Waste Management Legislation SAMBRA Conference

7 MAY 2015

Chemicals and Waste Management

Presentation Outline• Legislative Background

• NEM: Waste Act, 2008

• Applicable provisions, norms and standards and Regulations

Legislative backgroundConstitution, 1996

National Environmental Management Act (1998)

NEM: Waste Act, 2008 and Amendments, 2014

Waste Regulations, Standards

White Paper on IP&WM (2000)

CURRENT STATUS• Waste Act came into effect on 1 July 2009• Delayed section (s); – 28 (7)(a)- voluntary Industry WMPs.– 46- appointment of persons to manage license

applications• Waste Act Amendments came into effect 2 June 2014

NEM:WA APPROACH• Regulate waste management in order to protect health and the

environment

• Provide reasonable measures for the prevention of pollution and ecological degradation and securing ecologically sustainable development

• Acknowledges that waste management practices in many areas in the country is not conducive to a healthy environment

• Waste; under certain circumstances, can be a resource and offers economic opportunities

NEM:WA APPROACH

Based on the Waste Hierarchy Approach, and to give effect to Constitution S24- Protect Health and

the Environment

General duty of the holders of waste

• Avoid the generation of waste in the production process• Minimise the toxicity and amounts generated• Reduce, recycle and recover• Ensure waste is treated and disposed in an environmentally

sound manner• Manage waste in a manner that does not endanger the health

or the environment or cause nuisance- odour or visual impacts

• Cease, modify or control any process causing pollution • Eliminate any source of pollution

Listing of waste activities• Section 19 provides for the Minister to publish a list of activities that have

or are likely to have a detrimental effect on the environment. • WMA List (GN 921) – Published in terms of section 19(2) of the Act on 29

November 2013- An Amendment to Government Notice 718 of 3 July 2009.

No person may commence, undertake or conduct a listed waste management activity except in accordance with:o a waste management licence o requirements or standards determined by the Minister, if a licence is

not required Category (A- Basic Assessment), (B- Scoping & EIA) and (C- Standards) Licensing process is done in accordance with EIA Regulations

Licensing Authorities• Licensing of waste management activities (Part 4)

• The Act outlines who the licensing authority is:

National Department of Environmental Affairs: Hazardous Waste

Provincial Departments of Environment: General Waste

General requirements for Storage

• Any person who stores waste must take steps to ensure that: 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;

adequate measures are taken to prevent accidental spillage or leaking;

the waste cannot be blown away; nuisances such as odour, visual impacts and breeding of vectors

do not arise; pollution of the environment and harm to health are prevented.

General requirements for Storage

• Any person who generates waste which is collected by the Municipality must:

Place waste in containers approved by the Municipality and place it in an area authorised

Separate waste for reuse, recycling or recovery in an appropriate container

Comply with municipal by-laws on waste management i.t.o. Frequency of collection, demarcated storage area etc

Comply with National Norms and Standards for Storage of waste, 2013

Prohibition of Unauthorised disposal• No person may – dispose waste or knowingly or negligently cause or

permit waste to be disposed of, in any land, waterbody or at any facility unless the disposal is authorized by law

Dispose of waste in a manner that is likely to cause pollution of the environment or harm to health and well being

Transportation of waste• Any person engaged in transportation of

waste must: - take all reasonable steps to prevent any

spillage of waste or littering from the vehicle Before offloading the waste from the vehicle

for disposal purposes, ensure that the facility is authorized to accept such waste

Waste Classification and management Regulations, 2013

• Provides for the generators of waste to classify waste, unless listed in Annexure A

• Labeling of waste• Waste Treatment• Waste disposal restrictions• Waste disposal to landfill• Waste manifest systems to track waste from the

generator to the waste management facility

Waste Information Regulations, 2012

• Provides for generators of hazardous waste in excess of 20kg per day (calculated monthly as daily average) to register in the Waste Information System

• Once off registration for generators, no requirement for reporting.

Working towards

Ms Khashiwe Masinga

Directorate: Chemicals & Waste Policy & Information Management

E-mail: kmasinga@environment.gov.za

Visit:

www.environment.gov.za

http://sawic.environment.gov.za