FAQ – Legal Matters


A) Septic Tank Desludging Services

What is a Septic Tank?
Section 2 of Water Services Industry Act 2006 (“WSIA”) defines a septic tank as a basic form of on-site treatment facility consisting of one or more compartments that provides treatment of sewage by means of sedimentation and anaerobic process.
What are the types of Septic Tank that can be desludged by IWK?
(a) Individual Septic Tank (“IST”) - septic tank that provides treatment of sewage from one (1) individual premise only. (b) Communal Septic Tank (“CST”) - septic tank that provides treatment of sewage from two or more premises through a common internal sewage piping.
Who is responsible for the upkeep and maintenance of CST?
Pursuant to Section 65 (1) (c) of WSIA the owner / occupier / management corporation of the Premises is responsible for the upkeep and maintenance of a septic tank.
Do we need to sign a contract to get IWK to desludge a septic tank?
Yes. Before IWK can proceed to desludge a septic tank, the following document (constituting a contract) will have to be signed by the customer:-

(a) For IST –Individual Septic Tank Desludging Services Docket (“IST Docket”) prepared by IWK to be signed by the customer of the IST i.e. the owner(s) or occupier(s) and/or management corporation or authorised representative of the customer.

(b) For CST - Desludging Services Agreement (for Communal Septic Tank) (“CST Agreement”) prepared by IWK to be signed between IWK and ALL the customers (i.e. owner(s) and/or occupier(s) and/or management corporation of the Premises) sharing the same CST.
When can IWK desludge the septic tank?
(a) For IST - desludged only as and when requested by the customer.

(b) For CST - desludged once every three (3) years as stated in the CST Agreement.
What happens if I don’t pay the septic tank desludging charges?
If the charges are not paid within the required period of time as stated in the terms of the IST Docket or the CST Agreement, IWK has the right to take legal action against the customer to recover the outstanding sum.

The customer(s) for CST desludging will also be charged interest on the outstanding sum from the date of default up to the date of actual payment.

B) Unauthorised connection to public sewer

Can I connect my private pipe to a public sewer?
You can connect with the approval of SPAN. Any connection without approval is illegal. Section 60 (1) of Water Services Industry Act 2006 (“WSIA”) clearly states that “No person shall, without the prior written permission of the Commission:-

a) make or cause or permit any private connection pipe, drain or sewer to connect directly or indirectly to any public sewer or public sewerage treatment works; or

b) close up, obstruct, stop or deviate any public sewer”.
What happens if there is an illegal connection to a public sewer?
Section 60 (2) of WSIA provides that “The Commission may – a) order any person contravening subsection (1) to discontinue the use of , or demolish or otherwise remove, any obstruction, private connection pipe, drain or sewer in contravention of that subsection; or

b) connection pipe, drain or sewer”.

Connection of a private pipe to a public sewer without permission is also an offence under Section 60 (4) of WSIA attracting a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six (6) months or to both.

C) Personal Data Protection Act 2010

What is Personal Data Protection Act 2010 (“PDPA”)?
PDPA is an Act that came into force on 15 November 2013 to protect an individual’s personal data and it applies to any person who processes and any person who has control over or authorises the processing of any personal data in respect of commercial transactions.
How does the PDPA affect IWK and our customers?
IWK in compliance with PDPA, shall take reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks in relation to customer’s personal data, thus assuring customers that their personal data will be sufficiently protected.
What “personal data” is collected by IWK?
The “personal data” we collect and process includes (but not limited to) the following, i.e. name, address, IC number, email address and other contact details.
Does IWK have a Privacy Notice in place?
Yes, IWK in compliance with PDPA has provided our Privacy Notice via hardcopy to our customers. The Privacy Notice can also be accessed at IWK’s official website (www.iwk.com.my).
I would like to update/correct/limit my personal data information held by IWK. What should I do?
If you would like to make any enquiries in relation to your personal data, you may contact our Customer Relations Department Compliance Officer at 03-27801100 or you may also email us at compliance@iwk.com.my.

D) Debt Recovery

I don’t have a contract with IWK, so why must I pay IWK?
The law, Section 67 (1) of the Water Services Industry Act 2006 states that:-

“The owner, management corporation or occupier of any premises to whom sewerage services is provided shall be deemed, upon the provision of sewerage services to that premises, to have contracted with the service licensee providing sewerage services for the provision of sewerage services”.

This therefore means, once sewerage service has been provided to the Customer’s premises by IWK, the Customer is considered to have entered into a contract with IWK.
What happens if the Customer fails to pay the outstanding sewerage services charges to IWK?
The law, Section 88 (1) (b) of the Water Services Industry Act 2006 (“WSIA”) states that:

“Any sum of money in respect of the provision of sewerage services, shall be payable, within thirty days from the date of presentation of the bill, to the service licensee and if such sum is not so paid, the sum shall be recoverable by the service licensee through civil action in court”.

Therefore, if the Customer fails to pay the outstanding sewerage services charges to IWK within 30 days as stated in WSIA, IWK has the right to proceed with legal suit against the Customer to recover the outstanding sewerage services charges.
Who is responsible to pay the sewerage services charges to IWK?
Pursuant to Section 67 (1) of the Water Services Industry Act 2006, the owner, management corporation or occupier of any premises to whom sewerage services is provided is liable to pay the sewerage services charges to IWK.

As such, the responsibility to pay the sewerage charges is on the owner, management corporation or occupier of any premises to whom sewerage services is provided by IWK.
If there is a transfer of ownership of the premises (transfer of property) to which sewerage services has been provided by IWK, who is responsible to pay the outstanding sewerage services charges to IWK?
a) The Regulation

The law, Regulation 12 (1) of the Sewerage Services (Charges) Regulations 1994 states that:

“Any user who sells or transfers any premises in respect of which sewerage charges have been incurred for sewerage services as provided under the Act, shall continue to be liable for the payment of all such sewerage charges payable in respect of the premises unless prior notice has been given to the sewerage services contractor of such sale or transfer”.

The Customer is to inform IWK of any changes with regards to the ownership of the property. If no notice on the transfer of ownership of the premises (transfer of property) has been given to IWK, IWK will continuously bill the Customer who has sold or transferred the premises to the purchaser or transferee.

Therefore, it is important that the Customer informs IWK once the Sale and Purchase Agreement / transfer of ownership of the premises (transfer of property) is completed and to ensure that there is no outstanding / unpaid sewerage services bill on the premises. This would enable IWK to open a new sewerage account under the name of the new owner and bill him / her accordingly.

b)The Bar Council Circular No. 136/2012



Through a Bar Council Circular No. 136/2012, IWK has requested lawyers’ assistance for outstanding sewerage charges to be settled by the seller of a property before the transfer of ownership is completed by specifying it in the Sale and Purchase Agreements. The lawyers are to also inform IWK on the transfer of ownership by providing IWK with the particulars of the new owner together with a copy of the Sale and Purchase Agreement.
What can IWK do after obtaining a judgment against a Customer?
IWK can execute the judgment using the following modes:- i)Writ of Seizure and Sale (WSS)

With the assistance of the Court Bailiff, IWK can seize the Customer’s property and movable belongings which will be auctioned off at a public auction in order to settle the judgment debt.

ii)Judgment Debtor Summons (JDS)

The Customer will be called to Court to be examined by the Judge to assess the Customer’s ability to settle the judgment debt. If the Customer is a company, an officer of that company will be called to be examined on the company’s ability to settle the judgment debt.

iii)Bankruptcy Proceedings

If the Customer is an individual, IWK can file bankruptcy proceedings against the Customer if the judgment debt, including interests and costs is RM30,000.00 or above.

iv)Winding up Proceedings

If the Customer is a company, IWK can file winding up proceedings against the company if the judgment debt including interests and costs is more than RM500.00.