvia university education orexternal training. For anenvironmental managementsystems auditor, the trainingsyllabus 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 isneeded for the above courses.

(c) Environmental related workexperience – at least two out ofa total of five years for those with

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GMP Environmental Consultants

GMP ISO 14001 AUDIT SCHEME

GMP ISO 14001 AUDIT SCHEME - GRAPHICAL PRESENTATIONAudited Site : AAA Sdn Bhd Date : 5-7 July 2004

BASELINE EMS ISO 14001 AUDI T

0 10 20 30 40 50 60 70 80 90 100AVERAGE

100%0.0%

33.3%20.0%

33.3%42.9%

0.0%`

50.0%

SCORE PERCENTAGE

14.3%33.3%

0.0%16.7%

0.0%

25.0%20.0%

37.5%0.0%0.0%

4.1

4.24.3.1

4.3.24.3.34.3.4

4.4.14.4.24.4.34.4.4

4.4.54.4.64.4.7

4.5.14.5.24.5.34.5.4

4.6

Infancy Developing Maturing Advanced Desired

ISO

140

01 C

LAU

SE

PERFECT SCORE

22.7%

Figure 4 - Graph on Details of Audit Score

secondary education, and at leasttwo out of a total of four yearsfor those with university/collegequalification.

(d) On-the job training andexperience – minimum fourcomplete audits for a total of atleast of 20 days.

In Malaysia, the Society ofEnvironmental Auditors Malaysia(SEAM) was set up in 1998 to gatherthe environmental auditors inMalaysia and to provide them withinformation networks regarding thedevelopment of environmental auditand environmental management.

Conclusion And The Way Forward

While there are many benefitsand need for environmental audit,challenges still exists which must beresolved. Some factors that can beconsidered to ensure success ofenvironmental audit in Malaysiaare:

● Enforce the use of environmentalaudit through EnvironmentalAudit Regulations by theDepartment of Environment.Enforcement imposed by theGovernment will increase thepractice of environmental audit.

● Increase awareness on theimportance and benefits ofenvironmental audit, throughtalks, training, campaigns,promotions and bulletins.

● Recognise and promoteenvironmental auditors asimportant professionals in thedevelopment of the nation.

● Provide incentives toorganisations practicing goodenvironmental audits – this can bedone through awards and taxincentives.

● Train more environmentalauditors to encourage the properapplication of environmentalaudit.

There are tremendousopportunities for environmental audit

to grow in Malaysia. Both the publicand private sectors have respectiveroles to play to ensure the success ofenvironmental audit in Malaysia.

REFERENCES

1. Chong H.G., December 1999,Environmental Audit from thePerspective of A Consultant, BengkelAudit Alam Sekitar, Department ofEnvironment, Malaysia.2. Chong H.G., March 2004,Environmental Audit TrainingManual (Edition 9) , GMPEnvironmental Consultants,Malaysia.3. International Organization forStandardization, 1996, ISO 14001:Environmental Management Systems– Specification with Guidance forUse, Switzerland.4. International Organization forStandardization, 2002, ISO 1901:Guidelines for quality and/orenvironmental management systemsauditing, Switzerland. BEM

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Holistic Approach ToUrban Storm-WaterPollution ManagementBy Ir. Prof. Dr. Ruslan Hassan, Environmental Research Centre, Universiti Teknologi MARA

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One of the essential elementsof sustainable developmentis recognition of theeconomic value of

environmental resources. For years wehave calculated the gross nationalproduct on the basis of production orharvest only. It is as though weexclude the value of land andequipment from the estates’ net worth,or remove the manufacturing plantsfrom the car producer’s balance sheet.

Much work is needed in restoringthe physical, chemical andbiological integrity of thecountry’s water. For far too longthe emphasis on water qualitycontrol has been on point sourcesof pollution with organicpollution being the major type ofpollution being monitored. Thereceiving streams seem to be notgetting better despite thenumerous efforts. Many streamsstill had water quality problemsthat did not allow them tosupport even partial designateduse because they were impairedby non-point sources with wet-weather runoff as the main waterpollution problem. This paperdeals with the application of theholistic systems approach to theurban water systems. The threemain strategies: watershed basedplanning, pollution prevention,and management, and increasedindividual and collectiveresponsibility are briefly discussed.Finally, some recommendationsare forwarded to address the issueof non-point pollution fromstorm runoff.

Plate 1: The UrbanEnvironment with

Squatters and FloodProblems

The World Resources Institute notesthat such economic policies aroundthe world have. “... create [d] theillusion of economic development,when in fact national wealth is beingdestroyed.’ Understanding the truelong-term value of the environmentbuilds support naturally forsustainable development to preservethe country. Public opinions nowseem sympathetic to environmentalconcerns and they see that water

pollution as more serious than anyother environmental problems, andthey also express concerns aboutdrinking water supplies.

Integrated water managementcalls for a water system to be treatedas a single, cohesive system in whichthe uses and functions of water arelinked to the source, quality, andquantity of water available. Within awater system, such as an ocean, lake,river, stream, or wetland, there are

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four basic elements: groundwater,surface water, and water quantity andwater quality. The interaction betweenthese elements affects the entire watersystem. Water systems are afunctional component of nature,urban areas, industry, agriculturalproduction and recreation.

HOLISTIC APPROACH

A holistic approach considershuman health, water supply andecological concerns. There is amanagement, pollution preventionand increased individual andcollective responsibility for protectingwater resources. The natural flow ofthe water cycle calls for a holisticapproach to restoring water quality.Water resources are sufficientlythreatened to demand analysis of allrelated problems.

The holistic approach views theparts of the urban wastewater systems- surface runoff, wastewater flow inthe pipes and through the treatmentplant, and receiving water, forexample as one entity. In the past,these elements were interpreted asbeing separate pieces having fixedboundaries. Using the approach, therisk of floods could be decreased, thesystem’s pollution load on theenvironment during rain could beminimised, and engineers couldachieve better operational controlusing computer simulations and real-time control.

To solve water pollution problem,management concepts must reflectthis approach. When analysed with aholistic approach, water management

problems revolve around crucialissues far beyond the waterprofession. The influence of humanson the water cycle is a function ofdemographic development, culturalheritage, economic distribution, andsocial circumstances. The problems ofpollution are related to the very rootsof society in the broadest and mostbasic sense.

Laws and LegislationMost water related laws in

Malaysia were enacted a long timeago (Water Act 1920) when watercould still be regarded as beingplentiful in supply. Theresponsibilities for water pollutioncontrol are shared in unclear termsbetween Federal and State agencieswith overlapping legislation. Waterpollution issues are currentlydistributed among the State, Federaland Concurrent Lists; ‘Factories’ areenumerated in the Federal List, ‘PublicHealth’ is listed in the Concurrent List,and ‘Water’, ‘Rivers’ and ‘PublicNuisances’ are in the State list. Underconditions such as this, it is legallydifficult to directly impose a nationalstandard for water quality control andmanagement.

NON-POINT SOURCESOF POLLUTION

Although storm-water quality ishighly variable, mean storm-waterconditions can be evaluated todetermine key differences betweentypical storm-water and river water(Paulson, 1993). The storm-water hereis defined as the storm-water runoff,

surface runoff and drainage. Therunoff from just the urban andindustrial areas typically possessespollutant concentrations rivalingthose of the industrial wastewaterdischarges; as much as 30 % of waterpollution streams can come fromstorm-water discharges.

Potential pollutants such asvegetation, that makes up to 80% ofthe non-particulate solids in runoff,are still looked on as ‘naturalmaterial’ , that belongs in thelandscape and mistakenly byextension in the drainage system.Leaf litter is not at all natural in theies that reach urban drainagesystems. Under natural processes thevast majority of the material remainsin the forest floor layer, holdingrunoff for slow release and graduallydecaying to return nutrients to thesoil. However, now many drop leavesonto roofs, paved areas andmanicured lawns. They are washedinto drainage systems where they candeplete oxygen in waterways andcreate odours and water solublecompounds that impact on aquaticlife.

Litter is unsightly, environmentallydamaging and can cause blockagesto stormwater management systems.For instance, drink cans made ofaluminium are chemically reactive,highly toxic in some phases andmay degrade in the low pH ofanaerobic zones. Medical andsanitary waste and glass bottles,usually in fragments, are ahazardous feature of bottom muds.A high proportion of all litter, sinksto the bed where it binds the surface

Plate 2: Solid wastes in river water Plate 3: Dead fish in a river

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reor becomes embedded in sediments,to disrupt the activity of bottomdwellers.

Plastics now dominate thestormwater litter stream and can takeover a century to decompose. If anaquatic animal dies after swallowingplastics, it decomposes long before thelitter, which floats on to threaten moreanimals. Polystyrene also floats downstormwater drains and into the sea. Itcan lodge in gills and obstruct theguts of susceptible species.

Litter CompositionPlastics now dominate the

stormwater litter stream and likely toremain so if present lifestyles andattitudes are maintained. In gross

pollutant traps for an urban area suchtrends are indicated as shown in theFigure 1 below.

It was found that constituents withhigher concentrations in storm-waterthan in average river water (non-storm event) included suspendedsolids (three to six times) dissolvedorganic carbon (three to five times);ammonia (five to 20 times), dissolvedphosphorus (ten to 100 times) andmetals, including manganese, iron,copper, lead and zinc (five to 50times). The pH conditions for storm-water and river water were generallysimilar.

There were two separate incidentscausing water supply companies inUK to notify the customers to boiltheir drinking water followingunexpected increase in the cases ofCryptosporidiosis (Ruslan, 1997). TheCrypto organism was discovered inwater samples following a specialprogramme of testing carried out bythe water company in cooperationwith the local health authority. Theprotozoan ingested as an oocyst andexcreted in the faeces is usuallyoverlooked and not identified. Theirtransmission from host to host by thefaecal-oral route suggests thepossibility of waterbornetransmission. Crptosporidium, foundin farm animals (cattle, goats, dogs,pigs and cats) excrement is usuallypassed from animals into the land andthen washed into the waterways.

A study conducted by Quek (1998)revealed that the levels of pollutantsentering the Putrajaya lakes were highin Total Phosphorus(TP), Total

Figure 1: Representative Litter trapped in urban Storm-Water Drains

Plate 4(a) : A river always receives the brunt

Plate 4(b) : The estuary becomes the final of development destination of rivers.

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Nitrogen (TN), ammonia, BOD5, totalcoliform, faecal coliform, iron,manganese and mercury. The levelsof TP concentrations were between0.13 and 0.18 mg/L, which are higherthan Class IIB standard of 0.05 mg/L.The TN concentrations ranged from0.65 to 1.27 mg/L The land uses forthe upstream catchments includecolleges, institutions, golf courses,farming and agricultural.

From the Sungai TekamExperimental Basin 1986 study(Ruslan, 2000), it was found that there

were changes in water qualitymeasurements such as conductivity,suspended solids, turbidity, calcium,iron and magnesium afterdeforestation. Calcium, magnesium,conductivity were significant andparameters like total suspended solids,turbidity and nitrate nitrogenexceeded the stipulated standards.

In the absence of sufficient dataon metal form and toxicity, totalconcentrations provide a conservativemeasure. Class B criteria are moreappropriately applied to dissolved,

rather than, total metalconcentrations. Total metalconcentrations include severalforms: particulates and dissolved,inorganically or organicallycomplexed (called bound), and free.

Bioavailability and toxicity varywith the form of the metal. The mostbio-available forms that are toxic toaquatic life are free metals and someweak inorganic complexes. Metals inthe environment, particularly instorm-water runoff, are usuallypresent in particulate and stronglycomplexed (organic) forms, with onlya small fraction of the total metalconcentration being bio-available.

Impact To The Environmentand Health

A polluted river that flowsthrough a river basin indicates thatthe ecology of the river basin isdisrupted arising from improper landmanagement which results inpollutants being released to the riverand ultimately ending up in the sea.

Relatively modest increases in theconcentration of nitrogen andphosphorus may be sufficient totrigger algal blooms as a consequentof eutrophication. In addition tobeing unsightly and smelly, massesof blue green algae can literallychoke the life out of a lake or pond.The large concentrations of algaebuilt up, respire and decompose deadalgal cells causing lakes to be devoidof fish.

The Cryptosporidiosis is aninfection, which produces immuno-competent humans, a self-limited flulike gastrointestinal illness thatresolves spontaneously in one to fourweeks. In immuno-compromisedpatients, Cryptosporidiosis mayproduce severe and prolongeddiarrhoea for which there is nochemotherapy contributing tomortality.

The toxicity of copper thoughtypically present in the least amountin storm-water (order of 10-7M) is themost toxic to aquatic life followedby zinc and lead. But because of thehigher concentrations of zinc (10-6

M) and together with the addition oflarger dissolved and bio-availablefractions, metal toxicity from zincmay be more significant than copperand lead.

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Plate 5 (a) : Siltation/Sedimentation Basin

Plate 5(b): Turfed Slope of more than 50mm thickness (BMPs)

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STORM WATER MANAGEMENT

The overall goal of storm-watermanagement programme is to reducethe discharges of pollutants. Althoughthese discharges are dependent on thewills of Nature, society must believein the vision that we should live inharmony with healthy naturalsystems. Much work is needed inrestoring the physical, chemical, andbiological integrity of the country’swaters. The holistic approach appliedwill have to be guided by threestrategies: watershed-based planning,pollution prevention and increasedindividual and collectiveresponsibility for the protection ofwater resources.

Watershed-Based PlanningAnd Management

Watersheds are the logicalhydrological unit within which toplan, implement and evaluatepollution prevention efforts. Althoughwater is a State matter, nature doesnot recognise political and stateboundaries.

Water resources must be managedto sustain environmental values andthe health of the economy. Waterresource protection efforts shouldfocus on environmental results withinappropriate hydrologic units orwatersheds. Statewide watershedplanning and management must beimplemented which includes theimplementation of agricultural bestmanagement practices to improve thewater quality in a given watershed.Management plans should bedeveloped to set priorities regardingresource allocation and minimumoperating standards for varioussources of impairment in thewatershed.

Pollution PreventionSociety will generate less pollution

if it reduces its consumption ofresources and recycles these materials.In addition, pollution prevention willbe enhanced by including severalmeasures, which promotes continuousimprovement in pollution preventionfrom agriculture, manufacturing, landdevelopment, energy, transportation,commercial activity and household.Prevention is an especially important

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B U L E T I N I N G E N I E U R 17

strategy for controlling runoff fromurban areas.

Despite education, awareness andstreet cleaning programmes, largeamounts of gross pollutants arereaching and degrading waterways.For reducing gross pollutants impacts,some steps include:

● Preventive measure (educationand awareness) including drainlabeling. Working withmanufacturers to reducepackaging and encouragingrecycling.

● Removal of gross pollutants (streetcleaning).

● Capture of gross pollutants in thedrainage system.

● Bio-remediation of pollutants(mainly applicable to nutrients andheavy metals).

● Remedial clean-up methods.

Before a particular stormwatertreatment technique or treatment traincan be determined, characteristics ofthe catchment area, objectives for thereceiving waters, soil andgroundwater requirements have to beconsidered.

Storm-water runoff fromcommercial-residential will generallydecrease the water quality in thereceiving waters. To ensure thatcontaminants in the runoff will notexceed pre-determined levels, asource control programme with thefollowing objectives should be carriedout.:

● Identify and correct illegalconnections to the storm-waterdrainage systems

● Identify business activities thatmight contribute pollutants to thestorm drains and work with thosebusinesses to control the releaseof those pollutants

● Reduce the likelihood of accidentalspills of chemical or petroleumproducts by encouraging spillscontrol practices; and

● Increase the industries operatorsawareness of the link betweentheir activities and theintroduction of contaminants intostorm drains

The source control programmemust not be a typical command and

control but to educate the industrieson proper waste managementthrough site visits and mailing ofinformation to encourage them tokeep contaminants out of the stormdrains.

Increased Individual AndCollective Responsibility

Protecting water resources willsucceed only if citizens adopt aheightened sense of responsibility.Each member of the society shouldcontribute to the cleanup costs andpollution prevention relative to theircontribution to the pollution.Education, incentives, and regulationwill encourage responsiblebehaviour. Environmental educationplays an important role in educatingthe public and industries. It is fromenvironmental education that helpsbuild demand from the public onwhat industries they prefer. It is alsofrom environmental education thatthe population will learn tounderstand the concept ofconservation and be able to applysimple conservation measures intheir daily lives.

For storm water pollutionprevention plan management in anorganisation, it is critical thatemployees become familiar with it.The better the training given to theemployees, the more successful thestorm-water managementprogramme will be. In time, trainingwill benefit both the industry andcommunity as well.

Under the programme, allemployees need to be informed ofthe components and goals of theiremployer’s storm-water preventionplan, which must include:

● 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

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A comprehensive planningprocess that will involve publicparticipation must be included in astorm-water management plan. Theprocess may be imposed on a system-wide, watershed, or jurisdiction basisor on individual outfall. In addition,where necessary, there will also beinterstate coordination to reduce thedischarge of pollutants from thesystem to the maximum extentpracticable, as well as controltechniques, system design andengineering methods, and otherprovisions as appropriate.

DISCUSSION

The great diversity of storm-waterdischarges and their associated impactis a key problem, which complicatesthe assessment and control. Storm-water varies according to geography,duration and intensity of the stormevent, ambient environmentalconditions along the course of storm-water runoff, and the conditions ofreceiving waters impacted by therunoff. Because this inherentvariability makes it difficult to define‘standard’ or ‘typical’ storm-waterdischarges, or to develop standardisedimpact assessments. The authorityshould establish a range of conditions,rather than a single means ofassessment. This would allow for morerealistic assessment of variable storm-water discharges and help ensure thatstorm-water control programmesreflect the actual nature of theproblem.

To assess storm-water impact, theauthority should not rely on existingwater quality assessment criteria andthe techniques designed to measureproblems associated withconventional municipal and industrialdischarges. Unlike storm-waterdischarges, these conventionaldischarges are qualitatively andquantitatively predictable and usuallyoccur in locations where monitoringequipment can be easily sited.Techniques that can take into accountthe characteristics of the receivingwater after the storm event, that is,increased stream-flow and short-termacute discharges of toxic should beused for assessing storm waterimpacts. Scientifically valid anddefensible monitoring and control

requirements, which address theunique nature of storm-water, willrequire time to develop.

The overall goal of storm-watermanagement programme is to reducethe discharge of pollutants. Aframework such as product life cycleallows a systematic approach topollution prevention that considerseach stage in the life of product fromraw materials to finished product, use,resource recovery and disposal.Analysing a product in terms of itslife cycle helps identify environmentalimpact and risks associated with itsmanufacture and use.

Reducing pollution at the sourceentails a change in traditionalbusiness and managementapproaches. Education of futurebusiness managers will focus onchanging attitudes and values in sucha way that makes it easier for themto factor pollution preventionconsiderations into their decisionmaking. A key element of themanagement plan with the goal ofreducing the discharge of pollutantsis public participation, which mustinclude extensive public educationactivities to assist communities inunderstanding the importance of thisprogramme and their impact on it.

CONCLUSION

A holistic approach considershuman health, water supply andecological concerns. Even if the pointsource of pollution has beencontrolled or completely eliminated,it will be dwarfed by the non-pointpollution. Approaches to waterresource protection must emphasiseavoiding or minimising pollution andsource degradation rather thanmitigating the effects of releasingpollutants into or disturbingecosystem. Water resource protectionefforts should focus on environmentalresults within the appropriatehydrologic units or watersheds, withsuccess and failure in attaining waterresources goals regularly reported tothe public. In general, controlling wetweather runoff remains a highpriority. While the sources may befamiliar or simple to understand, thesolutions are complex. It requires bestmanagement practices and controlsat critical overflow points.

RECOMMENDATIONS

1 Policies and programmes shouldadopt a holistic resource

protection perspective, taking intoaccount the interconnections ofquality and quantity of surface water,groundwater, and aquatic and relatedland resources.

2 Every water environment projectrequires participation by the

beneficiaries, as well as thebenefactors. A programme to educatethe community on the benefits ofsource control for reducing theimpairments of receiving water bystorm-water runoff must beincorporated in the storm-watermanagement plan.

3 Programmes to protect waterresources should include a mix

of voluntary and mandatoryapproaches, and

4 All levels of Government and theprivate sector have a role in

working together to plan water use,conservation and protection with thelevel of Government most appropriateto the problem principally responsiblefor the solution.

REFERENCES

Drainage and Irrigation Dept.: (1986).Sungai Tekam Experimental Basin: FinalReport, 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 QualityMonitoring and Evaluation Programmefor Putra Jaya Lake and Wetlands.Proceedings: Seminar on Putrajaya LakeWater Quality Management, MARDI,Seremban.

Ruslan Hassan: (1997). UK hit by CryptoOutbreaks: Are We Ready? No. 7, Jurutera,Bulletin of the Institution of Engineers(IEM).

Ruslan Hassan: (2000). EnvironmentalPollution: Assessment and Management,Univision Press, p.200. BEM

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Economic Approaches InAddressing Environmental IssuesBy Y.M. Raja Dato’ Zaharaton bt. Raja Zainal Abidin, Director General of the Economic Planning Unit,Prime Minister’s Department

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Given the rate of Malaysia’seconomic growth in thepast 30 years, and the fastpace by which our society

is developing, the magnitude andarray of environmental problems arebecoming more complex andchallenging. Although the naturalenvironment has certain ameliorativeproperties, the pace of change hasbeen so rapid that their carryingcapacities might soon be exceeded ifleft unchecked, and raise issues ofsustainability. At the core of theseproblems lie social attitudes andcustomary practices that have treatedenvironmental conditions as if it werean unlimited resource, a free good,or something that could renew itself.Increasingly, that is no longer thecase.

Laws and enforcement bythemselves no longer can ensure thatenvironmental resources are used ina sustainable manner if the coreconcern is merely cost-effectiveness.New approaches and methodologies,which are more effective and moreefficient, are required to deal withenvironmental issues. Manydeveloped countries have resorted tousing economic instruments (EIs) toan increasing extent to addressenvironmental issues. Economicapproaches are based on the premisethat those who pollute should pay forcleaning up the mess generated. Theidea being that by doing so, weprovide an “incentive” to the polluterto pollute less, as consequently, theywill pay less. This is commonlyreferred to as the polluter paysprinciple. It must be underlined,however, that based on experience ofthe developed countries, EIs areusually only successful, ifimplemented as tools to complementand support existing legislation.

In the case of Malaysia, theGovernment pronounced in recentyears that EIs would be used as apolicy tool to supplement andcomplement existing command andcontrol measures in addressingenvironmental issues. For instance,the Third Outline Perspective Plan(OPP3) and the Eighth Malaysia Plan(8MP) have stated:

OPP3: The Government will continueto implement the Polluters PayPrinciple, and intensify enforcementefforts to ensure that environmentallaws and regulations are compliedwith. However, these measures willbe complemented by the use ofinnovative economic and taxinstruments, including the removal ofdistortions and barriers that impedethe efforts in improvingenvironmental quality and optimalnatural resource use.

8MP: Efforts will also be channelledat promoting environmentalperformance measurements andmarket-based instruments as well asengaging communities in addressingenvironmental and natural resourcesissues.” In addition it states, …increasing the use of fiscal policy inpursuit of environmental objectivesand promoting the use of appropriatemarket-based instruments and self-regulatory measures amongindustries.

It is within this policy context thatthe Economic Planning Unit (EPU)undertook a three-year study withtechnical assistance provided by theDanish International DevelopmentAssistance (DANIDA) programme, tolook into the feasibility of introducingEIs in Malaysia. Severaldemonstration projects were launched

to explore in detail theimplementation of EIs in variousareas, and the results and lessonslearned have been documented in ahandbook (see www.epu.jpm.my).

What is an Economic Instrument?

Traditionally, people seeenvironmental resources such aswater, land, air as a public good, freeof charge, which can be used withouthaving to be paid for. This attitudeoften results in overuse and evenabuse, contributing to pollution andenvironmental degradation, whichwill affect human health andeconomic growth. Usually, when theGovernment wants to regulate the useof these resources, it introduces a lawor regulation. However, enforcinglaws usually demands hugemanpower resources and is oftencostly to administer. Hence, theattraction of an alternative orsupplementary approach that uses themarket as a means to control“polluting” behaviour andconsequently regulate pollution.

Simply put, EIs are market-basedmechanisms that are designed toinfluence people’s behaviour. Forinstance, incentives (e.g. subsidies)reward desired behaviour; similarly,disincentives (e.g. taxes) penaliseundesired behaviour. In principle, EIsattempt to ensure the polluter paysfor the environmental mess that theyhave created or caused.

The main premise of the conceptof EIs is that a change in prices willcause consumers and producers tomodify their consumption orproduction behaviour. Therefore, EIscan help to integrate environmentalconsiderations into economic policies,thus promoting sustainabledevelopment and thereby improving

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the quality of life. EIs have beenshown to have the followingadvantages:

● Help change consuming andproducing behaviour towards amore sustainable use of resources;

● Encourage economic efficiencyand productivity;

● Adaptable to specific issues; and● Reduce bureaucracy required for

enforcement approaches.

Different Types Of EIs

An economic instrument forenvironmental management isnormally directed at a specificenvironmental problem, andessentially targeting a change in

behaviour or attitudes towards theenvironment. Some types ofinstruments are presented in Table 1,along with some Malaysian caseproblems that were part of thedemonstration projects asdocumented in the EI Handbook.Usually, there are several types ofoptions available that can beincorporated into various sectors toachieve the desired behaviour effects.

Framework For Developing EIs

In order to effectively implement aneconomic instrument, it needs to bewell designed with the input ofrelevant stakeholders or interestedparties. Figure 1 illustrates a roadmapfor developing and designing an EI

based on international experience, aswell as lessons drawn from thedemonstration projects conducted inMalaysia over the past three years.

Challenges In Implementing EIs

There are many challenges toimplementing EIs in Malaysia. Highon the list is the issue of awarenessof the potential of this innovative toolby all, be they Government officers,the corporate sector, professionals andespecially the public. They have tobe convinced not only that the newapproach works, but that it isinherently fair, as it aspires only tomake the polluter pay, and attemptsto address the perennial “free-rider”problem.

Category Types Demonstration Projectsin Malaysia

Taxes, charges, cess,user fees

Subsidies and incentives; fiscalincentives/allowances; grants/funds for environmentaldevelopment

Deposit Refund (D-R) System

Performance Bond

Market creation● Emissions trading

● Voluntary initiatives;eco-labelling;recognition schemes

Table 1: Economic instruments in environmental protection

Cess for pesticides

Cess for lubricant waste oil

Sales tax for tyres

Incentives for recycling, such as oldnewspapers, bottles

Deposit refund scheme for pesticides

Used in the mining industry topersuade miners to restore the landafter they have been mined

Several timber certification cases testedand adopted

Charges and taxes are imposed on productsor activities to change behaviour. Chargesare payments for the use of resources,infrastructure and services. They arecollected by service providers (or publicagencies) to recover costs of services, as wellas to maintain the system. Taxes arecommonly used to generate revenue forgeneral use, and to achieve equity goals. Acess is a tax that is collected for a specificpurpose.

These include subsidies, grants, soft loansand fiscal incentives that are used toencourage compliance with environmentalobjectives and to promote the use oftechnology, products, or resources that areless damaging to the environment.

This D-R system is meant to encourage thereturn of a recyclable item to themanufacturer.

Advance payment as a guarantee thatmanufacturing and developing conditionsare met.

Applied to resources that are difficult todivide physically and extend beyond localboundaries, such as air, water and fishery.By limiting these rights, and devising amechanism for the trading of these rights, amarket is created that will price these rights.

Voluntary actions initiated by industry,mainly in the form of information disclosuresuch as eco-labelling, energy efficiencyperformance rating, recognition schemesand environmental reporting.

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In particular, the Malaysianpublic’s understanding of the cost ofenvironmental protection needs to beenhanced. In this regard, theimportance of transparency inimplementing new taxes, cess, usercharges or fees must be ensuredjustified in order to reduce objectionto its implementation. People mustunderstand why they are paying thiskind of tax or additional charge, andhow the revenues would be used,particularly for environmentalabatement and mitigation ofdegradation.

Having said that, the Governmenthas to be sensitive to the socio-economic implications of the newtaxes, charges and fees. Socio-economic effects need to becomprehensively analysed so that itsfull ramifications are understood, andsocially inappropriate effects removedfrom their design.

Above all, EIs must be simple toimplement. Taxes or charges must beeasy to collect, preferably from as fewsources as possible. It must cost lessto collect than the revenue it generates.An audit trail must be designed alongwith a system for adjudication toenable complaints to be handledefficiently and judiciously. In addition,

it should close the loop so that thereare no ways to escape from theintended burden of taxes and charges.

All these measures would requirecontinuous efforts to build awareness,capacity and understanding of allstakeholders of how the “newly”created “environment” marketoperates, analysis of the environmentaland economic effects of unmitigated“bad” environmental behaviour, andthe benefits of taking appropriateaction. Furthermore, assuming that thecapacity has been built and agenciesare now ready to implement, there isstill the need for certain“superstructure” changes. Inparticular, the legal and property rightsframework will have to be reviewed.Quite often, the environment suffersfrom what economists call “a tragedyof the commons”, a situation whereproperty rights are poorly defined, andenforcement requires more resourcesthan is available. The desired changeis to attain the situation whereby thecost of environmental degradation isinternalised.

CONCLUSION

The Government has initiatedwork on EIs in order to increase the

effectiveness of protection andconservation of scarce environmentalresources, many of which are underthreat. The Government cannot dothis without co-operation and helpfrom the public, industry, and themany professionals involved indevelopment, who would be in agood position to ascertain thetimeliness and efficacy ofintroducing EIs in particularsituations. The message of thesepolicies is clear: polluters must pay,and those that can avoid pollutingactivities will benefit. The naturalenvironment, as in our air, water soiland land, must be given thenecessary protection so that they canbe used in a sustainable manner.

EIs are another set of toolsavailable at our disposal. Beingrelatively new to Malaysia, we willneed to build our understanding ofit as well as the capacity needed todesign effective and fair EIs. Thechallenges are many, but as shownby the demonstration projects, EIscan be adapted to apply to theMalaysian situation and hopefullythese initiatives will encouragegreater use of this efficient tool inaddressing environmental issues inMalaysia.

Procedural Framework Output

Pilot Project

- Review Current Practises- Conduct Rapid Assessment Survey- Research how industry/market operates

- Legal Review- Institutional Review

- Consultative Process (Ministry-Level)- Submit to National Development Planning Committee via EPU

- Announcement- Supervision- Calculation- Collecton- Control- Sanction

Define Problem

EstablishWorking Group

Economic Analysis

Develop Options

Design Instrument

FinaliseRecommendation

FormaliseDecision

Implementation

Evaluation

Draft terms of referencefor Consultant

Background Paper

Option Paper

Proposal to Ministry/Gov. Agency

Desicion/Approval by Cabinet

Evaluation Report

Figure 1. Framework to develop and design an economic instrument

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Water Resources Management InMalaysia – The Way ForwardBy Ir. Harbans Singh K.S., BE (Mec) S’pore, P.E., C. Eng,LLB (Hons) London, CLP, DiplCArb

Suspension Of Work:An Overview

B U L E T I N I N G E N I E U R 24

Suspension represents a contingency that can bemade available to both parties to the contract incertain defined situations whereby the progressof the work can be temporarily halted. The

reasons for such freezing of rights and obligations underthe contract are many and are furthermore dependent uponthe identity of the particular party invoking the saidmechanism. In practice, the common grounds giving riseto suspension vary from issues connected with financialmatters 2 at one end of the spectrum to the vagaries of theweather at the other end. Despite its importance in theimplementation of a typical contract, little or no emphasishas been placed by local drafters of conditions of contract3 to expressly empower the parties to exercise the right ofsuspension. Even where prudent draftspersons haveenvisaged its application, such rights are usually one-sided i.e. permitting only the employer and not thecontractor to invoke such a remedy. Perhaps it is timelyfor the engineering/construction industry to give duerecognition to the above-mentioned contingency byincorporating express stipulations vis-à-vis the subjectat hand; a move that definitely will not stultify but onthe contrary will auger well for the balancing of the rightsbetween the parties. In Malaysia, such a shift in thinkingis reflected in some standard forms, such as the CIDBStandard Form of Building Contract (2000 Edition) 4, thePutrajaya Conditions of Main Contract 5 and the IEM.ME1/94 Forms 6. However, it is necessary to take the exerciseone step further by affording all parties to the contractreciprocal rights to the like effect.

MEANING OF SUSPENSION

Synonymous with the term ‘postponement’, suspensionhas been variously defined in different texts; somecommon dictionary examples are listed hereunder:

● The Longman Dictionary of Contemporary English 7

holds the word ‘suspension’ to mean:

‘…. the act of officially stopping something fromcontinuing for a period of time ….’

● Mozley and Whiteley’s Law Dictionary ascribes a ratherconcise meaning 8 as reflected herebelow:

‘…. a temporary stop or cessation of a ……. right’

Drawing upon the above definitions, it can be concludedthat the word ‘suspension’ entails the following meaningsand consequences within its ambit:

● By suspending the works under the contract, the partiesmerely stop or cease all work related activities on atemporary basis. The contract, inclusive of all rightsand obligations thereunder, however subsists duringthe period of suspension;

● In a similar vein, by suspending the contract itself thereis a moratorium on all facets, rights and obligationsunder the contract inclusive of the performance of allwork related activities. In essence, the ‘suspension ofthe contract’ is, prima facie, wider in scope and effectthan the limited ‘suspension of works’ under thecontract only; and

● The alternative description of ‘postponing’ works orthe contract has fundamentally a similar meaning andeffect as suspension. It involves either the ‘works’ orthe rights and obligations of the respective parties beingheld in abeyance for the period of suspension.

SUSPENSION: PRINCIPAL TYPES

Logically, both the parties to the contract should beable to exercise the power of suspension, if and whennecessary. This is subject to the express terms of theagreement that they have entered into. Hence, in theengineering/construction industry, the parties who maybe vested with such powers include the employers, maincontractors, sub-contractors, suppliers and the like.

1. Director, HSH Consult Sdn. Bhd.2. See Channel Tunnel Group Ltd. v Balfour Beatty Con-

struction Ltd. & Others [1992] 2 All ER 609, [1993] 32Con LR1.

3. Including the standard forms4. Clause 195. Clause 58.06. Clause 297. At P 14538. 9th Edn. by J.B. Saunders at P 332.

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In the context of an ‘employer-main contractor’agreement the main types of suspension that can beencountered in practice include, inter alia, the following:

A. Employer Ordered Suspension

This species of suspension represents the bulk ofthe suspensions effected in the industry as expressprovisions permitting their realization are not onlyincluded in standard forms of conditions of contractbut also enshrined in the many ‘bespoke’ forms used.

B. Contractor Invoked Suspension

In the local context, though rarely practiced inagreements employing the standard forms of conditionsof contract, its usage in projects involving largerinstitutional employers utilising ‘bespoke’ forms ofconditions of contract is slowly increasing in frequency.

C. Contractor Requested Suspension

More commonly seen in agreements where onlythe employer is given the power to suspend works e.g.‘package deal’ types of contracts, nominated sub-contracts, etc., under this species of suspension, eitherthe contract provisions expressly permit the contractorto request the contract administrator to allow worksto be suspended on particular grounds e.g. need toreassess the design, adverse weather affecting quality/safety of work, etc. or the contractor persuades thecontract administrator to order suspension ‘for theproper construction and completion of the works’ 9.

D. Constructive Suspension

Strictly, this applies where any act or omission ofthe employer has the effect of impliedly halting thecontractor from undertaking his obligations orsuspending the works for an unreasonable time 10. Alocal example of this is clause 29.1 of the IEM.ME 1/94 Form where the contractor is deemed to be instructedto suspend work if he is prevented by the engineerfrom delivering or erecting Plant in accordance withthe programme.

GENERAL RULE ON SUSPENSION

It is trite law that unless there is an express termpermitting suspension enshrined in the contract, parties donot have a right to either:

● Suspend work under the contract, or

● Order work to be so suspended

Hence, in essence, there is no right at common law toeffect the above 11. The only other permissible way to effectsuspension is by the variation of the contract throughmutual consent.

The consequences of the abovementioned general ruleinclude, inter alia, the following:

● The employer does not have a power to order thecontractor to suspend work under the contract unlessthere is an express term in the contract empoweringhim so to do 12;

● Likewise, a contractor cannot suspend work underthe contract if he so desires in the absence of anexpress provision permitting him to do so. TheChannel Tunnel Group Ltd. v Balfour BeattyConstruction Ltd. & Others 13;

● Should the contractor proceed with the suspensionof work, this may constitute a breach of contract onhis part e.g. in failing to proceed ‘regularly anddiligently’ with the work: Canterbury Pipelines Ltd. vChristchurch Drainage Board 14. Such a breach mayfurther entitle the employer to determine thecontractor’s employment provided there is an expressterm making provision for the same and the saidground is one of the default’s stipulated therein e.g.clause 25.1(i) and (ii) PAM ‘98 Forms (With andWithout Quantities) Editions;

● There must be actual and not just a virtual suspensionof work: JM Hill & Sons Ltd. v Camden LBC 15.Furthermore, a mere threat to suspend work has beenheld on the facts not to constitute a repudiatory breachof contract: F. Treveling & Co. Ltd. v Simplex TimeRecord Co. (UK) Ltd. 16; and

● In situations, where the contractor desires to respondappropriately to the employer’s alleged defaults e.g.failure to pay on interim certificates, etc. in theabsence of express provisions permitting him tosuspend works, other than arbitration and/orlitigation, the only option he may have is to determinehis employment under the contract: DR. Bradley (CableJointing) Ltd. v Jefco Mechanical Services 17. Thismatter was further explored in the New Zealand case

9. See ‘The ICE Design and Construct Contract: A Commentary’by. B. Eggleston at P 235.

10. See ‘Law and Practice of Construction Contract Claims’ byChow Kok Fong at P 170.

11. See also ‘100 Contractual Problems and Their Solutions’ byR. Knowles at P 87. See also Kah Seng Construction Sdn.Bhd. v Selsin Development Sdn. Bhd. [1997] 1 CLJ Supp. 448.

12. See ‘An Engineering Contract Dictionary’ by VincentPowell-Smith at P 546.

13. [1992] 2 All ER 609, [1993] 32 Con LR 1.14. [1979] 16 BLR 76.15. [1980] 18 BLR 3116. [1981] Unreported.17. [1989] Unreported. See also Kah Seng Construction Sdn.

Bhd. v Selsin Development Sdn. Bhd. [1997] 1 CLJ Supp.448.

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of Canterbury Pipelines Ltd. v The ChristchurchDrainage Board where the court of appeal stated: 18

‘In such cases, if the contractor cannot or does notwish to rescind and cannot prove impossibility or itsequivalent, he will be left with whatever remediesregarding the recovery progress payment may beavailable to him under the contract’.

In view of the above judicial pronouncements spellingout the court’s approach to this matter, the issue ofsuspension must be handled with due circumspect andvigilance.

EXPRESS CONTRACTUAL PROVISIONS

General

From the foregoing discussion it is apparent that moststandard forms of conditions of contract make no provisionwhatsoever for the eventuality of suspension,concentrating instead on determination or termination ofemployment. Only as of recent have the newer standardforms attempted to specifically incorporate suitably draftedclauses to cater for the suspension of works; notableexamples 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 ElectricalWorks: The applicable express provision is clause 29:Suspension of Works, Delivery or Erection.

● PUTRAJAYA Conditions of Main Contract: Under theinstant form, the issue of suspension is dealt withvide clause 58.0 19.

Comments on the Provisions

Cognisance should be taken of the following matterspertaining to the express contractual provisions:

● Except for clause 19 CIDB Form (2000 Edition), clause29 IEM.ME 1/94 Form and clause 58.0 PutrajayaConditions of Main Contract, the rest of the commonlocal standard forms of conditions of contract e.g.the JKR Forms, the PAM ‘98 Forms, the IEM.CE 1/89and CES 1/90 Forms, the Putrajaya Conditions ofNominated Sub-Contracts, etc. have no expresscontractual provisions covering the issue ofsuspension. Hence, for the latter forms neither theemployer has an express power to order suspensionnor the contractor the right to suspend works underthe contract;

● Even where express stipulations have been enshrinedin the conditions of contract, it is obvious that theseare blatantly one-sided i.e. they are intended toempower only the employer to suspend or order

suspension of the works. The contractor has no similarrights although under sub-clause 29.1 of the IEM.ME1/94 Form, the contractor has a limited avenue ofsuspension under the so called ‘deemed’ or‘constructive’ suspension provision. However, eventhe latter is of very restricted nature and application;

● The common express provisions as listed hereaboveessentially encompass the following facets of thesuspension mechanism:

1. The power of the contract administrator to ordersuspension;

2. The circumstances or situations in which suchpower can be exercised;

3. The formalities pertaining to the ordering of thesuspensions;

4. The procedural requirements vis-à-vis issuesconsequent to the suspension such asresponsibilities of the contractor, cost and timeimplications, effect of prolonged suspension andresumption of work following suspension.

5. Miscellaneous formalities and proceduralrequirements.

● Prima facie, the said express provisions give thecontract administrator an apparently wide orunfettered power to order suspension of work in termsof scope, timing and manner.

● The duty of compliance to a properly issued orcontractually valid suspension order is on thecontractor; and

● The form of the suspension order is envisaged to bein an express mode i.e. through a formal instructionissued by the contract administrator. However, theIEM.ME 1/94 Form vide sub-clause 29.1 makesprovision for the so called ‘deemed’ suspension orderin the limited circumstances spelt out in that sub-clause. However, such a mode is unique only to thesaid IEM Form.

PRINCIPAL PURPOSES FOR SUSPENSION

General

Contrary to popular belief, suspension is, and remainsa convenient mechanism at the disposal of the contractingparties to address specific issues during the currency ofthe contract without incurring liability for breaching thecontract in any way. In most instances, suspension affords

18. [1979] 16 BLR 78.19. Entitled ‘Suspension of Works’.

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the parties the necessary opportunity to take a ‘breather’i.e. freeze the contract or hold it in abeyance whilstreflecting upon or reassessing particular issues beforeresuming or restarting the contract with the benefitobtained therefrom.

The necessity for such an eventuality arises in mostcontracts either by chance or by design. Specificproblems occurring during the progress of the workse.g. the breakdown of the contractor’s quality assurancesystem, the reassessment of the design by theconsultants, etc. may compel a suspension to beeffected. Factors beyond the parties’ control e.g.governmental policy changes, legislative amendments,etc. may on other occasions trigger a requirement foran appropriate postponement of rights and obligationsunder the contract inclusive of the progress of work.

Be that as it may, in the final analysis, there are inmost contracts compelling grounds or reasons for boththe employer and the contractor 20 at one time or anotherto initiate or resort to the suspension of works.Although there are in specific instances commonreasons or grounds for effecting the same, in generalthe principal purposes show marked variance betweenthe different parties. Owing to this distinct difference,each of the principal parties will be dealt withseparately.

Employer’s Purpose

A review of the common express contractualprovisions 21 reveals the fact that though suchstipulations give the contract administrator anapparently absolute discretion to suspend works underthe contract as he deems necessary, the rationale behindsuch exercise of power is not specified. Prima facie,such clauses therefore appear one-sided and on the facevalue inequitable. However, if one were to delve deeperinto the matter, it is apparent that there may be validgrounds for the employer to resort to suspension inany particular situation. Various reasons have beenproffered by leading authorities 22 in the engineering/construction field to justify the employer’s invokingthe instant mechanism; a summary of which is appendedherebelow:

● Reassessment of the design of the works;

● Change in the employer’s requirements;

● Adverse weather conditions affecting the safetyand/or quality of the works or people engagedthereon;

● Breakdown of the contractor’s quality assurancesystem;

● Contractor’s default or unsatisfactory performance;

● Access and possession of site problems;

● Site safety considerations;

● Unforeseen conditions encountered;

● Unexpected restrictions imposed on the works;

● Pre-planned closures; and

● Changes in authority requirements and/or legislativerequirements.

A more compelling reason of late is the financialdifficulty faced by employers in terms of temporary lackof funds or cash flow problems. Though prima facie, aseemingly valid reason prompting the justification ofsuspension, it has been dismissed as an abuse of the saidprovision by many authorities. As an example, Egglestonopines 23:

‘From the clause ………. and its wording it is clearlyintended principally for practical matters relating towhen and how the works are constructed and not tofinancial matters’

Despite the above-mentioned position, it has notprevented employers from expressly listing temporary lackof funds as one of the relevant suspension events. Intandem with contractual stipulations of the like of‘Determination by Convenience’, suspension on financialgrounds is beginning to feature commonly in ‘bespoke’forms on the local scene.

Contractor’s Purpose

It is obvious that none of the common local standardforms of conditions of contract makes any provisionwhatsoever for the contractor to suspend works underthe contract no matter how valid a ground he may have.However, this does not mean that the said deficiencyshould, and has been overlooked by fair-mindedpractitioners inclusive of the contractors themselves. Agood proportion of ‘bespoke’ forms afford the contractora commensurate right to suspend works; these beingpremised on the following principal grounds:

● Failure of the employer to pay on interim certificates;

● Reassessment of design of works where the designelement is included in the contractor’s scope ofwork 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.

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● Adverse weather conditions affecting the safety and/or quality of the works or people engaged thereon;

● Specific defaults of the employer or the contractadministrator 25;

● Site safety considerations; and

● Unforeseen conditions encountered;

Of the many grounds listed hereabove, failure of theemployer to effect payment remains the main reason wherecontractors feel entitled to suspend works until theemployer remedies the default. This is especially so wherethe conditions of contract do not make failure to pay aground for permitting the contractor to determine hisemployment.

PROCEDURAL REQUIREMENTS

General

For the suspension to be tenable at law not only mustit comply with the substantive matters but also theprocedural requirements expressly stipulated in thecontract. Otherwise it may constitute a breach of contracton the part of the party initiating the suspension with itsdire consequences. With the said proposition in mind, itis necessary to examine the procedural requirements vis-à-vis the issue of suspension from the employer’s pointof view since such a remedy seems to be available only tothe latter in the applicable standard forms 26.

Suspension Procedure

Under the CIDB Form, IEM.ME 1/94 Form andPutrajaya Conditions of Contract, the following principalprocedural requirements can be noted:

● The respective conditions of contract empower onlythe contract administrator to order a suspension ofthe 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.)’: PutrajayaConditions of Main Contract

It should be appreciated that none of these formsbestow a commensurate power on the employerhimself. Hence, he must act through the contractadministrator;

● The contract administrator may suspend work onlyby means of an instruction issued formally to thecontractor. Although clause 58.01 of the PutrajayaConditions uses the terminology of a ‘written order’,it essentially refers to an instruction in line with the

other forms. Presumably the suspension instructionmust comply with the relevant formalities andprocedural requirements applicable to a typicalinstruction under the particular form of contract;

● By virtue of the instruction, the contract administratoris permitted to order suspension of the execution of:

1. Part of the works; or2. The whole of the works

The above includes the suspension of the delivery ofplant or equipment to site and the erection of suchitems already delivered to site 27.

● The contract administrator may issue such instructionas and when he so desires and for such time or timesand in such manner as in his absolute discretion isconsidered necessary. He does not need to give anyreason/justification to the contractor for the exerciseof the same. Hence, the contract administrator’s powerto order suspension appears indeterminate andunfettered. This is subject to an implied obligationto exercise the absolute discretion bestowed on himon objective grounds although, prima facie, appearingpurely subjective. Should the discretion be abusedi.e. ordering of suspension on purely financial groundswhere such grounds are not enshrined in the contract,the contractor has a right to mount a challenge onthe basis of mal-administration of the contract;

● The instruction to suspend work must stipulateessential matters such as the extent and nature of thework involved and the timing for the commencementof the suspension. In emergency situations e.g. wheresafety issues are concerned, such suspension ordersmay be of immediate effect. For others e.g. need toreassess design, change in employer’s requirements,etc. a reasonable notification period is usually given28; and

● Cognisance should be taken of the fact that theinstruction to suspend work may not necessitate theissue of a formal instruction at all under certainconditions of contract or in the case of ‘constructive’suspension. As an illustration, by virtue of clause29.1 of the IEM.ME 1/94 Form, should the engineerprevent the contractor from delivering or erectingPlant in accordance with his approved programme,this is deemed to be considered to be an instructionto suspend. Therefore, one should be mindful of theprecise wording of the applicable clause and the

25. A good example would be the specified events in the CIDBForm (2000 Edition).

26. Furthermore, it is the most common form of suspension inpractice.

27. See clause 29.1 IEM.ME 1/94 Form.28. E.g. between 7 to 14 days as appropriate.

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implied effects of the parties’ acts or omissions inrelation to their rights and obligations under thecontract.

Contractor’s Duties Following Suspension

Upon receipt of the order to suspend works from thecontract administrator, the contractor has forthwith toadopt certain measures consequent to the said order. Thesemeasures must be in line with the relevant contractstipulation e.g. clause 19.1 (a) of the CIDB Form (2000Edition) which reads:

‘The contractor shall on an instruction of theSuperintending Officer, suspend the execution of theworks or any part of the works …… and shall duringsuch suspension, properly protect and secure the worksor such part of the works so far as is necessary or inaccordance with the instruction of the SuperintendingOfficer’.

Since the contractual provisions are never completeand exhaustive, the bulk of the required measures haveto be established by necessary implication. The essentialprocedural arrangements would generally include 29:

1. Contractor to Suspend Works

The initial response of the contractor should be tocomply with the suspension order effective on thedate named in such order by discontinuing all worksunder 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 andequipment; and

c) Ceasing to undertake all other activities oroperations in relation to the works under thecontract e.g. design work, appointment of sub-contractors, etc.

Since most contractors would have farmed out thebulk of the elements under the contract to a host of sub-contractors/suppliers, it would be incumbent for the formerto accordingly initiate the commensurate suspensiondownstream. This exercise should not pose any problemas 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 activitiesrelated both to site work and ‘off-site’ disciplines, itwould be prudent for the contractor to undertake ademobilization of resources for the anticipated

duration of the suspension. Human resources, plant,equipment can be reassigned, if possible, as necessary,in an attempt to mitigate the full rigours of thesuspension. A skeleton staff essential to undertakethe remaining duties during the suspension periode.g. security and maintenance of site, preparation ofclaims, other administrative duties, etc. should bemaintained as these may be eventually paid for bythe employer.

3. Contractor to Secure and Protect the Works

The contractor’s duty to secure and protect theworks so far as is necessary in the opinion of thecontract administrator during the period of suspensionis not only an implied requirement but in additionexpressly stipulated in most standard forms ofconditions of contract 30. Furthermore, there is ofteneither an implied or express necessity for thecontractor to maintain the works in question for thesaid period.

In assigning this responsibility to the contractor,the consequent risks during the suspension periodare accordingly passed on to him. He then remainsprimarily liable for the security of the works,protection against the elements and deterioration fromforeseeable causes, etc. In discharging this duty, thecontractor is expected to implement only reasonablesteps within the context of the contract and no more.Should measures over and above the norm benecessary, he must seek the consent and direction ofthe contract administrator as at the end of the daythe employer has to ultimately reimburse thecontractor for the same.

Position Post Expiry of Suspension Period

Suspension, being essentially of a temporary nature,can be of a limited period only. This fact is supported bythe various express provisions which stipulate a definiteduration for any one suspension order; examples of suchlife spans being:

1. IEM.ME 1/94 Form: Maximum 84 days 31

2. Putrajaya Conditions of Main Contract: Maximum150 days 32

3. CIDB Form (2000 Edition): Maximum of 3 months 33

29. See ‘Law and Practice of Construction Contract Claims’ byChow Kok Fong at P 170 & 171.

30. See Clause 19.1 CIDB Form (2000 Edition), Clause 58.01Putrajaya Conditions of Main Contract, etc.

31. Clause 29.432. Clause 58.0333. Clause 19.2 and Appendix to Conditions

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Following the issue of a typical suspension order tothe contractor, the situations as listed hereunder canoccasion:

1. The contract administrator lifts the suspension byinstructing the contractor to resume work beforethe suspension period is over; or

2. The contract administrator instructs the contractorto resume work upon the lapse of the suspensionperiod; or

3. The contract administrator expressly extends thesuspension period by a definite time either beforethe original suspension period is over or upon itslapse; or

4. The suspension period lapses and the contractadministrator gives no instruction whatsoever tothe contractor.

The 1st and 2nd situations have clear implications asthese are usually contractually valid and have theconsequential effects well spelt-out. The contractorunder such scenario would adopt a series of measuresi.e.:

1. Resume with the works i.e. recommence with allwork related activities such as construction,erection, installation, ordering, delivery of materialsto site, etc.;

2. Remobilise all necessary resources to resume withthe works under the contract.; and

3. Proceed with his relevant claims for additionalcosts, extension of time, etc. to cover the suspensionperiod.

In contrast, the 3rd and 4th situations are problematicas under such scenarios the contractor’s position is lesswell defined; being vague and nebulous. Labeled as‘Prolonged Suspension’ is most standard forms 34, thegeneral procedure for the contractor to follow underthese circumstances can be reduced to the steps as listedherebelow:

1. The Contractor to Determine Whether theSuspension Period Had Lapsed

Before the contractor can initiate any action,he must establish that the suspension falls underthe contractual definit ion of ‘ProlongedSuspension’. Hence, he must establish whether thesuspension has actually exceeded the periodpermitted under the contract i.e. 84 days, 150 days,3 months, etc. as applicable.

2. The Contractor to Establish Reasons for theProlonged Suspension

Unless the suspension is due to the followingreasons, the contractor has a right to invoke theconsequential steps to deal with the prolongedsuspension 35:

● Expressly provided for in the contract e.g. clause19.2 CIDB Form (2000 Edition), clause 58.03Putrajaya Conditions of Main Contract, etc.; or

● Necessary by reason of the contractor’s defaulte.g. clause 29.4 IEM.ME 1/94 Form, etc.

3. Contractor to Notify Contract Administrator forPermission to Proceed With Works

Should the reasons for the prolonged suspensionbe neither expressly provided for in the contract norattributable to the contractor’s default, the contractormay serve a written notice to the contractadministrator for permission to recommence or resumewith the suspended works in whole or part (asapplicable) within a stipulated period of receipt bythe latter of the said notice.

The period stipulated in the above notice is usuallyprescribed in the applicable contractual provision;common examples include:

● 14 Days: Clause 19.2 CIDB Form (2000Edition); and

● 28 Days: Clause 29.4 IEM.ME 1/94 Form andClause 58.03 Putrajaya Conditions of MainContract

Where no such period is expressly indicated, bynecessary implication it is to be taken as a reasonabletime under the particular circumstances.

4. The Contract Administrator To Make Decision andRespond Accordingly

Upon receipt of the contractor’s notice, the contractadministrator has to make a considered decision andrespond appropriately within the period stipulated inthe notice 36. Should the said decision be in line withthe contractor’s application, the suspension isaccordingly lifted and the contractor can resume withthe works in question. However, if permission toproceed with the works is not granted, the contractoris entitled to initiate the next step in the proceduralchain 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 ofMain Contract.

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5. Contractor to Exercise Right of Election

If permission is not granted by the contractadministrator within the time prescribed in thecontractor’s notice of application, the contractor hasto decide on the next course of action to be adopted.The option to be exercised is dictated both by theextent of work affected by the suspension and theremedies permitted contractually. These include:

● In the case where the suspension affects the wholeor substantially the whole of the works, thecontractor is entitled to:

1. Determine his own employment i.e. if hiscontract contains a clause to this effect:Clause 19.3 and 45.1 CIDB Form (2000Edition); or

2. Terminate the contract i.e. if the contractexpressly permits: Clause 29.4 and 37.1IEM.ME 1/94 Form; or

3. Treat the suspension as a Termination forConvenience of the Contract by the Employerwhere the contract prescribes this remedy:Clause 58.03 and 60.0 Putrajaya Conditionsof Main Contract.

● In the case where the suspension affects only apart or section of the works, the contractor maytreat such suspended part as an omission 37 underthe 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 MainContract.

Whatever option is adopted by the contractor it mustbe communicated forthwith to the contract administrator.Though only the Putrajaya Conditions of Contract 38

prescribe the form of the said notice, it is advisable forthe contractor to effect the same through a written notice.

A further point to note is as to the unique third optionafforded to the contractor by the IEM.ME 1/94 Form 39 i.e.where the contractor decides to treat the prolongedsuspension as neither a termination nor an omission. Insuch an eventuality the contractor can request theemployer to take over the responsibility for protection,storage, security and insurance of the suspended worksand the risk of loss or damage shall thereupon pass on tothe Employer. Whilst this option has been expresslyprescribed under the conditions of contract, its validityand practicality in actual practice is uncertain since ithas been hardly adopted. It is a moot point as to whethersuch an option can in reality result in a viable option inthe event of the contract administrator’s failure to respond

to the contractor’s application in a prolonged suspensionscenario. However, since it has been stipulated in one ofthe standard local forms, its availability and ambit shouldbe taken cognizance of.

CONTRACTOR’S ENTITLEMENTS

General

Unless the reason for the suspension ordered by thecontract administrator is primarily due to the contractor’sdefault or otherwise provided for in the contract, the latteris generally entitled to the following entitlementsconsequent to the suspension of works 40:

● A commensurate extension of time to the contract tocater for the suspension period; and/or

● Reimbursement for the extra cost incurred in givingeffect to the suspension ordered.

The above listed broad categories of entitlements areprimarily meant to compensate the contractor for the usualconsequences of the disruption to the progress of his works.Most contracts have express stipulations or formulae tocater for these eventualities; notable examples of suchprovisions 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, prescribein addition to the valuation methodology, also theprocedural requirements e.g. notification, etc. for thecontractor to pursue in seeking the necessaryreimbursements. It should be noted that in the absenceof express contractual stipulations governing thecontractor’s entitlement, the common law principles wouldhave to be accordingly applied.

Extension of Time Entitlement

The general rule is that the contractor is entitled to anextension of time to the contract for any disruption to hisprogress of works i.e. if it affects the whole of the works.Should the suspension be limited to a part or section ofthe works only, extension can be considered if the affectedpart or section of the works lies on the critical path 41 andany float, if allotted, does not belong to the employer.

37. or a variation.38. See Clause 58.03 stipulating the ‘written’ mode.39. See Clause 29.5.40. 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.

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In establishing the contractor’s entitlement to anyextension of time to his contract, the principles andprocedures in relation to this subject have to be strictlycomplied. Of particular concern are the following pre-conditions:

● There must be enshrined in the contract a clausepermitting extension of time in the first place; and

● One of the relevant grounds or events stipulatedtherein should cover the instant eventuality i.e. ofsuspension of works.

Examining the various standard forms of conditionsof contract permitting suspension, it is apparent that theysatisfy the above pre-conditions to the following effect:

● CIDB Form (2000 Edition) 42

1. 1st pre-condition: Clause 24 Delay and ExtensionOf Time

2. 2nd pre-condition: Sub-clause 24.1 (k)

● IEM.ME 1/94 Form

1. 1st pre-condition: Clause 31.2 Extension Of Timefor Completion

2. 2nd pre-condition: Sub-clause 31.2 (g)

Interestingly, the Putrajaya Conditions of MainContract do not contain an express ground to extend timeto the contract due to suspension of work. Hence, undersuch circumstances, the only option available to theEmployer’s Representative would be to instruct thecontractor to accelerate works pursuant to clause 43.06in order to recover the period of delay occasioned by thesuspension. Where such recovery is wholly or partly notcapable of being practically achieved, the employer mayinevitably compromise his rights pertaining to liquidateddamages.

Cost Entitlements

The applicable formula governing the contractor’sentitlement to the various additional costs entitlementconsequent to the suspension are usually stipulated inthe respective conditions of contract. Such expressprovisions in general spell out the relevant matterspertaining 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 specialpre-conditions

1. The Heads/Components of the Costs Claimable

Here again, the different forms approach this subjectin varying fashions. The CIDB Form 43 does not definethe components of the cost entitlement but vide clause19.1(b) merely labels these as ‘Loss and Expense’. Ina similar vein clause 58.02 of the Putrajaya Conditionsof Main Contract underlines the contractor’s right toadditional expenditure by reason of a suspension ordergiven by the Employer’s Representative withoutdelving into further details or classification. TheIEM.ME 1/94 Form on the other hand whilstmaintaining the ‘broad brush’ approach of the twopreviously mentioned forms, however, is a bit moregenerous with the description and classification ofthe contractor’s entitlement; these being reflected inclause 19.2 44 and 19.3 45 respectively.

In the absence of and notwithstanding any expressstipulations as previously considered, the costentitlements of the contractor 46 can be basicallybroken down into a number of principal heads orcomponents as listed hereunder 47.

● Additional costs incurred in protecting, securingand maintaining the works for the period ofsuspension;

● Reasonable costs involved in the demobilizationprocess following the suspension order andremobilization upon the resumption of the works;

● Additional costs, charges and/or premiums inextending the various insurances, performancebonds, guarantees, warranties, etc. incurred dueto the suspension;

● Reasonable expenses incurred due to thesuspension of sub-contracts and purchase orders,cancellation charges (if incurred), storage andwarehousing charges, etc. during the period ofsuspension;

● Compensation for the contractor’s maintenanceof its organization, plant and equipments, etc.which have been committed to the project or partof it affected by the suspension 48;

42. See also Clause 19.1(b).43. Form of Contract for Building Works [2000 Edition].44. Entitled ‘Cost of Suspension’.45. Labeled ‘Payment in Event of Suspension’.46. Whether described as ‘Loss and Expense’ or ‘Cost of Suspen-

sion’, etc.47. See also ‘Law and Practice of Construction Contract Claims’

by Chow Kok Fong at P 171.48. Ibid.

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● Additional costs incurred by the contractor owingto the adverse effect of the suspension processon the contractor’s performance of the remainderof the work following the lifting of the suspensione.g. loss of productivity, inefficient sequencingof the work, abortive work, etc.; and

● Other miscellaneous additional costs, chargesand/or expenses which can be proven attributableto the suspension.

2. The Exceptions To The Right of Recovery

The contractor’s entitlement to the right ofrecovery is curtailed by any exceptions agreed to bythe parties and as expressly enshrined in the contract.Once more, the number and types of such exceptionsdiffer according to the particular conditions ofcontract employed. Hence, these stipulations mustbe strictly construed and adhered to.

A. IEM.ME 1/94 Form

By virtue of clause 29.2 the contractor is not entitledto be paid any additional cost if the suspension isnecessary by reason of a default on the part of thecontractor.

B. CIDB Form (2000 Edition)

Clause 19.1(b) lists out the exceptions as:

a) Express provisions in the contract denying therecovery of additional costs 49; or

b) Where the suspension is necessary because of thecontractor’s default or breach of contract; or

c) Where the suspension is necessary for the properexecution of the works; or

d) Where the suspension is necessary for the safetyof whole or any part of the works.

C. PUTRAJAYA Conditions of Main Contract

The exceptions stipulated under clause 58.02 include:

a) Express provisions in the contract denying therecovery of additional costs;

b) Where the suspension is necessary because of thedefault of the contractor, his sub-contractors /suppliers, etc.;

c) Where the suspension is necessary by reason ofadverse weather conditions;

d) Where the suspension is necessary for the properexecution of the works;

e) Where the suspension is necessary for the safetyof the works;

f) Where the suspension is necessary by reason ofdirection/order of any statutory/governmentalauthorities

As a general rule, unless the contractor can showthat either the stipulated exceptions are inapplicableor are not relevant on the facts, his right of recoveryof additional costs or loss and expense by reason ofthe suspension will be likely to be compromised.

3. The Procedural Requirements

In seeking a commensurate compensation to theloss and expense suffered or additional costs incurredby reason of compliance with the suspension order,the contractor must follow any procedural requirementsexpressly spelt out in the conditions of contract inforce. The common standard forms have expressstipulations to this effect; compliance with which is anecessary pre-requisite to the contractor’s satisfactoryrecovery. The following pertinent points need to betaken note of in relation to some of the salient featurespertaining to the procedure to be adopted:

● The contractor is required to notify the contractadministrator of his intention to make a claim 50;

● The notice must be in writing and must be madewithin a stipulated period after the receipt of theorder to suspend works. This period is normally:

a) 28 days: Clause 29.2 IEM.ME 1/94 Form andClause 58.02 Putrajaya Conditions of MainContract; or

b) 30 days: Clause 32.1 CIDB Form (2000Edition) 51

● The contents of the notice should specify:

a) The event giving rise to the claim and itsconsequences 52;

b) An estimate of the likely daily cost 53 or thevalue of the loss and expense 54; and

c) Any other relevant information e.g. theappropriate contract reference, etc. 55

49. Or as labeled ‘Loss and Expense’.See Clause 29.2 IEM.ME 1/94 Form, Clause 58.03Putrajaya 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.

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● Within a reasonable period 56 of the issue of thenotice by the contractor or at such times asmutually agreed to by the parties, the contractormust submit to the contract administrator allrecords and documents to substantiate the claim;

● Upon receipt of the contractor’s claim togetherwith the supporting documents, the contractadministrator must check these for sufficiencyand accuracy. Should there be a necessity torequest for further and better particulars, thecontract administrator must initiate theappropriate procedural steps to effect the same;

● If upon the receipt of all relevant information,the contract administrator is of the opinion thatthe contractor is contractually entitled toadditional expenditure by reason of thesuspension order issued, he shall ascertain theextra costs incurred and add it to the Contractprice; and

● The amount due shall be included in anypayment certified by the contract administratorand disbursed within a reasonable period of thecontractor’s submission of all the relevantdocuments and/or records.

Most standard forms of contract are worded to theeffect that the condition precedent to the contractor’sright to recover the additional costs being the issue ofthe notice of intention to claim within the stipulatedperiod e.g. clause 29.3 IEM.ME 1/94 Form, Clause 58.02Putrajaya Conditions of Contract and Clause 32.1 CIDBForm (2000 Edition). As to whether non-compliancewith such a condition precedent is fatal to the contractor’sclaim is a moot point depending as to whether such aprovision is construed as a mandatory requirement. Toobviate the possibility of a claim being rendered invalidby reason of the breach of such a provision, it is advisablefor contractors to comply as far as is reasonablypracticable to its stipulations unless extenuatingcircumstances or reasons beyond the contractor’s controlrender such compliance impossible.

CONCLUSION

Suspension and determination are two disparatetopics that arise quite frequently in engineering/construction contracts. Though appearing at first blushto be distinct, they do however have a nexus in thatunder certain conditions of contract they share commongrounds for disrupting the flow of the work under acontract. In particular circumstances, suspension anddetermination represent alternative remedies for theparties in the event of any default and/or breach on part

of the other. Coupled with repudiation and frustration,both suspension and determination serve as the commonmechanisms for stopping the works under the contract;whether these be on a temporary or permanent basis.

Suspension is seldom encountered in everydaypractice; a fact evidenced by the dearth of correspondingexpress provisions in the common forms of conditionsof contract being employed in this country. However,this apparent lack of emphasis does not negate the factthat suspension is, and does, represent an importantmechanism for the parties to temporarily stop or freezethe works and/or their rights and obligations under theircontract due to various reasons. More importantly, itdoes serve a secondary purpose of allowing the partiesto address specific areas of concern e.g. reassessment ofdesign, review of safety measures, etc. without havingto breach the contract and thereby incur theconsequences of perhaps repudiating the contract. Hence,it is timely for practitioners to appreciate the legal andprocedural intricacies of this important but often ignoredarea of contract implementation by according it dueconsideration in practice.

REFERENCES

1. Bockrath, J. ‘Contracts and the Legal Environmentfor Engineers and Architects’ [5th Edn.], McGraw Hill.

2. Chappel, D. ‘Parris’s Standard Form of BuildingContract’ [3rd Edn.], Blackwell.

3. Chow Kok Fong ‘Law and Practice of ConstructionContract 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 andEngineering Contracts In India’ [4th Edn.],Butterworths.

6. Harbans Singh K.S. ‘Engineering and ConstructionContracts Management: Post-CommencementPractice’, Lexis Nexis/Butterworths.

7. Knowles, R. ‘100 Contractual Problems and TheirSolutions’, Blackwell Science.

8. Murdoch, J. & Hughes, W. ‘Construction Contracts’[3rd Edn.], Spon Press.

56. 30 days in the CIDB Form: Clause 32.3

BEM

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The WTO And The South:Implications And RecentDevelopmentsBy Martin Khor, Director, Third World Network

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The Northern InitiativeFor A MultilateralInvestment Agreement

By far, the most important “newissue” being promoted by Northerncountries in the international arenais investment policy per se. What wasdropped in the Uruguay Round TRIMsnegotiations, as a result of strongopposition from the South, is nowbeing pushed with tremendous energyand resources. The investmentinitiative is being promoted in twofora: the WTO and the OECD. Theobjective is to establish aninternational agreement that widensthe rights of foreign investors farbeyond the current position in mostdeveloping countries, and to severelycurtail the rights and powers ofgovernments to regulate the entry,establishment and operations offoreign companies and investors. Thisinitiative is currently also the mostimportant development in attempts toextend the scope of globalisation andliberalisation.

The agreement is termed theMultilateral Agreement onInvestments (MAI) in the OECD andthe Multilateral InvestmentAgreement (MIA) in the WTO context.For the proponents, the desiredcontent of both is basically similar.The MAI is being negotiated by the28 members of the OECD and isexpected to be completed by May orlater in 1997, whereupon non-OECDcountries (who have not been invitedto participate in the negotiations) willbe invited to also join. The MIA hasbeen informally pushed, particularly

by the European Union, at the WTO.Owing to growing opposition to suchan MIA by many developing counties,the Northern countries insteadproposed a “study process” in theWTO to examine the links betweentrade and investment. They enlistedthe support of some developingcountries. This was endorsed by theWTO Ministerial Conference inDecember 1996, which established anew WTO working group to examinethe relationship between trade andinvestment. In the working group, theproponents are expected to advocateupgrading the study process tonegotiations that would eventually toan MIA.

The process began in the WTO inMarch 1995, when the EU held abriefing for several Third World tradediplomats in Geneva, where itcirculated an EC paper, “A levelplaying field for direct investmentworldwide”. It is clear form this paperthat the proposed agreement wouldoblige signatory governments to:

● Grant free access for foreigninvestments. Foreign firms willhave the right to enter andestablish themselves, with 100 percent equity, in all sectors andactivities except security.

● Grant “national treatment” toforeign investors. Foreigncompanies would be treated in a“non-discriminatory” way likelocal firms. Policies that nowfavour local companies, banks andprofessionals will have to bechanged. Foreigners and foreign

firms would have full rights toown land and real estate and toreceive government aid, subsidiesand contracts, just like locals.

● Take further “accompanyingmeasures” (such as the right to fullprofit repatriation, changes to taxand company laws to removeexisting favourable treatment tolocals, etc.) so as to createfavourable conditions for foreigninvestors. The rules beingproposed by the EU, and whichenjoy support from otherdeveloped countries, have thusbeen resurrected from the UruguayRound negotiations on TRIMs,where they had been rejected bydeveloping countries as being notrelevant to the GATT’s mandate.

The newly proposed rules still gofar beyond the current and legitimateconcerns of the WTO, which aresupposed to be restricted to tradeimplications of investment measures.Compared to the WTO’s presentmandate in investment, which isconfined to “trade-related”investment measures, the EU proposalwould extend the scope of the issueto national policies, conditions,regulations and operations of foreigninvestments per se and as a whole.With the MIA, the WTO would noloner be a “trade organisation”, butbecome an agency with the extrapowerful function of regulatinginvestments worldwide. This would ofcourse be a very major extension ofthe WTO’s powers. It would also meanthe extension and application of the

Part 2

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WTO’s principles and its system ofdispute settlement (including the useof trade sanctions and traderetaliation) to investment policy.

The acceptance of such a MIAwould have the most profound effectson the behaviour, operations andeffects of foreign investmentsworldwide, and on each country.Transnational companies would havethe greatest freedom and rights toconduct business all over the world,free from many governmentregulations they now face. On thereverse side, it would mean thatgovernments would no longer havethe right or the power to draw up theirown basic policies or laws regulatingthe entry, behaviour and operationsof foreign enterprises in theireconomies. Existing national laws andpolicies that place restrictions onforeigners would have to be cancelledor altered to fit the new multilateralinvestment treaty.

This would of course have seriousimplications since most developingcountries now have policies thatdeliberately seek to promote domesticcompanies and to protect citizensfrom excessive control of theeconomy by foreign firms.

The MIA proposal attracted anegative response from theinternational NGO community. Ajoint NGO statement signed by over200 groups stated: “Such a proposalwould abolish the power andlegitimate right of states and peopleto regulate the entry, conditions,behaviour and operations of foreigncompanies and foreigners in theircountry. This is a prime andfundamental sovereign right which isessential for any country to determineits own economic and social policies.This is a precious right which isespecially vital for developingcountries to protect. This is becausethe domestic sector (comprising localfirms, local farms and the publicsector) has been weakened throughcolonialism and still requires a longerperiod of capacity building.

“The ability to regulate foreigncompanies as part of economic policyis obviously crucial to enabledomestic capacity building whichwould eventually allow local

enterprises to compete successfully inthe economy. This removal of theright of developing countries toregulate the area of investment, wouldeffectively close the possibility ofdomestic economic capacitybuilding.”

The NGOS stressed they are notagainst foreign investments per se, asthey recognised that “foreigninvestment may have a relevant andindeed significant role to contributein the development process.” They,however, believed that this role hasto be placed in an appropriate policycontext, which “requires thatgovernments continue to be given theright to regulate the terms andconditions for the entry and operationof foreign investment in the varioussectors.”

The concerns of the NGOs havemuch merit. The experience ofSoutheast Asian countries withforeign investment is illuminating inthis context. These countries havesuccessfully attracted large volumesof foreign investments but thecompanies have to operate withinsophisticated regulatory framework.For instance, foreign investors maybe welcome in some sectors(manufacturing, oil production) butlocal firms may be given preferencein others (for example, plantation,agriculture). Even in manufacturing,there are policies in many countriesrestricting full equity rights, requiringforeign investors to enter jointventures with locals. In the sensitiveservices sectors, many developingcountries restrict the operations offoreign firms in banking, otherfinancial institutions, media and theprofessions.

In Malaysia, for instance, the NewEconomic Policy was formulated toincrease the share of Malaysians inequity ownership in the modernsectors. The NEP requires that citizensshould own a certain percentage ofshares of companies and restricts thepercentage of equity that foreignerscan own in various sectors. In 1970,foreigners owned 70 per cent of thetotal share equity. Today the share hasfallen to probably about 30 per cent,whilst the share of the bumiputracommunity has risen from two to

around 20 to 30 per cent. There areregulations that require foreign banksand insurance companies toincorporate themselves as localcompanies; that restrict the ownershipby foreigners of houses and land; thatlimit the scope of operations offoreign banks; and that protect thebusiness of local businesses andprofessions. It has been argued thatwithout such “social engineering”policies, Malaysia would not haveenjoyed the political stability nor thebuilding up of the domestic sector,that underlie the country’s socio-economic development.

There are compelling reasons whyprotection of locals in the area ofinvestment and the right of countriesto regulate foreign investments isnecessary in developing countries:

● Given the colonial legacy, localfirms and farms are still too weakin many sectors to compete withlarge foreign firms. Giving totalaccess to foreign investmentswould put many local enterprisesout of business, leading to loss ofjobs and livelihoods.

● To retain a meaningful measure ofsovereignty over nationalresources and economic activity )a principle affirmed by several UNCharters and Declarations),developing countries require theright to limit the degree of foreignownership overall and particularlyin crucial resources (such as land)and sectors (such as finance).

● To avoid a structural problem inthe balance of payments,governments should have theability to regulate foreigninvestments in such areas asequity share (so that some of theprofits will be locally owned andretained), profit repatriation (sothat there is sizeable reinvestmentof profit) and import limitation (toprevent excessive import of capitaland intermediate goods)

● To develop local enterprises(including small farmers),governments must have the rightto promote growth through

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subsidies or preferential policies,at least until such time when theycan compete on more equal termswith the larger foreign firms.Removing the right to treat localsmore favourably could wellforeclose the possibility ofdomestic enterprise developmentand perpetuate or worsendependence on foreign firms.

● The proposed treaty would alsoremove from governments the useof a key instrument ofmacroeconomic, financial anddevelopment management.

An additional reason to be waryof having an MIA process in the WTOis that the WTO is an agency in whichtrade retaliation or sanctions can beapplied against countries that do notlive up to their obligations.

The proposed MIA would have themost serious implications forcountries which have found itnecessary to regulate foreigninvestments and to promote thegrowth of local firms. “Trade andinvestment” is therefore not a“technical trade issue” that can be leftto trade officials on the negotiatingfield alone to handle. It is primarilyan issue with great economic, socialand political significance as it willhave such an important bearing oneconomic sovereignty, ownershippatterns, the survival of localenterprises, business and farms,employment prospects as well associal and cultural life.

The MIA proponents argue suchrules are the best way to promote theentry of foreign investments into theSouth. Most developing countriesindeed are trying their best to attractforeign investors. The issue, however,is not the desirability or otherwise offoreign investments. It is about theright of governments and peoples tochoose the pattern and ownership ofinvestments they want for theircountries, and in that context, thetype of foreign investment theywelcome, in which sector, and underwhat conditions. The power toregulate foreign investment, to obtainbetter terms and benefits from them,and the right to enact policies to aid

the weaker local firms is essential toany country that wants to have acritical minimal degree of control overits economy and social life.

It should come as no surprise whythe industrialised countries areputting great efforts and pressure onthis issue. They would like theircompanies to operate much morefreely in developing countries andthus are asking that currentrestrictions and regulations beremoved. Gaining access to theresources and markets of the South,and to the right to invest and operatein the developing countries has beena major strategic objective of thegovernments and companies of theNorth.

It was this objective that largelyprompted the takeover of the ThirdWorld’s territories in the colonial era.The Opium Wars in China for instancewere sparked by British insistence onthe right to sell opium to China. Thisled to the progressive opening up ofChina not only to trade but toinvestment rights to imperial powersand to loss of territory, for instance,Hong Kong. The Chinese termed the“peace agreements” of the OpiumWars as the “unequal treaties.”

It was the need to recapturecontrol over resources and to havenational policies in favour of domesticrather than foreign interests thatspurred the anti-colonial strugglesthat finally led most colonies to winindependence. It would thus be a greatirony if the ex-colonial mastercountries were to succeed yet againto gain rights for their companies toestablish themselves and dominate theeconomies of the former colonies, thistime not through military conquestbut through the device of a treaty tobe agreed to by all parties. This wouldbe the modern version of the “unequaltreaties” with possibly the samedisastrous effects on many countries.

For it is likely that if governmentsare not allowed the powers to imposeregulations on foreign companies orto give a helping hand to domesticcompanies, then the bigger foreignfirms will overcome the local ones andwin an increasing share of thedomestic as well as internationalmarkets. The irony would be all the

greater should developing countriesagree to such rules without clearlyunderstanding their full significance.

Meanwhile, on a separate track,the industrial countries are alsohaving their own negotiations on aninvestment treaty (the MAI) within theOECD. The major features of the MAIare similar to the EC proposal on theMIA. The U.S. is reported to preferthe OECD as a forum for a stricterinvestment regime can be attainedthere. An OECD investment treaty (theMAI) could then be opened up to othercountries. The EC is said to prefer theWTO forum. One reason for this is itsbelief that the WTO’s disputesettlement system would give thetreaty “credibility.”

The OECD will complete its MAI(mulitlateral agreement oninvestment) by May 1997, uponwhich it will open the MAI for othercountries to sign on. Although somedeveloping countries can be expectedto be pressurised to sign on, non-OECD countries are of course notobliged to join an MAI negotiatedsolely by the OECD countries. theimminent emergence of an OECD MAIshould not be grounds for countriesto agree that the WTO negotiate asimilar issue. In fact this would set adangerous precedent. In future, theOECD countries can again negotiateother issues among themselves (suchas labour standards, human rights,corruption, etc.) and then again putpressure on WTO members to alsostart working groups on the sameissues.

Seeing that there is growingresistance to initiate negotiations ona MIA in the latter part of 1996, theMIA proponents watered down theirproposal to being an “educativeprocess” in the WTO with nocommitment that be negotiations foran agreement. At the WTO MinisterialConference in December 1996, thiswas accepted and a working grouphas been created to examine the tradeinvestment relationship without anyobligation that this would lead tonegotiations for an investmentagreement.

Based on the recent record ofnegotiations on new issues in theUruguay Round, there is a strong

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possibility that once an issue isaccepted as within the competence ofthe WTO even for an educativeprocess, there will be strong pressuresthat this would proceed intonegotiations and a treaty. Thepressures within the WTO towardsrule making make the WTO anunsuitable forum for an “educativeprocess” since there would be anatmosphere of tension, fear andsuspicion.

As some developing countries atthe WTO (and many NGOs) argued, amore suitable forum for discussionand an educative process would bethe UN where the issue can be seenin its many facets (especially thedevelopment dimension) and not onlyfrom the perspective of rule makingand the trading system. At theUNCTAD-9 Conference in Midrand inMay 1996, UNCTAD was given themandate to discuss the issue of tradeand investment and the implicationsof a MIA, at intergovernmental level.Thus, for the next few years,discussions and an educative processcould take place at this forum. Arisingfrom such a process, the role of thetrading system can be better clarified.

Nevertheless the case against astudy process in the WTO did notsucceed and the working group ontrade and investment will now beestablished. Developing countrieshave to prepare well for theforthcoming negotiations or else theymay be overwhelmed by the intensepressures of the developed countries.

The Singapore WTO MinisterialConference

(a) The Preparatory Process

The WTO’s first MinisterialConference was meant to be a “reviewconference” in which members weresupposed to review the UruguayRound results three years after itsconclusion and to enable members(especially the developing countries)to bring up problems they face inimplementing their Uruguay Roundobligations.

However, it was clear during thepreparatory process that review andimplementation was low on the

priority of developed countries. Theywanted to use the conference to givethe WTO a major push in wideningfurther the scope of issues under itsjurisdiction and to give furtherimpetus to global liberalisation. Theyput forward new issues which theywanted the ministers to endorse as thebasis for new working groups and awork programme for the next fewyears. These new issues were tradeand labour standards, trade andinvestment, trade and competitionpolicy, and transparency ingovernment procurement.

In the preparatory process heldmainly in Geneva but also at severalinformal seminars and meetingsaround the world organised byindividual countries, developingcountries generally argued that theywere against new issues beingintroduced at this stage in the WTOas they were already finding it a greatstrain to adjust to the Uruguay Roundagreements which require majorchanges to many domestic laws andpolicies. They had little resources leftover to take on new issues on thetrade agenda, especially since thesecan have such significant effects ontheir economies. They argues that adiscussion on yet more new issueswould divert their resources and theconference away from the tasks ofreview and implementation.

Several developing countries alsoargued against the principle or timingof letting the new issues into the WTO.On labour standards, there wasgeneral agreement by developingcountries that the issue did not belongto the WTO and should be left to theILO to handle. They saw labourstandards as a social issue that didnot belong to the trading system. Theyalso viewed the attempt to link labourstandards to the WTO as a move bythe North to eventually increaselabour costs in their countries,depriving them of their maincomparative advantage.

On investment, many developingcountries were strongly against theintroduction of an MIA in the WTO.They argues that investment policyper se was not within the purview ofthe WTO and that the relevant aspectof investment (trade-related

investment measures) were alreadycovered in the TRIMs Agreement.They viewed the MIA as a threat tosovereignty; depriving states of theability to regulate foreigninvestments, as being one-sided ingiving rights to foreign investorswithout their having to meetobligations to the host country; andas over emphasising the tradeliberalisation element whilst totallyignoring the development dimensionof the investment policy.

When the MIA proponentsswitched to proposing setting up aworking group only to study the tradeinvestment relationship, severaldeveloping countries concluded theycould go along with this as acompromise. Several other developingcountries, however, opposedbeginning a discussion process in theWTO, proposing instead that adiscussion would be better be doneat UNCTAD where all aspects of theissue could be considered in anatmosphere devoid of the possibilityof a binding agreement.

On competition policy andgovernment procurement, severaldeveloping countries (similar to theones objecting to an investment studyprocess) also voiced opposition tobeginning a work programme onthese issues as they had no time yetto study the implications of bringingthem into the WTO. There was alsoconcern that the objective of themajor countries was to use theseissues to further open up developingcountries’ markets for the TNCs.

(b) The Untransparent Processat Singapore

At the Singapore Conference,many ministers and officials fromdeveloping countries were surprisedand expressed frustration at the waythe conference was organised and itsdecision-making process whichreflected the normal untransparentway of functioning of the WTOsystem in Geneva. At the conference,all ministers were allocated time tomake speeches at the open plenarymeetings. But most developingcountries were never even invited tothe real discussions on issues where

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there were disputes; that took placein “informal groups”. For most of theconference, their ministers and seniorofficials were kept in the dark on whatwas going on. “lack of transparency”was the term most used by delegates,NGO representatives and journalistsalike to describe the conference’smanner of operations.

The “open” part of the conferencewas the plenary session where TradeMinisters of 120 countries madespeeches. Those from developingcountries were often articulate inpointing out their problems in havingto liberalise their economies after theUruguay Round agreements whichcame into force in January 1995.Many made the pleas that no newissues (especially non-trade issues) bebrought into the WTO since they werestill unable to cope with the problemsarising from their existing WTOobligations. But embarrassinglyenough, the ministers were speakingto an increasingly emptier hall. Therewere no discussions at all on theirspeeches and thus no opportunity toseek solutions to the problems raised.

Meanwhile the “real” negotiationsof key issues had gone “underground”in many informal meetings to whichonly 20 to 30 selected countries wereinvited by the conference chairman,Singapore Trade Minister Yeo CheowTong and WTO director-generalRenato Ruggiero. The informal groupnegotiated whether and how theNorthern proposals on labourstandards and the new issues couldbe brought into the Conference’sMinisterial Declaration.

The untransparent decision-making process in which the realnegotiations took place within aclosed-door “informal group”, incontrast with the formal appearanceof decision by consensus, enabled theminority of rich countries to moreeasily have their way over themajority. Because the ratio of North-to-South countries in the informalgroup was more to the favour of theNorth than if the meeting were toinvolve all members, the Northerncountries were much more able to putpressure on the developing countriespresent to give in. In contrast,discussions are normally held in an

open forum in the United Nations andits conferences.

Meanwhile, the majority ofdeveloping countries were shut outof the negotiating process and theirministers, ambassadors and seniorofficials were left hanging out in thecorridors or in the lounges in the darkas to what was happening. Indeed,some journalists and NGOs knewmore than the delegates. The TradeMinister of an in importantdeveloping country that was notinvited to the informal meetings wasshocked to learn from an NGO of hiscountry that the text being discussedon the key issue of investment wasvery different from what his countryhad in mind and from what he hadbeen told was on the table.

Many delegates private expressedtheir frustration at being left out ofthe process and being expected tomerely “rubber stamp” whateveragreement of declaration emergedfrom the closed doors.

It was only on the night beforethe conference’s closing that all theWTO delegations were called togetherand provided copies of some pagesof texts on the controversial issuesthat the informal groups had piecedtogether after long negotiations. Atthat meeting, many of the delegationsthat had been left out complainedabout the lack of transparency at theconference. The conference chairmanand the WTO director-generalacknowledged their complaints andpromised that the WTO would be moretransparent but “withoutcompromising efficiency” and askedthe members to give their approvalto the texts.

At such a late stage, it would havebeen difficult, if not impossible, foranyone who had not been in theprocess, to make objections for thenthat country would be accused ofpreventing a consensus and ofwrecking the whole conference. “Ourjob was simply to say yes and givethe stamp of approval to somethingwe did not know and could notparticipate in,” a senior diplomat saidprivately. “Although many of us inthe developing countries are unhappywith the way the meeting was run andalso with the results which have

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benefited the developed countriesmore than us, we had no choice butto put on a brave front and join theconsensus.”

The “informal group” system ofnegotiations used at the SingaporeConference is an extension of the waythe WTO operates as a matter ofroutine in Geneva. What theconference did was to expose to theinternational press, to NGOs and tothe ministers themselves howuntransparent and to thedisadvantage of developing countriesis this WTO system of operating.

Before the Singapore Conference,many developing countries hadalready registered their frustration atthe untransparent and undemocraticmanner by which the preparatoryprocess for the Ministerial Conferencewas being conducted and, inparticular, the so-called HOD or headsof delegation informal process, led bythe Director-General, for determiningthe new issues and the draftdeclaration.

At Singapore itself, thatdissatisfaction increased manifold andextended from the Geneva diplomatsto ministers, other members of thedelegations, the NGOs and the media.Even if the ministers and their officialsconfined most of their grumbling inprivate, journalists from manycountries filed reports on the lack oftransparency and the marginalisationof developing countries that they hadwitnessed. At a closing pressconference on Friday afternoon, manyquestions were asked of Yeo andRuggiero about the complaints of lackof transparency and what could bedone to change the WTO’s image ofbeing a “rich men’s club”. The NGOspresent in Singapore were also verydisappointed and negative about theprocess and outcome of theconference. A ver wide range of NGOs,from development groups like ThirdWorld Network and Oxfam, toenvironment groups like Greenpeace,Friends of the Earth and World WideFund for Nature, to consumer groupslike Consumer International andseveral trade unions condemned thewhole process as well as thesubstantive outcome of theconference. BEM

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The Bridge Builders –Marvels Of EngineeringBy Dato’ Ir. Low Keng Kok, Soh Wan Heng and Lee Swee Kin, Road Builder (M) Sdn Bhd

The secrets of a bridge’s designare not to be found in its girdersand trusses, its pylons or its

towers, but in the empty space below.The more severe the terrain it has tocross, the fewer options remain opento its designers and builders.Mundane obstacles make forboring and formulaic spans butterrible difficulties have inspiredengineers to create great bridges.The statement sums perfectly thedesire and achievements ofhumankind throughout the ages todiscover new technologies toenable impossible bridge crossingsbecoming possible. However, theyare also reminded that there arelimits to the art of bridge buildingmore perilous than thosegoverning almost any other branchof engineering, and that each newstructure invades a hostileenvironment as it arches intonothingness and seeks to imposethe will of its designer and builderon that of a resistant nature.

Similarly in Malaysia, then knownas Malaya, the construction of earlyroads and bridges was a necessity tofacilitate the movements of peopleand goods. The early commercialroads built such as the one fromKamunting to Teluk Kertang, Perakand subsequently the building ofrailways by the Britishthroughout Malaya and Borneo,beginning with the 8-mileTaiping Port Weld line whichopened in 1885, led to thedemand and development ofbridges in the country. The earlybridges were mainly made ofsteel in the form of trusses,arches and beams, which was asubsequent product out of the18th century Industrial Age inEngland.

There are now more than 10,000bridges in Malaysia of various sizesand forms, out of whichapproximately 2,500 are located onfederal roads. They include steel,concrete and a number of pre-

independence wooden and masonrybridges. One of the great milestonesof bridge engineering in Malaysia wasthe opening of the Penang Bridge in1985, a 13.5km marine concrete roadbridge built with a cable stayed mainspan of 225m. It bridged the island ofPenang and the peninsular which

used to be serviced by ferries. It wasthen the third longest bridge in theworld and was adjudged worthy of aGrand Award by the ConsultingEngineers of Washington in theirEngineering Excellence Awards

Competition in 1986.Another breakthrough in

modern bridge construction inMalaysia came in 2002 with theopening of the longest span cablestayed bridge in Malaysia, the SriSaujana road bridge in the newMalaysian GovernmentAdministrative Centre ofPutrajaya. It has a main span of300m supported mainly by stayedcables with a hybrid gracefultubular steel arch of similar spanthat rises up to 40m above decklevel. It is indeed an elegantstructure built to frame the sereneenvironment of the Putrajaya Lake.Not ever since the early 19th

century Isambard KingdomBrunel’s Royal Albert hybrid steeltied arch and suspension rail

bridge in England has ever a structurebeen attempted in modern times. TheSri Saujana Bridge won the Institutionof Engineers Malaysia OutstandingAchievement Award in 2003. It alsoshared the distinction of having beingbuilt by a local Malaysian Contractorof which the authors’ organisation has

the honours to share.Although Malaysia does not

have a long history of bridgeconstruction unlike the earlierworld civilisations such as theMesopotamians and Romans, thisfact does not stop thedevelopment of new innovativebridge designs and constructiontechniques being adopted in thecountry. As we trace back theworld’s earlier bridgedevelopment history and its

Penang Bridge, Penang (1985)

Sri Saujana Bridge, Putrajaya (2002)

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relevance to our own bridges built inthe country, an appreciation andunderstanding of importanttechnology milestones is essential tofurther carry forward our aspirationsto be one of the respected leaguemembers of key bridge builders ofthe world.

Most of the modern worldbridges are solutions born from the18th century Industrial Revolution inEurope. Even then, the greatcontribution of the predecessors ofthe Industrial Age cannot be ignoredfor it was the desire of mankindthroughout the centuries to bridgecontinents, their historical recordsand monuments that were kept andthat have survived until today, had

led to the revolution of technologiesin the 18th century. From the earlypost and lintel schemes to the ropesuspension techniques still beingused today in South America andAsia and finally to the arched bridgeswhich have been the most favourablesolution to the many bridgeconstruction problems of ourpredecessors world, many lessonsand problems that the ancientsstruggled to overcome can still belearned by today’s modern bridgedesigners and builders.

Not to forget, the lessons that canbe learnt from the disastrous accidentsthat have occurred throughout thecenturies of bridge building in ordernot to have history repeating itself.

Masonry Arch Bridges

As mentioned above, masonryarches, as a form of bridge whetherthey are of corbelled or voussoirtypes, have been used for centurieseven until today. It was a popularform of bridge from as early as theMesopotamian era. It was perfectedby the Romans in the construction ofmany spectacular long-livedstructures. Surviving Roman bridgessuch as the Ponte St Angelo are stillstanding and still carrying traffic overthe River Tiber into the centre ofRome almost 2,000 years after itscompletion. All of them testify to thestrength of a well constructed archwith only simple principles for thesemi circular arch form, the loadsborne by the bridge are directed outand down onto solid foundationswithout any outward thrust on thepiers, while the stones that form thearch are compressed, adding stabilityand minimising any risk of collapse.However, as the arch span increases,its height must also rise to retain itsstrength, giving rise to problems inthe later years when a levelledroadway is required.

It was not until the 12th centuryin Europe and probably the 7th

century in China that the use of asegmental arch of a circle instead ofa semi circle for the arch bridge hadenabled a lower ratio in bridge riseto span to be used, which thus alsomeant a lower, more practical bridge.The Pont d’Avignon bridge in France,built in the 12th century, bearstestimony until today the aestheticsof many masonry arch bridges tofollow. However, the arch thrustsnow present in a segmental arch wasthen not well understood, and pierswere massive to counter such forces.As a result, piers often blockedwaterways.

It took until the 18th century forPont de Neuilly masonry arch bridge,also in France, to be designed by JeanRodolphe Perronet. Some accreditedhim as the father of modern bridgeengineering. He was the first directorof the Corps des Ponts et Chaussees,

Royal Albert Hybrid Rail Bridge, Saltash England (1859)

Ponte St Angelo,Rome (143 AD)

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Paris, the first school of engineeringin the world. He made a simple butimportant discovery that the thrust ofarches was carried through the archspans and the piers carry only thevertical load if the spans are similar,resulting in thinner piers that reducedwaterway blockage and pier scour. Hispier width to span ratio were daringup to 1 in 12 as compared with 1 in 5in his days. With France under theinspired leadership of Perronet, therest of Europe could only admire andcopy these great advances in bridgebuilding. It was even quoted todaythat even with modern analysis, wecould not further refine Perronet’sdesign.

The Iron Age (Iron Arch AndSuspension Bridges)

Iron was used as a material forbridge construction during theIndustrial Revolution in the late 18th

century to replace masonry.

The first cast iron arch bridge wasbuilt in Coalbrookdale, England as anarch structure in 1779. Later, ThomasTelford revolutionised the use of castiron/wrought iron as a popularmaterial for arch bridges when hefully expressed its potential in 1796,by building the Buildwas bridgeusing only half the weight of castiron of the Coalbrookdale. From thenon, iron began to replace masonryarches as the choice material forbridges.

Wrought iron was furtherexpanded into other bridge formssuch as the suspension bridge in the19th century. The earlier notablesuspension bridges such as the ChainBridge by James Findlay over thePotomac in Washington and MenaiStraits Bridge by Thomas Telford inEngland were early technologicalpioneers for increasing bridge spans.

Later in the mid 19th century,wrought iron wire cables were usedinstead of wrought iron chains. The

first such suspension bridge is theFribourg Bridge in Switzerland witha span doubling that of the earlierTelford’s Menai Straits Bridge.

Iron Truss Bridges

Truss bridges had been used forcenturies even before the IndustrialRevolution in the 18th century. Itwas during the Renaissance Agewhen the truss system wasintroduced. Its popularity as abridge form was limited due to theuse of timber as a material. It wasonly in the 19th century during theRailway Ages in England andAmerica, where many bridges wererequired to be built in a fast andeconomical way that the truss wasfully exploited as the choice bridgeform.

The iron bridges were eventuallyphased out as many iron bridgessuffered some of the worst failuresand disasters in the history of bridgebuilding, as the material is ratherbrittle. The historical collapse of theTay Bridge in Scotland in the late19th century marked the end of ironbridge era.

Steel Arch And Truss Bridges

Due to the many failures of ironbridges, steel was the naturalreplacement material for bridgeswhen the process of bulk steelproduction was perfected in the late19th century. Steel opened the doorto tremendous advances in longspan bridge building technology.The first bridges to exploit this newmaterial were in America, in thesteel arch and steel truss form.

Cast Iron Arch Bridge, Coalbrookdale, England (1779) / 30.5m arch span

Buildwas Cast Iron Bridge, Coalbrookdale, England (1796) / 30.5m arch span

Menai Straits Suspension Bridge, Wales(1826) / 176 m suspended span

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The first steel arch bridge was theSt. Louis Bridge over the Mississippiriver built in 1874, enabling long spancrossings to be built economically.

The economics of steel and itsinherent strength led further to thedevelopment of cantilever steeltrusses as an alternative to suspensionbridges where long spans are required.The first of such bridges were theFraser River Bridge in Canada and thefamous rail bridge over the Firth ofForth in Edinburgh, Scotland built inlate 19th century.

Apart from trusses, the steel wasalso used to construct other bridgeforms for relatively short span roadand rail bridges. They were builtusing a group of beams in parallel andare connected at the top to form aroadway. These bridges were quickand easy to assemble. However, theywere not efficient for longer spanswhere the more rigid hollow box formwas a better solution. The hollow boxgirder form was earlier recognised inthe Robert Stephenson’s BritanniaBridge made of rectangular wroughtiron plates in the mid 19th century.

One of the earliest steel arch roadbridges in Malaysia is the majestic1932 Sultan Iskandar Bridge spanningthe Perak River in Kuala Kangsar.Running parallel is the older KTMsteel arch rail bridge, which howeveris due for replacement under KTM’sexpansion plan.

The Sultan Ahmad Shah Bridge,constructed in 1974 to span thePahang River in Temerloh, is one ofthe earliest long span twin steel boxgirder bridges.

Concrete Bridges

Concrete was only used as amaterial for bridge construction afterthe development of steel, as it has tobe reinforced with steel to give itsductility.

Robert Maillart, a Swiss engineer,was the key pioneer to build bridges

In Malaysia, most of the steelbridges were constructed during thepre-independence days, especiallyduring the railway age. These weremostly either in the form of steelbeams or truss arches.

St Louis Steel Arch Bridge, Mississippi (1874) / 158.5m spans

Forth Rail Bridge, Edinburgh (1889) / 521mspans

Sultan Iskandar Bridge, Kuala Kangsar (1932)

Sultan Ahmad Shah Bridge, Temerloh (1974) / 151m spans

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with reinforced concrete in the 20th

century. One of the first reinforcedconcrete bridges built by Maillart wasthe Zuoz Bridge. Eugene Freyssinet,Maillart’s contemporary, went on todiscover the art of prestressing andgave the bridge industry one of themost efficient methods of bridgeconstruction. Both these men weregreat engineers and champions ofconcrete bridges and have set thetrend for future developments inconcrete bridges – precast bridgebeams, concrete arches, and boxgirders and segmental cantileverconstruction.

In 1945, Freyssinet pioneered theuse of prestressed concrete for theconstruction of six single span bridgesin Paris with various 55m to 73m spanbeams. This was the beginning of theacknowledgement of the power ofprestressing in bridges.

In Malaysia, one of the earliestconcrete bridges is the FR1 MerdekaBridge crossing the Sungai Muda inKedah. The bridge has 13 spans ofreinforced concrete arch with a totallength of 273m. The original bridgewas built before the Second WorldWar. It was destroyed during the warand was reconstructed in 1957.

The next breakthrough in modernconcrete bridge construction is thecast in situ segmental balancedcantilever method using travellingforms. Many bridges with spans inexcess of 75m were constructed inEurope and since then, it has spreadthroughout the world.

In Malaysia, various bridges havebeen constructed using the cast in situbalanced cantilever method. Thesecond Malaysian-Singapore crossingmain span, Tanjung Lumpur Bridge inKuantan and Santubong Bridge inKuching are good recent examples.However, one of the first cast in situconcrete box girders to be constructedin this country is the Sultan AbdullahBridge near Jerantut, Pahang withspans of 115m.

From the cast in situ segmentalconstruction, the technology wasfurther evolved into the precastsegmental construction method. Oneof the earliest bridges using thismethod was the Shelton Bridge (1952)in New York City where the firstmatch-cast glued segmental box girderconstruction in the world wasdeveloped by Jean Muller with EugeneFreyssinet.

In Malaysia, this method was firstused in the construction of the BatangKemena Bridge on the Bintulu-Tatauroad, which is part of the Pan BorneoHighway. This precast segmentalconcrete box girder bridge consists of11 spans with a total length of 457m.The bridge was completed in 1983, andwas a precursor to the varioussegmental construction of precastsegmental box girder concrete bridgesfor the STAR LRT, PUTRA LRT, theMalaysia-Singapore Second Link andthe Ampang elevated highway alongthe Klang River. All of these segmentalbox girders were launched usinglaunching gantries.

Zuoz R.C. Bridge, Engadin, Switzerland (1901) / 30m span

Pont Annet P.C. Bridge, Paris (1950) / 73m span

Merdeka Concrete Arch Bridge,Kedah (1957)

Sultan Abdullah Bridge, Jerantut, Pahang, 115m spans

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In 1998, the first match castprecast concrete segmental box girderbridge, launched without travellinggantries, was introduced for theBesraya Highway viaduct over theKL-Seremban Highway in KualaLumpur. This new development ledto a series of similar bridges to be builteconomically using this technique inMalaysia.

without partial closing of the roadbelow as compared with thetraditional cast in situ portals or thehammerhead piers.

The technique is even moreelegant and economical than theearlier pier cross head constructionwhich was implemented for the KLMRRII viaduct across Jalan Ampangwhere the cross head was cast alongthe road median, then finally rotatedto position (sosrobahu methoddeveloped in Indonesia).

Modern Suspension Bridges

With the discovery of steel andits usage to replace wrought ironcables in the 19th century, a natural

progression for record breakingsuspension spans were to beexpected.

John Roebling’s pioneering ofsteel strand spinning technology andcompact wire strands led to hisrecord breaking 486m span BrooklynSuspension Bridge in 1883 in NewYork. Since then, the developmentof suspension bridges has progressedat such a hectic pace with the currentrecord now standing at 1,988m spanbelonging to the Akashi KaikyoSuspension Bridge in Japan.

In Malaysia, the suspensionbridge form is scarce with the firstroad suspension bridge being theSultan Ismail FR8 bridge in KualaKrai, Kelantan built in 1945.

The match casting technique wasfurther developed and pioneered bythe earlier Besraya viaduct contractorto be used in other bridge elementssuch as the segmental pier cross headconstruction in the New PantaiExpressway.

This new technique enables piersfor viaducts built over existing roadsto be constructed economically

Batang Kemena Bridge, Sarawak (1983)

Besraya KL-Seremban Highway Viaduct(1998) Matchcast Precast Segmental BoxGirder launched with mobile cranes

New PantaiExpresswayViaduct (2003)/ MatchcastSegmental PierHead

Akashi Kaikyo Suspension Bridge, Japan (1998)

Sultan Ismail Suspension Bridge, Kuala Krai (1945)

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Sabah Bridge in Kota Kinabalu builtin 1972. It has a total length of140m with central span of 85m.

The current record in Malaysiafor the longest cable stayed span isbeing held by the Sri Saujana Bridgein Putrajaya at 300m, overtaking therecord held by the Penang Bridge for17 years in 2002.

Future Trends Of BridgeConstruction In Malaysia

Common since the 1960s,precast concrete is still the popularchoice of bridge form in Malaysiafor the majority of bridges. The bulkof the biggest road buildingprogramme in the 1990s, NorthSouth Expressway bridges are ofthis form.

As durability is now recognised asone of the main deterioration factorsin bridges, it is now JKR’s priority toeliminate the need of as manyexpansion joints as possible in bridges,common among precast girder bridges.

It is now JKR’s requirement for allbridges that is less than 40m in lengthto be designed as integral bridges,without expansion joints even atabutments.

Another future trend is the use ofincremental launching as a method ofconstructing box girder bridges. Thislaunching method is useful forlaunching bridges over obstacles suchas ravines, busy highways or river/marine crossings. The first incrementallaunched bridge was used at the Sg.Sitiawan Bridge in Perak in 1997. Itproved to be a good alternative tousing travelling gantries for girderlaunching and has now been adoptedin two current bridges underconstruction in Bintulu and Sibu,Sarawak.

In conclusion, bridges are alwaysbuilt out of need but they functionmore than just connecting two pointsof land at the ends. The bridgeengineering profession at large isalways looking for new innovativeways to enable the larger objectivesof mobility enabling andenhancement to be met by society andhumankind. Bridges will always be

Cable Stayed Bridges

The era of the cable stayed bridge,developed as an alternative to thesuspension bridge came after WorldWar Two. Franz Dischinger and FritzLeonhardt were the early pioneers ofthe modern cable stayed bridge withthe first one the Stromsund Bridge,being completed in 1955 in Sweden.

Since then, many cable stayedbridges have been built around theworld. Some notable ones are theLake Maracaibo Bridge in Venezuela,The Sunshine Skyway Bridge, Florida,USA and the Pont de Normandie inBrittany, France. The current longestcable stayed bridge with a main spanof 890m is the Tatara Bridge in Japan.

In Malaysia, the first cable stayedbridge to be constructed is Yayasan

Tatara Cable Stayed Bridge, Japan (1999)

Yayasan Sabah Building Cable Stayed Bridge, Kota Kinabalu (1972) / 85m span

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required to blend in with our naturalenvironment, built with betteraesthetics, at lower cost, withappropriate technology and withmany other requirements of an everdemanding society.

The longest, the tallest, the mostgraceful, the lightest are all adjectiveswhich challenge the minds ofengineers to better the professionwhich already had a history ofthousands of years. We end with aphoto of the elegant Millau viaductcurrently under construction inFrance with its piers shown partlyhidden in the clouds, an appropriatecorollary to the ambitions ofhumankind stated.

Millau Viaduct Incremental Launched Cable Stayed Bridge, France (Under Construction)

Sri Saujana Cable Stayed Steel Arch Hybrid Bridge, Putrajaya (2002) / 300m span

Sungai Sitiawan Incremental Launched Box Girder Bridge, Perak (1997)

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The Role of Sewage Treatmentin Public Health

The Role of Sewage Treatmentin Public Health

By Ir Haniffa Hamid & M.Narendran, Malaysian Water Association

B U L E T I N I N G E N I E U R 50

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Series 2

Water supply and sewerage is a commonlyused phrase. However, in many developingcountries, “water supply” has higherpriority over “sewage treatment”. Although

clean water supply helps improve health condition, sewagetreatment is as important because poor sanitation is thecause of water contamination, which causes many typesof diseases. If sewage treatment is not appropriate, water-related diseases will spread to the human environment.In this write up, various types of diseases and thetransmission routes are described. The efficiency of sewagetreatment, drainage management, the role of primitivetreatment and public health aspects of wastewater is alsodiscussed.

HEALTH PROBLEMS RELATED WITH SEWAGE

Diseases Caused by Human ExcretaIn human excreta, there are various types of diseases

- causing pathogens whose transmission routes and controlmeasures are quite different. The main biologicalpathogens are virus, bacteria, protozoa and helminthes.As for transmission routes, there are different types ofcontamination from simple faecal-oral contamination,water-borne route to complicated parasite infections.Basically, faecal infection can be classified into sixcategories as shown in Table I according to epidemiologicalfeatures of such diseases.

The transmission routes of above mentioned diseasesare shown in Figure 1. Each disease has its owntransmission cycle from one patient to another, sometimeswith water, soil, vectors or cattle in between. The objectiveof sewage treatment is to cut these cycles and preventdisease transmission. Figure 1 also shows a “sanitarybarrier”, which includes various types of control measures.For example, the barrier can be “hardware” such as theprovision of water supply and sewage treatment facilitiesor chemicals. In areas where costly treatment are notaffordable, “software” such as health education orcommunity participation is essential to enhance the barrier.Maintenance of drainage or tertiary wastewater collectionpipes sometimes requires the cooperations of users, whichhelps reduce cost.

Water-related DiseasesWater related diseases could be classified into four

types depending on it’s transmission route. For the controlof each type of diseases, sewage treatment plays variousroles. A summary of preventive strategies of water-relateddiseases is shown in Table 2.

● Type I - Water-borne DiseasesInfections in this category spread through drinking

water/food contaminated by excreta etc. Cholera, typhoidand ascariasis fall in this category. When sewage is notproperly treated or disinfection is not satisfactory, suchdiseases can be spread. From poorly maintained on-sitesystems or from open defecation sites, such diseases canspread through groundwater flow or surface flow. Specialattention should be paid when there is an outbreak ofdiarrhoea diseases epidemics because water canimmediately disperse such diseases.

● Type II -Water-washed DiseasesDiseases in this category are caused by the lack of

proper hygiene due to water scarcity. Example of suchdiseases are skin/eye diseases (due to the lack of water towash body) or lice/flea borne diseases (due to lack of waterto wash clothes). The main cause of outbreak of diseasesis the absence of water supply systems and clean watersources and surface/ground is heavily polluted withwastewater. Sewage system is responsible for theprotection of water resources to control water-washeddiseases.

● Type III - Water-based DiseasesIn this category, water provides the habitat for

intermediate host of parasites. One typical example isschistosomiasis. This disease is caused by the dischargeof human faeces or urine where there are snails, whichserves as the intermediate host.

The construction of sewage system can prevent thisdisease by reducing the contact frequency between menand snails. Construction of concrete lined drainage will

Figure 1. Length and dispersion of transmission cycles ofexcreted infection

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Table 1. Environmental Classification of Excreted Infections

a. Includes polio-,echo-, and coxsackie virus infectionsb. Includes enterotoxigenic, enteroinvasain , and enterooathogenic E. coil infectionsc. Ancylostoma duodenale and Necator americanus

Table 2. Four Types of Water - related Transmission Route and appropriate Preventive Strategies.

1 Applies to schistosomiasis only

Transmission route Preventive StrategiesType I - Water-borne Improve quality of drinking water

Prevent casual use of unprotectedType II- Water-washed (or water-scarce) Increase water quality used

Improve accessibility and reliability of domestic water supplyImprove hygiene

Type III - Water-based Reduce need for contact with infected water 1

Control snail populations 1

Reduce contamination of surface watersType IV - Water-related insect vector Improve surface water management

Destroy breeding sites of insectsReduce need to visit breeding sitesUse mosquito netting

Category

I. Active; low infectivedose

II. Active-latent;medium or highinfection dose;moderatelypersistent; able tomultiply

III. Inactive andpersistent nointermediate host

IV. Inactive andpersistent; cow orpigs as intermediatehost

V. Inactive andpersistent; aquaticintermediate hosts (s)

VI. Spread by excrete-related insects

Major control measure

Domestic water supplyHealth educationImproved housingProvision of toilets

Domestic water supplyHealth educationImproved housingProvision of toiletsTreatment of exceta prior todischarge or reuse

Provision of toiletsTreatment of excreta prior to landapplication

Provision of toiletsTreatment of excreta prior to landapplicationCooking, meat inspection

Provision of toiletsTreatment of excrete prior todischarge Control of animalreservoirsControl of animal reservoirsControl of intermediate hostsCooking of water plants and fishReducing water contact

Identification and eliminationOf suitable insect breeding sites

Environmenttransmission focusPersonal Domestic

PersonalDomesticWaterCrop

YardFieldCrop

YardFieldFodder

Water

Various faecallycontaminated sites inwhich insects breed

Infection

AmeviasisBalatidaiasisEnterobiasisEnterovial Infections a

GiadiasisHymenolepiasisInfectious HepatatisRotavirus InfectionCampylobacter infectionCholeraPathogenic scherichiacoil infection b

SalmonellosisShigellosisTyphoidYersiniosisAscariasisHookworm infectrion c

StrongyloidiasisTricuriasis

Taeniasis

ClonorchiasisDisphyllobothriasisFascioliasisFasciolopsiasisGastorodiscoidiasisHeterophyiasisMetagonimiasisOpsthorchiasisParaginimiasisSchistosomiasisBancroftion filariasis(transmitted by Culex pipiens)All the infection in I - V able tobe transmitted mechanically byflies and cockroaches

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contribute to control this diseases because the number ofsnail hosts will be significantly decreased due to the highwater velocity in the improved drainage.

● Type IV - Water-related Vector-borne DiseasesThe examples of this category are malaria and filariasis.

Such diseases are transmitted by mosquitoes, whichpropagate in water. Provision of good drainage systemsas well as sewer system reduces the number of casualwater pools, which contributes to the control of vectorssuch as mosquitoes.

TYPES OF SEWAGE CONTAMINATION

● Groundwater Contamination and DiseasesAs for the primitive sewerage systems such as pour flush

and pit latrines, biological and chemical contamination mayoccur when leachate is discharged to the ground. Biologicalcontamination causes diseases as was already mentionedin Table 1. Although biological contamination causes acuteand severe illness, the influenced area by an on-site systemsis not wide because the pathogens are trapped among soilparticles and die after certain period. Instead, chemicalcontaminant such as nitrate, are accumulated in soil andremain for a long time. Groundwater which contains largeamount of nitrate may cause blue-baby syndrome when itis used in melting powdered milk and given to babies.

● Groundwater Contamination Caused byOn-site SystemsPrimitive systems are commonly used in rural areas

where sewage system does not exist. These systems arequick improvement measure to prevent diseases wherethere are open defection practice or unsanitary disposalfacilities such as overhung latrines. However, primitivesewerage systems become biological/chemical pollutionsources when they discharge poorly treated wastewaterto the environment. Some primitive treatment systemssuch as pit latrine or leaching pit discharge liquid intothe groundwater.

The behaviour of lechate from pit latrine differsdepending upon permeability of soil, groundwater leveland flow direction. Well water contamination level isdifferent according to the depth of groundwater intakepoints and the condition of aquifers.

From the above discussion, it can be concluded thatspecial attention should be paid to the following factorsif on-site sanitation systems and shallow wells are closelylocated.- 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 WaterSewage treatment without disinfection before

discharge, can be a biological pollution source. Eventhough disinfection chamber is equipped, it is often thecase that there is no disinfectant in the chamber. This ispartly because of users’ low interest in the protection ofenvironment and partly because of low affordability.

Centralised Sewage Treatment system also has the riskof such contamination. In conventional sewage treatmentsystems such as activated sludge method, detention timeis not long enough to kill biological pathogens. Therefore,chemical disinfection becomes a prerequisite to eliminatethe biological pathogens. If maintenance of disinfectionis not enough, it may create health problems.

THE RELATIONS BETWEEN THE ENVIRONMENT ANDPUBLIC HEALTH

Usually the main objective of sewage treatment is theremoval 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 ofsewage treatment is the reduction of pathogenic agents,which affect “human health”. In areas where water-bornediseases or infections are prevalent, such health aspectsare far important that the environmental aspects.

Disinfection of pathogenic micro-organisms is doneeither by chemicals, temperature or time. In urban areas,common practice is to use chemicals such as chlorinecompounds disinfectants. This is the most reliable andless land requiring measure. However, the operation andmaintenance cost for chemical disinfection is high. Thereare other disinfection methods using ultraviolet radiation,ozonation etc. Most of them are costly and not appropriatein developing countries except special places such as atourism complex.

Another way of disinfection is to kill microorganismsby exposing them to certain high temperature for enoughtime to kill them. The relationship between temperatureand dying-off time is shown in Figure 2 (Feachem at al.,1983). The figure takes into account numerous data takenin the environment. This figure shows that the vibriocholera dies relatively soon at medium temperature butascaris eggs are viable for years at normal temperature.Some pathogens even multiply in the environment ifconditions are specifically good for their multiplication.This figure is also applicable for sludge treatment such asanaerobic digestion or composting. If composting is usedas the sludge treatment method, compost pile should beturned over so that all parts of sludge in the sludge compostpile should come into the center of the pile wheretemperature is high enough to kill pathogenic agents.

In conventional sewage treatment plants, treatedwastewater is normally disinfected with chemical such aschlorine compounds. However, in developing countries,willingness to pay is very low for sewage treatment, whichsometimes becomes a barrier to use chemical disinfectionsystem. In such a case, disinfection should be doneconsidering temperature and detention time as shown inFigure 2. If the availability of land allows a long detentiontime and the ambient temperature and sunshine strengtharound the treatment plant are good enough for thetreatment, chemical disinfecting is not necessary.

The relationship between detention time and removalefficiency for pathogens are shown in Figure 3 (Shuval,1990). From the figure, parasite eggs are considered tosettle down within 8-11 days in the ponds. If detentiontime in the ponds is long enough, they are almost removed

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re

a In specific cases, local epidemiological, sociocultural and environmental factors should be taken into account, and the guidelines modifiedaccordingly.

b Ascaris and Trichuris species and hookwormsc During and irrigation periodd 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.e 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 thesludge residence time is very long in such ponds, most ofremoved helminthes eggs die in the sedimentation in duecourse. As for bacteria, considerable decrease in coliformis achieved through the treatment in the ponds. Normally,such a long hydraulic/sludge residence time can only beachieved by waste stabilisation ponds. Treated wastewaterfrom such ponds can be discharged to the environmentwithout disinfection. Despite these merits, stabilisationponds are not used in areas where enough land is notavailable.

In many arid areas, sewage is used in agriculture oraquaculture without appropriate treatment. However, ifwastewater is not properly treated, it may cause serioushealth problems such as the outbreak of diarrhoea diseases

or ascriasis. The risk groups are the workers, such asfarmers and fishermen, and consumers of crops. Amicrobiological guideline values recommended by WHOis typically shown in Table 3 (WHO, 1989).

CONCLUSION

Sewage treatment has two essential roles, first toprotect public health and second to protect theenvironment. Trends and history around the world haveshown that the early provisions of sanitary facilities weremainly health driven. This remains the same in manycurrent developing and poor countries. The moredeveloped and rich nations emphasise sewage treatmentmore for environmental protection.

Figure 2. Influence of Time and Temperature on SelectedBacterial 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 attemperatures above 20c (Shuval, 1990)

Table 3. Recommended microbiological quality guidelines for wastewater use in agriculture (WHO, 1989)

Wastewater treatment expected toachieve the required microbiologicalquality

A series of stabilization pondsdesigned to achieve themicrobiological quality indicated, orequivalent treatmentRetention in stabilization ponds for8-10 days or equivalent helminth andfaecal coliform removal

Pretreatment as required by theirrigation technology, but not lessthan primary sedimentation

Faecal coliform(geometic meanno. per 100 ml c

<1000 (d)

No standardrecommended

Not applicable

Intentinalnematodes b

(arithmeticmean no. ofeggs per litre c

<1

<1

Not applicable

Exposedgroup

Workersconsumers,Public

Workers

None

Category Reusecondition

A Irrigation of cropslikely to be eatenuncooked, sports fields,public parks d

B Irrigation of cerealcrops, industrial crops,fodder crops, pastureand trees e

C Localized irrigation ofcrops in category B ifexposure workers andthe public does notoccur

BEM

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Milestones in Malaysian Engineering:Merdeka Stadium 1957Milestones in Malaysian Engineering:Merdeka Stadium 1957

B U L E T I N I N G E N I E U R 56

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eeri

ng n

osta

lgia

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