To provide background regarding the proposed waste management legislation

04/19/23 2

Background Waste Management Bill, 2007 Principles of Integrated Waste Management

(IWM) What is Waste? Duty of State General Duty Waste Management Measures Storing of Waste Collection of Waste Treatment and Disposal

04/19/23 3

Scope (1)Scope (1)

Listed Activities and Licensing Contaminated Land Waste Management Plans Compliance and Enforcement Cost of Implementation Conclusion

04/19/23 4

Scope (2)Scope (2)

04/19/23 5

Background (1) Background (1)

Local government responsible as regulating/regulated body in waste management in SA

By 2004, only 28.5% of municipalities completed IWMP

Nearly half of the 1321 waste landfill sites in SA are unauthorised, should be closed – 60 hazardous

2006 State of Environment Report: as many as 15 000 unrecorded communal waste sites in rural areas

04/19/23 6

Background (2) Background (2)

Municipalities have little environmental management capacity - national average of less than one engineer per local authority in 2006

No information available on expenditure by municipalities on environmental management functions of which waste is prominent part

Since 2005, SA solid waste system managed the disposal of:

• 20 billion kg of municipal solid waste• 450 billion kg of mining related waste• 20 billion kg of power station waste

04/19/23 7

Background (3) Background (3)

04/19/23 8

Quantity of waste grow faster than economy in many cities – eg Cape TownGrowing minerals & coal-based energy sector - increased industrial waste with limited productive recycling and re-use SA in the early days of e-waste management - by 2006 amounted to more than 4000 tonnes per annum

Background (4) Background (4)

Everyone has the constitutional right to have an environment that is not harmful to his or her health and to have the environment protected for the benefit of present and future generations through reasonable legislative and other measures that—

(a) prevent pollution and ecological degradation;

(b) promote conservation; and

(c) secure ecologically sustainable development and use of natural resources, while promoting justifiable economic and social development;

04/19/23 9

ConstitutionConstitution

Environmental Management: Waste Management Bill of 2007 published in January 2007

Aspires to welcome transformation of the entire legal regime on waste management in SA

Regulating waste management in order to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development;

04/19/23 10

Waste Management Bill (1) Waste Management Bill (1)

To provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government;

To provide for specific waste management measures;

To provide for the licensing and control of waste management activities;

To provide for remediation of contaminated land;

04/19/23 11

Waste Management Bill (2) Waste Management Bill (2)

To provide for the national waste information system; and

To provide for compliance and enforcement

Binds all 284 municipalities Emphasis on preventative waste management Embrace municipalities as part of waste law

regime waste management compliance & enforcement

04/19/23 12

Waste Management Bill (3) Waste Management Bill (3)

National standards/limitations: Waste minimisation, recovery, re-use & recycling etc

(must be set) Regionalisation of waste management services,

producer responsibility, waste management data & tariffs for waste services

Surplus/profit, use of income generated by recovery of charges by municipalities

Tariffs to be used to provide for specifically waste management infrastructure/facilities

04/19/23 13

Waste Management Bill (4) Waste Management Bill (4)

Waste Avoidance and Reduction Transboundary Movement Duty of Care Cradle to Grave Responsibility Precautionary Principle Polluter Pays

04/19/23 14

Waste PrinciplesWaste Principles

Waste management practices in many areas of the SA are not conducive to a healthy environment and the impact of improper waste management practices are often borne disproportionately by the poor;

Poor waste management practices can have an adverse impact both locally and globally;

Sustainable development requires that the generation of waste is avoided, or where it cannot be avoided, that it is reduced, re-used, recycled or recovered and only as a last resort treated and safely disposed of;

04/19/23 15

Considerations (1) Considerations (1)

Minimisation of pollution and the use of natural resources through vigorous control, cleaner technologies, cleaner production and consumption practices, and waste minimisation are key to ensuring that the environment is protected from the impact of waste;

Waste under certain circumstances is a resource and offers economic opportunities;

04/19/23 16

Considerations (2) Considerations (2)

Waste require essential national standards; to be dealt with effectively, require uniform norms and standards that apply throughout the SA; and in order to promote and give effect to the constitutional environmental right, require strategies, norms and standards seek to ensure best waste practices within co-operative governance

04/19/23 17

Considerations (3) Considerations (3)

04/19/23 18

Any substance, whether or not that substance can be reduced, re-used, recycled and recovered —(a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of;(b) where the generator has no further use of for the purposes of production, reprocessing or consumption;(c) that must be treated or disposed of; or(d) that is identified as a waste by theEnvironmental Affairs and Tourism

Identify priority wastes–compile IWMP

What is Waste? What is Waste?

04/19/23 19

Duty of the State Duty of the State

In fulfilling the rights contained in section 24 of the Constitution, the State, through the organs of state must put in place uniform measures that seek to reduce the amount of waste that is generated and, where waste is generated, to ensure that waste is re-used, recycled and recovered in an environmentally sound manner before being safely treated and disposed of

Holder of waste must take reasonable measures to—(a) avoid the generation of waste – where generation cannot be avoided, to minimise toxicity and amounts of waste generated;(b) reduce, re-use, recycle and recover waste;(c) where waste must be disposed of, ensure that waste is treated and disposed of in an environmentally sound manner;(d) Manage waste in a manner that does not endanger health or the environment or cause a nuisance through noise, odour or visual impacts;(e) Prevent employees or persons under supervision from contravening these provisions; and(f) Prevent waste from being used for an unauthorised purpose

04/19/23 20

General Duty General Duty

Reduce or Avoid If not, minimise through

Re-use Recycle Recover

Last resort: Treatment/Process Disposal

04/19/23 21

Management MeasuresManagement Measures

A person who stores waste must at least take steps to ensure that—

(a) the containers in which any waste is stored, are intact and not corroded or in any other way rendered unfit for the safe storage of waste;(b) adequate measures are taken to prevent accidental spillage or leaking;(c) the waste cannot be blown away;(d) nuisances such as odour, visual impacts and breeding of vectors do not arise; and(e) pollution of the environment and harm to health are prevented

04/19/23 22

Storing of Waste (1)Storing of Waste (1)

Person generating general waste collected by a municipality must place the waste in a container approved, designated or provided by the municipality for that purpose and in a location approved by municipalityWaste that can be reused, recycled or recovered and intended to be reduced, re-used, recycled or recovered in accordance with this provisions or any applicable by-laws need not be placed in a container

04/19/23 23

Storing of Waste (2)Storing of Waste (2)

No person may collect waste for removal from premises unless such person is—

(a) a municipality or municipal service provider;

(b) authorised by law to collect that waste, where authorisation is required; or

(c) not prohibited from collecting that waste.

04/19/23 24

Collection of WasteCollection of Waste

No person may—

(a) dispose of waste, or knowingly or negligently cause or permit waste to be disposed of, in or on any land, waterbody or at any facility unless the disposal of that waste is authorised by law; or

(b) dispose of waste in a manner that is likely to cause pollution of the environment or harm to health and well-being.

04/19/23 25

Treatment and DisposalTreatment and Disposal

Waste management activities that have, or are likely to have, a detrimental effect on the environment will be listed and require licensing

Incineration prohibited in accordance with Air Quality Bill

04/19/23 26

Listed Activities and LicensingListed Activities and Licensing

This part applies to the contamination of land even if the contamination —

(a) occurred before the commencement of this Act;

(b) originated on land other than land referred to in section 38;

(c) arises or is likely to arise at a different time from the actual activity that caused the contamination; or

(d) arises through an act or activity of a person that results in a change to pre-existing contamination.

04/19/23 27

Contaminated LandContaminated Land

Industry, national departments and organs of state may be required to prepare and implement waste management plans

Provide annual reporting on these plans

04/19/23 28

Waste Management PlansWaste Management Plans

Framework environmental legislation provisions apply

Environmental inspectors – Green Scorpions Provision for severe penalties: fine up to R10 million

or imprisonment up to 10 years

04/19/23 29

Compliance and EnforcementCompliance and Enforcement

04/19/23 30

Cost of ImplementationCost of Implementation

04/19/23 31

DiscussionDiscussion