Opening Speech at 2nd Reading of the Sewerage and Drainage (Amendment) Bill - Dr Amy Khor

OPENING SPEECH BY DR AMY KHOR, SENIOR MINISTER OF STATE FOR SUSTAINABILITY AND THE ENVIRONMENT, AT THE SECOND READING OF THE SEWERAGE AND DRAINAGE (AMENDMENT) BILL, ON 11 NOVEMBER 2024

INTRODUCTION

1 Mr Speaker, Sir, on behalf of the Minister for Sustainability and the Environment, I beg to move, “That the Bill be now read a Second Time.”

2 The Sewerage and Drainage Act, or SDA for short, was enacted in 1999, and the last Sewerage and Drainage (Amendment) Bill was in 2012. The SDA provides powers to regulate the construction, maintenance, improvement, operation and use of sewerage and drainage systems, and the discharge of sewage and trade effluent.

3 Over the past decades, the SDA has allowed PUB to regulate discharges into our sewerage system. This ensures that the used water received at our Water Reclamation Plants, or WRPs, can be effectively and efficiently treated and sent to the NEWater Factories for further treatment to produce NEWater. NEWater, an ultra-clean, high-grade reclaimed water, plays a critical role in Singapore’s water supply. It is delivered to key customers like wafer fabrication plants and is also used to top up our reservoirs during dry spells.

4 We have also taken steps to improve our stormwater drainage system over the years. In 2008, we completed the Marina Reservoir by damming up the Singapore River. This alleviated flooding in the low-lying areas in the city centre and provided us with a new source of catchment water. Over the years, we have continued to develop innovative drainage solutions. Just this September, we marked the opening of Alkaff Lake at Bidadari Park, which not only functions as a stormwater retention pond to prevent floods in the Bidadari Estate during heavy rain, but also serves as a recreational space to bring people closer to water.

5 But our work is not done. Findings from Singapore’s Third National Climate Change Study, or V3 study, project that Singapore will see longer and more frequent dry spells by 2100, averaging one every 10 to 60 months. We also expect more extreme daily rainfall across all seasons which will increase the likelihood of flash floods. As a weather-resilient National Tap less affected by dry spells, NEWater’s importance will thus grow, and we must take further steps to protect the quality of our used water which affects how we are able to treat it into NEWater. We will also need to ensure that our stormwater drainage system continues to be protected and kept in good working order, so that it can withstand more frequent extreme weather events.

6 Our proposed amendments to the SDA seek to achieve these two objectives: Better secure our used water system and in turn safeguard the production of NEWater; and also enhance our flood resilience by better protecting the stormwater drainage system and keeping it in proper working order.

7 We will also introduce amendments related to PUB’s operations, to better support their operational needs as Singapore’s National Water Agency.

8 Let me elaborate on each group of amendments.

SECURING OUR USED WATER SYSTEM

9 First, on securing our used water system.

10 Singapore has an extensive sewerage system with about 3,600 km of sewers and 48 km of Deep Tunnel Sewerage System, or DTSS. As Singapore develops further, our sewerage system will also expand. Last year, PUB completed tunnelling works for Phase 2 of the DTSS, comprising 98 km of deep tunnels and link sewers. Our sewerage system channels used water from industries and households to our water reclamation plants which provide the treated used water as feedstock to our NEWater factories to produce NEWater.

11 To better secure our NEWater supply, we must: Leverage technology to better protect the sewerage system; and take stronger actions against illegal discharges.

2.1 Leverage technology to better protect the sewerage system

12 A key feature of the Bill is to support the use of technology to better protect our sewerage system.

13 General Waste Collectors, or GWCs, collect sewage, greasy waste and organic sludge for disposal at WRPs. Their tankers need to be registered with PUB annually and they are only allowed to collect authorised waste.

14 However, some GWCs may illegally collect unauthorised waste or dispose any collected waste directly into sewers instead of our WRPs to avoid paying for the costs of treatment or disposal. In 2021, PUB investigated two such cases, but the cases could not be established as PUB was unable to verify their collection routes.

15 To deter such illegal actions, Clause 42 amends Section 74 to empower regulations to be made to impose requirements for these tankers to be installed with tracking and locking devices. These devices provide GPS tracking, and geo-fenced smart-locking capabilities to allow the discharge valves of GWC tankers to only open at designated points in our water reclamation plants.

16 Aside from illegal discharges, our sewerage system is also impacted when contractors physically damage our sewerage system such as when a piling rig punctures a sewer. Clause 42 will also enable regulations to require the installation of tracking devices on piling and soil investigation rigs. This will provide real-time alerts to PUB and contractors if their rigs are near our sewerage system, so that preventive actions can be taken where necessary. Clause 43 enacts a related amendment to the Public Utilities Act 2001 for large water supply pipelines.

17 Prior to introducing these measures, PUB engaged the industry to seek their feedback. GWCs welcomed the change as they could at the same time use the GPS devices for fleet management. Contractors were also supportive as the GPS devices would help them avoid damaging the sewers during works, which could result in much higher costs and delays.

18 Since April 2023, the industry has already implemented these requirements. All GWC tankers registered with PUB have installed GPS devices. Tracking devices have also been installed on piling and soil investigation rigs deployed to projects in the DTSS or trunk sewer protection corridor. Hence, the amendments seek to regularise these requirements.

19 With recent improvements in technology, contractors now have more advanced methods such as probing with plastic drill bits and sonar detection to identify buried services including sewers before carrying out activities such as excavation or drilling works. The industry often prefers these advanced methods as they are less intrusive and more efficient than physically digging a trial trench. Clause 9 thus provides for PUB’s acceptance of such alternative methods.

2.2 Take stronger actions against illegal discharges

2.2.1 Current approach towards illegal discharges

20 Today, we have a suite of end-to-end measures to deter illegal discharges into the sewerage system. Upstream, we have a thorough vetting process before granting approvals for discharge. Our officers conduct regular inspections and monitoring throughout the network. When illegal discharges are detected, we may issue stop work orders, revoke approvals for trade effluent discharge, and impose penalties on offenders. We also communicate regularly with companies that discharge trade effluent to remind them of the important role that they play in protecting our sewers.

21 Thus far, most companies have acted responsibly. But there are some irresponsible offenders, including some recalcitrant ones, whose actions have threatened our used water system. Illegal discharges can disrupt NEWater feedstock. Toxic and harmful discharge can kill the microorganisms used to treat used water at the WRPs. This results in the water being unfit for further treatment at NEWater factories. To rectify the impact, PUB would have to temporarily halt the NEWater production process and ramp up our other National Taps to make up for these disruptions. Illegal discharges also jeopardise the safety of the people who work hard to maintain our used water system. When companies illegally discharge high concentrations of volatile organic compounds such as benzene and toluene, workers that maintain our sewers and operate our water reclamation plants may breathe in the toxic fumes. These highly flammable compounds also create fire and explosion risks. Even as PUB takes all necessary measures to ensure the safety of its workers, we should seek to eliminate such hazards in the first place. PUB also has to expend resources to investigate and carry out extensive sampling to identify the source of the illegal discharge and take remedial actions. This is costly, and time-consuming.

2.2.2 Principles used to guide the formulation of the tightened penalties

22 To enhance deterrence, we have reviewed the penalties under the SDA and propose to enhance these to ensure the penalty regime remains effective. We will implement changes in two areas – raise maximum penalties and introduce mandatory minimum penalties. In our review, we considered three objectives: First, penalties should better reflect the severe impact to our water supply. Irresponsible actions can cause disruptions to the NEWater production process. They can also endanger workers operating and maintaining our used water sewerage system and working at our WRPs.Therefore, the penalties should better reflect the gravity of such irresponsible actions. This is done both by raising the maximum penalty and introducing minimum penalties. Second, the penalty quanta should be substantial enough so that companies are not incentivised to flout the law instead of taking the necessary measures. Third, the penalty quanta should be generally aligned with those of similar offences in other Acts. For example, we aligned the maximum penalties in the SDA with that of similar offences in the Environmental Protection and Management Act 1999. In setting the minimum penalty quanta, we also considered that several Acts had mandatory minimum penalties of about 20% of the maximum penalty.

2.2.3 Raising maximum penalties

23 The first enhancement is to raise maximum penalties. Clause 12 of the Bill will amend Section 16(5) to increase the maximum penalty from $20,000 to $50,000 for repeat offenders who discharge trade effluent without approval or not in accordance with conditions of that approval or regulations. Clause 13 will amend Section 16A(6) relating to the discharge of dangerous or hazardous substances without approval or not in accordance with conditions of that approval or regulations, which causes injury, death, damage to sewers, or severe disruption to treatment, by doubling the maximum penalty for repeat offences. The maximum penalty for repeat offences will be raised from $200,000 to $400,000. Clause 14 will amend Section 17(4) to increase the maximum penalty from $40,000 to $100,000 for offences relating to the failure to comply with PUB’s order to stop and/or treat the discharge of hazardous substances. Clause 42 will amend Section 74(2) to double the maximum penalty from $15,000 to $30,000 for repeat offences under regulations.

24 Penalties for sewerage offences, such as carrying out unauthorised sewerage works, will also be raised to match corresponding increases in penalties for drainage offences. These actions impact the conveyance capacity of our sewers and may result in leaks or even sewer overflows, which pose public health and environmental pollution risks. Clause 7 will amend Section 11(4) to increase the maximum first-offence penalties for the alteration of sewerage system without approval, from $20,000 to $50,000. Maximum penalties for repeat offenders will be increased from $20,000 to $100,000. Clause 10 will amend Section 14(4) to increase maximum first-offence penalties for carrying out works affecting or likely to affect the sewer or sewerage system without approval, from $20,000 to $50,000. Maximum penalties for repeat offenders will be increased from $20,000 to $100,000. Clause 17 will amend Section 20(1) to increase the maximum first offence penalties for the damage caused to a public sewerage system, from $40,000 to $50,000. Maximum penalties for repeat offenders will be increased from $40,000 to $100,000. Clause 17 will also amend Section 20(2) relating to damage caused to the public sewerage system, increasing the penalty for repeat offences from $200,000 to $400,000.

2.2.4 Introducing mandatory minimum penalties

25 The second enhancement is to introduce minimum penalties for four offences relating to illegal trade effluent discharge, across both first and subsequent offences. Clause 12 will amend Section 16(5) to insert a mandatory minimum penalty for discharging trade effluent without approval or not in accordance with conditions of that approval or regulations. This will be $4,000 for the first offence, and $10,000 for repeat offences. Clause 13 will amend Section 16A(5) to insert a mandatory minimum penalty for discharging dangerous or hazardous substances into any public sewerage system without PUB’s approval or not in accordance with the conditions of that approval or regulations. Mandatory minimum penalties will be set at $10,000 for the first offence, and $20,000 for the second offence. Clause 13 will amend Section 16A(6) to insert a minimum penalty for discharging dangerous or hazardous substances without approval or not in accordance with the conditions of that approval or regulations, which causes injury, death, damage to sewers or disruption to treatment. This will be set at $40,000 for the first offence, and $80,000 for repeat offences. Clause 14 will amend Section 17(4) to insert a minimum penalty for failing to comply with an order to stop and treat discharge of hazardous substances into the public sewerage system. This will be set at $20,000.

26 There are other offences in legislation with minimum penalties, such as the Prevention of Pollution of the Sea Act 1990, which has a minimum penalty for the discharge of oil or oily mixture from ships.

27 While the intent of the amendments to the penalty regime is to increase deterrence, we recognise that this measure cannot work in isolation. PUB will continue to work closely with companies, including through engagement sessions to share best practices, to ensure that their trade effluent is managed and discharged responsibly.

ENHANCING FLOOD RESILIENCE

28 Next, let me move on to the amendments intended to enhance flood resilience.

29 In Singapore, we adopt a holistic “Source-Pathway-Receptor” approach to manage stormwater. At source, we try to slow down surface runoff at developments to reduce peak flow into public drains. At locations where stormwater runoff is generated, we require new developments of more than 0.2 hectares to implement solutions. Solutions could include detention tanks or nature-based solutions to slow down stormwater runoff entering the public drainage system. Along the pathways, or the routes through which stormwater is conveyed, PUB designs drains and canals to convey stormwater efficiently. To enhance our pathways, we raised design standards for drains in 2011 to cater for more intense rainfall events. We also implemented important drainage improvement projects like the Stamford Diversion Canal for this purpose. Finally, at the “receptors” where floodwaters may propagate to and affect infrastructure, receptor solutions provide additional flood protection for buildings and key infrastructure. For example, MRT station entrances are required to be elevated above ground level with a minimum crest level to prevent stormwater from entering the MRT stations.

30 The stormwater drainage is one continuous system – actions affecting one part of the system can have severe impact elsewhere in the system. To provide an example, in 2021, there was a construction firm that was doing road-widening works. In the process, they blocked off a roadside drain and diverted the flow to a new drain section that was still under construction. They did so without PUB’s approval, and this irresponsible action eventually led to a flood. Traffic came to a standstill for about 2 hours, 13 vehicles were partially submerged, and 1 person was taken to hospital.

31 The proposed amendments will introduce measures across the system to improve stormwater management.

3.1 Protecting the stormwater drainage system from silty discharges and obstruction

32 The capacity and function of drains and reservoirs can be compromised due to unauthorised modifications, or obstructions caused by debris and silt. This can cause stormwater to back up and flood surrounding developments. We will raise penalties to deter damage or unauthorised modifications to the stormwater drainage system. Clauses 21 and 22 amend Sections 23(4) and 24(4) respectively to increase the maximum first-offence penalties for the alteration of stormwater drainage system without approval and interfering with drains that cause flow obstructions respectively, from $20,000 to $50,000. Maximum penalties for repeat offenders will be increased from $20,000 to $100,000. We aligned the penalty quantum to that of Section 26 which relates to works affecting the stormwater drainage system. Clause 23 amends Section 26(5) to double the maximum penalty for repeat offenders who carry out works or activities which could affect any stormwater drainage system or lead to the discharge of silt directly or indirectly into any stormwater drainage system from $50,000 to $100,000. Clause 24 amends Section 30(2) to increase the maximum penalty for first offences for causing damage to the stormwater drainage system from $40,000 to $50,000 and raises the maximum penalty for repeat offenders from $40,000 to $100,000.

33 We want to be comprehensive and consistent in our coverage of activities that may affect the stormwater drainage system. Currently, the SDA only regulates construction activities that affect the stormwater drainage system and non-construction activities in State Land drainage reserves. Clause 22 expands the SDA to also prohibit non-construction activities that cause obstruction to all drains, including those outside of State Land drainage reserves.

34 PUB has silt control powers for the discharge of surface water containing silt from construction activities into the stormwater drainage system. However, non-construction activities such as sand stockpiles for landscaping works also have the potential to cause silty discharge. For example, we have seen a case of a contractor improperly storing material like soil and sand near Punggol Reservoir, resulting in silt being washed into the reservoir during rain. Clause 23 amends Section 26 to extend PUB’s silt control powers to non-construction activities and discharges into reservoirs.

3.2 Keeping stormwater drainage systems and flood protection measures in proper order

35 Managing flood risks is a collective effort. With more intense weather events, it is not feasible to expand our drains to cater for every extreme rainfall event. Premises owners and occupiers have a part to play in ensuring the flood resilience of their own premises, which also affects the surrounding developments and connected drainage system. Clause 20 will introduce new Sections 22A and 22B to require owners of premises to keep their stormwater drainage systems, drains, and flood protection measures in proper order. Clause 42 amends Section 74 to enable regulations to be prescribed towards these requirements in relation to flood protection measures. For example, requiring minimum platform levels at new developments and redevelopments, and requiring crest levels for all entrances, exits or openings to basements or underground structures like tunnels and underground MRT stations.

AMENDMENTS RELATED TO PUB’S OPERATIONS

36 Finally, a third group of amendments are technical in nature and relate to PUB’s operations to safeguard the sustainability of our water supply. It has been 12 years since the last Sewerage and Drainage (Amendment) Bill was passed. These amendments update the SDA provisions so that they stay relevant and effective in supporting PUB’s operations in today’s context.

4.1 Supporting PUB’s Operations

37 When there are any illegal alterations, works or damage that affect the public sewerage system, stormwater drainage system, or drain, clauses 7, 10, 17, and 21 to 24 provide for PUB to urgently step in to carry out rectification works to restore the function of the public sewerage system, stormwater drainage system, or drain, and recover the cost of the rectification works from the culprit. Currently, PUB is unable to recover the costs if it steps in to carry out rectification works, even when it is clear that the damage was caused by the responsible party. PUB can only recover costs if the party responsible for the damage had first defaulted on PUB’s written notice to perform rectification works.

38 Clause 33 amends Section 43 to ensure that PUB officers have powers of entry to deal with emergency situations involving public sewerage systems and stormwater drainage systems, such as chokes or pipes that had developed structural defects over time, so that PUB can undertake urgent rectification work necessary for the service or safety of the public. This amendment mirrors existing powers of entry in emergency situations in the Public Utilities Act 2001. Emergency situations are those that involve damage or obstruction to a public sewerage system or stormwater drainage system where PUB assesses that rectification work is necessary for the service or safety of the public.

39 Clause 34 amends Section 44A to allow officers to take videos in addition to photographs, and require the production of video surveillance footage, during investigations to improve the effectiveness and efficiency of investigations.

40 Works to sewerage and drainage systems must be completed in accordance with plans approved by PUB, to protect public safety. To ensure this, Clause 27 amends Section 33 to enable PUB to issue a written notice requiring developments to apply for a Compliance Certificate which will complete the works certification process and penalise those that fail to comply with the written notice. Clause 29 will amend Section 36 to clarify who are the owners or occupiers of premises who may be directed to carry out rectification works. This is aligned with the existing provisions for sewerage matters.

4.2 Regularising PUB’s Existing Practices and Other Amendments

41 I spoke earlier about protecting our sewerage system. Clauses 9 and 10 will amend Sections 13A and 14 respectively to regularise our existing practice of protecting sewers under construction and constructed sewers that have not yet been commissioned. The Clauses will require companies to ascertain locations of such sewers to prevent damage to them. Clause 42 amends Section 74 to empower regulations to be made for the issue of stop work orders so as to stop the discharge of trade effluent, when needed to protect the public sewerage system.

42 When taking over public drains or sewers constructed by other agencies and developers, PUB needs to impose a Defects Liability Period, or DLP. Clause 27 amends Section 33 to formally allow PUB to impose the DLP and to provide PUB with recourse should defects arise during the DLP or any warranty against defects is not assigned to PUB.

43 Clause 41 inserts a new Section 73A which allows PUB to issue administrative exemptions from legislated requirements on a case-by-case basis, in instances where stakeholders face specific compliance constraints. For example, new developments with a small footprint might not be able to meet PUB’s Minimum Platform Level requirement as this could lead to additional amenities such as ramps required for barrier-free access. In such cases, PUB may allow the installation of flood protection systems like flood barriers to give the same level of flood protection.

44 Clause 40 amends Section 70 to provide for composition sums collected by PUB under the SDA to be paid into the Consolidated Fund.

45 Clause 38 inserts a new Section 60A to make it clear that certain drainage and sewerage systems built on private land do not form part of the land and do not belong to the landowner.

46 We are standardising and clarifying terms used in the SDA, both through Clause 2 which clarifies terms such as “sewerage system” defined in Section 2, and through other Clauses which remove overlaps in the use of the terms “sewage” and “trade effluent” throughout the Act.

47 Clause 26 inserts a new Section 32A to enable the incorporation by reference of PUB’s Codes of Practice for both sewerage and drainage to enable PUB to enforce the requirements more effectively.

48 And finally, Clause 35 amends Section 47 to remove the right of appeal to the Minister in relation to three provisions, where there is already recourse to the Courts.

CONCLUSION

49 In summary, we must protect our sewers from damage and take errant companies to task to better secure our used water system. This will safeguard our weather-resilient NEWater tap. We must also protect our stormwater system to enhance flood resilience. This will prepare us to adapt to extreme weather patterns that will come with climate change.

50 The proposed amendments to the SDA I have elaborated on will provide PUB with the legislative powers to do so, and I invite premise owners, developers and stakeholders to work with us and play a part in securing our water future together.

51 Sir, I beg to move.