Transcript Waste on land - University of the Western Cape

Waste on land
Environment Conservation Act 73 of
1989
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Repealed by NEM: Waste Act
Separate Act required for comprehensive
management.
Regulations made in terms of ECA: thickness of
plastic bags
Until recently control authority for waste
disposal sites was the Min of Water Affairs &
Forestry but now its the Min of Environmental
Affairs and Tourism.
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The Department of Water Affairs & Forestry
made guidelines for the classification of Waste
as hazerdous and non as well as setting a
maximum limit for amounts of waste to be
processed per day.
National Environmental
Management: Waste Act 59 of 2008
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ECA inadequate to deal with every facet of
environmental management.
WP on Integrated Pollution and Waste Management 2000
Focused on the minimisation of waste.
Most of subject matter dealt with in new Act was not
directly dealt with in the new Act.
Powers could broadly be interpreted to address specific
subjects mentioned in the new Act. ECA only directly
dealt with disposal sites and littering.
Preamble
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Sustainable Development! Requires the
generation of wast eto be avoide and where it
cannot be avoided it be reduced, re-used,
recycled or recovered and then only as a last
resort treated and disposed of.
Objects of the Act
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Protect health well-being and the environment by providing reasonable measures to:
The objects of (his Act are—
(a) to protect health, well-being and the environment by providing reasonable
measures for—
(i) minimising the consumption of natural resources;
(ii) avoiding and minimising the generation of waste;
(iii) reducing, re-using, recycling and recovering waste;
(iv) treating and safely disposing of waste as a last resort;
(v) preventing pollution and ecological degradation;
(vi) securing ecologically sustainable development while promoting justifiable
economic and social development;
(vii) promoting and ensuring the effective delivery of waste services;
(viii) remediating land where contamination presents, or may present, a
significant risk of harm to health or the environment: and
(ix) achieving integrated waste management reporting and planning;
(b) to ensure that people are aware of the impact of waste on their health,
well-being and the environment;
(c) to provide for compliance with the measures set out in paragraph (a)\ and
(d) generally, to give effect to section 24 of the Constitution in order to secure an
environment that is not harmful to health and well-being.
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Broadly the Act deals with:
A National Waste Management Strategy,
institutional and planning matters and waste
management measures including licensing and
technical aspects.
The Act requires the Minister to develop a
Waste Management strategy within two years
and must include the following:
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(a) objectives, plans, guidelines, systems and procedures relating to the protection
of the environment and the generation (including the avoidance and
minimisation of such generation), re-use, recycling, recovery, treatment
disposal, use. control and management of waste in order to achieve the objects
of this Act;
(b) mechanisms, systems and procedures for giving effect to the Republic's
obligations in terms of relevant international agreements;
(c) practical measures for achieving co-operative governance in waste manage
environmental matters;
(cl) guidance on raising awareness regarding the impact of waste on health and the
environment;
(e) approaches for securing compliance with the requirements of this Act,
including the monitoring of compliance; and
(/) any other matter that the Minister considers necessary for achieving the
objects of this Act.
The national waste management strategy may include targets for waste reduction.
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Minister in charge of setting norms and
standards classification of waste; planning for
and provision of waste management services;
storage, treatment and disposal of wate
National Waste Collection Standards 2011
Purpose is to bring waste services to those who
have previously had access and generally
improve services.
These standards are to be implemented by local
government authorities
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MEC is also empowered to make norms and
standards, however they must not conflict with
other standards. They must promote objectives.
Norms and standards relating to minimisation,
re-use and recycling must be set by provincial
authority 9national stds are only directory).
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Municipalities also have powers to determine
‘waste service standards’ at s 9
Must deliver services to achieve objectives and
ensure access of services to all.
The Minister, MEC’s and Municipalities must
work in harmony.
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Chap 3 of Act: Institutional and planning
matters.
Provides for appointment of Waste
Management Officers at all levels to coordinate.
DEAT and provincial departments to develop
integrated waste management plans.
Describing how objectives are to be met and
what challenges are faced in specific areas as
well as a situation analysis eg. Population size
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Implementation of minimisation, re-use and
recycling and give effect to ‘best environmnetal
practice’.
Chap 4: Waste Management Measures
The categories under this heading are: Priority
waste; Duty in waste management; Reduction,
re-use, recycling; Listed waste management
activities; storage collection and transport;
treatment processing and disposal; industrial
waste management plans; contaminated land and
other measures.
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Minister enabled to declare ‘priority waste’ and
state how to deal with it, including stopping all
import and manufacture of such products.
General duty in respect of waste management
16. (1) A holder of waste must, within the holder's power, take all reasonable 15
measures t o—
(a) avoid the generation of waste and where such generation cannot be avoided,
to minimise the toxicity and amounts of waste that are generated;
(b) reduce, re-use, recycle and recover waste;
(c) where waste must be disposed of, ensure that the waste is treated and disposed 20
of in an environmentally sound manner;
(d) manage the waste in such a manner that it does not endanger health or the
environment or cause a nuisance through noise, odour or visual impacts;
(e) prevent any employee or any person under his or her supervision from
contravening this Act; and 25
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(/) prevent the waste from being used for an unauthorised purpose.
(2) Any person who sells a product that may be used by the public and that is likely
to result in the generation of hazardous waste must take reasonable steps to inform the
public of the impact of that wasle on health and the environment.
(3) The measures contemplated in this section may include measures t o— 30
(a) investigate, assess and evaluate the impact of the wasle in question on health
or the environment;
(b) cease, modify or control any act or process causing the pollution, environmental
degradation or harm to health;
(c) comply with any norm or standard or prescribed management practice; 35
(d) eliminate any source of pollution or environmental degradation; and
(e) remedy the effects of the pollution or environmental degradation.
(4) The Minister or MEC may issue regulations to provide guidance on how to
discharge this duty or identify specilic requirements that must be given efleet to, after
following a consultative process in accordance with sections 72 and 73. 40
(5) Subsection (4) need not be complied with if the regulation is amended in a
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Any person who sells products to the public that
might be a threat to health or the environment
eg. Hazardous waste, must take reasonable steps
to inform the public and Minister on
environmental impact.
Minister may classify products that require
extended producers responsibility.
May also declare ‘listed activities’ which require a
licence or compliance with notice.
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Lists in terms of s19 published in 2009
Category ‘A’ and ‘B’.
‘A’ requires basic assessment process ito chap 5
NEMA and ‘B’ an EIA because these include
hazardous wastes.
Persons who store waste must take reasonable
measure to ensure no contamination.
If want to collect waste privately must register
with municipality.
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S 27 – if public access land must supply bins.
Chap 4 part 8 provides for contaminated land.
Provisions not very comprehensive compared to
UK USA. Section applies retrospectively.
Minister may declare area ‘high risk’ if significant
contamination.
Min may assess site to determine situation.
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Consideration of site assessment reports
38. (1) On receipt of a site assessment report contemplated in section 37, the Minister
or MEC, as the case may be, may, after consultation with the Minister of Water Affairs
and Forestry and any other organ of state concerned, decide that— 30
(a) the investigation area is contaminated, presents a risk to health or the
environment, and must be remediated urgently;
(b) the investigation area is contaminated, presents a risk to health or the
environment, and must be remediated within a specified period;
(c) the investigation area is contaminated and does not present an immediate risk. 35
but that measures are required to address the monitoring and management of
that risk; or
(d) the investigation area is not contaminated.
(2) If the Minister or MEC. as the case may be, decides that an investigation area is
contaminated and requires remediation, the Minister or MEC must declare the land to be 40
a remediation site and make such remediation order as is necessary to neutralise that
risk.
(3) If the Minister or MEC. as the case may be, decides that the investigation area does
not present an immediate risk, but that measures are required to address the monitoring
and management of that risk, the Minister or MEC may make an order specifying the 45
measures that must be taken.
(4) Unless otherwise directed, a remediation order under subsection (2), an order
under subseciion (3) or a directive under section 37(1) must be complied with at the cost
of the person against whom the order or directive is issued.
(5) The Minister or MEC, as the ease may be, may amend a remediation order if— 50
(a) ownership of the land is transferred and the new owner in writing assumes
responsibility for the remediation; or
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If contaminated then declared a ‘remediation
site’. Cost of remediation is with person ordered
to do so.
Chap 5: Licencing
MEC is the authority for issuuing except for
hazardous waste.
Applicant must be a fit and proper person.
Factors provided to determine.
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Chap 6: Waste Information system.
To provide info and aid to development of
integrated waste management plan.
Offences: Failure to comply with duties or to
comply with remediation order ito s 38(2) =
maximum 10 million Rand fine or 10 years in
prison.
Compliance and enforcement provisions in
NEMA are applicable.
Health Act 63 of 1977
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Contains provisions that relate to waste and
Nuisance.
Conclusion
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Comprehensive statute for waste long overdue.
Concerns: are provisions relating to
contaminated land.
Municipalities responsible for implementation
but are behind on service delivery in general.
Kidd suggests a less sophisticated Act focused
on basics.
Implementation in diff ways; compulsory
deposit refund system; subsidised recycling.
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South Africa’s recycling stats are good in 2009
58% of paper was recycled and 69% of steel.
These stats are comparable to developed
countries.
Dumping is our main disposal mech. Currently
over 900 sites with half of those not being
licenced.
Litter is also a big problem 80 million per year.