2 Overall strategy - implementing the waste hierarchy
2.1 Objectives of National Waste Management Strategy
2.1(1)
Section 6 (1) of the Waste Act requires the development of a National Waste Management Strategy that gives effect to the objects of the Act, which are:
to protect health, well-being and the environment by providing reasonable measures for—
minimising the consumption of natural resources;
avoiding and minimising the generation of waste;
reducing, re-using, recycling and recovering waste;
treating and safely disposing of waste as a last resort;
preventing pollution and ecological degradation;
securing ecologically sustainable development while promoting justifiable economic and social
development;
promoting and ensuring the effective delivery of waste services;
remediating land where contamination presents, or may present, a significant risk of harm to health or the
environment; and
achieving integrated waste management reporting and planning;
to ensure that people are aware of the impact of waste on their health, wellbeing and the environment;
to provide for compliance with the measures set out in paragraph (a) and
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.
2.1(2)
The primary focus of these objects is the achievement of the waste hierarchy, but there is also a set of broader social and economic objectives which the strategy aims to achieve, summarised in Section 6 (1)(a)(vi) above. These objects of the Waste Act have been distilled into a set of high level goals and objectives for sustainable development and for each step of the waste hierarchy. The goals and objectives of the NWMS are summarized in the table below.
| Goal | Objectives |
|---|---|
| Securing ecologically sustainable development while promoting justifiable economic and social development |
|
| Avoiding and minimizing the generation of waste |
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| Reducing, re-using, recycling and recovering waste |
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| Promoting and ensuring the effective delivery of waste services |
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| Treating and safely disposing of waste as a last resort |
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| Remediating land where contamination presents a significant risk of harm to health or the environment |
|
2.1(3)
In addition to the above high level goals and objectives, there are a number of process related goals and objectives relating to the mechanisms required to achieve the overall goals, which reflect intermediate level outputs. The goals and objectives for these are summarized in the table below.
| Goals | Objectives |
|---|---|
| Achieving integrated waste management planning |
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| Sound budgeting and financial management for waste services |
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| Adequate staffing and capacity for waste management |
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| Effective compliance with and enforcement of waste regulations |
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| Effective monitoring and reporting on performance with waste functions |
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| Ensure that people are aware of the impact of waste on their health, well-being and the environment |
|
2.1(4)
Progress against the achievement of these goals and objectives will be measured in terms of indicators and targets set for the NWMS in Section 5.10 below. DEA’s annual performance report will report on progress against a priority list of the indicators.
2.1(5)
Section 6(5)(e) of the Waste Act states that the strategy must be reviewed by the Minister at intervals not exceeding five years, and as part of the five year review a comprehensive assessment of progress against the indicators will be undertaken.
2.1(6)
The Waste Act further prescribes that the strategy must include the following elements:
- Strategies, 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 objectives of the Act.
- Mechanisms, systems and procedures for giving effect to the Republic’s obligations in terms of international agreements.
- National norms and standards for waste management, including planning, and service delivery.
- Practical measures for achieving co-operative governance in waste management matters.
- Guidance on raising awareness regarding the impacts of waste on health and the environment.
- Approaches for securing compliance with the requirements of the Act.
- Targets for waste reduction.
2.1(7)
These elements have all been addressed in this NWMS. The Minister may also prescribe additional items to be included in the strategy that are considered necessary for achieving the objects of the Act.
2.2 Approach - waste hierarchy and regulatory model
2.2(1)
The Waste Act, 2008 provides a range of waste management measures that can be deployed to achieve the objectives of the Waste Act and that are applicable to the plethora of waste management challenges in the country.
2.2(2)
The conceptual approach to waste management is underpinned by the waste hierarchy, which was introduced into South African waste management policy in the White Paper on Integrated Pollution and Waste Management. It was a hallmark of the 1999 NWMS, as represented in Figure 1.
Figure 1: Waste Hierarchy, NWMS 1999
2.2(3)
The essence of the approach is to group waste management measures across the entire value chain in a series of steps, which are applied in descending order of priority. The foundation of the hierarchy, and the first choice of measures in the management of waste, is waste avoidance and reduction. Where waste cannot be avoided, it should be recovered, reused, recycled and treated. Waste should only be disposed of as a last resort.
2.2(4)
The Waste Act, and consequently the NWMS, in addition addresses those situations in which the waste hierarchy is not implemented successfully, through providing additional measures for the remediation of contaminated land to protect human health and secure the wellbeing of the environment.
Figure 2: Waste Hierarchy, NWMS 2010
2.2(5)
Implementation of the waste hierarchy requires changes in the way products are designed and manufactured in order to promote their re-use and recycling, giving effect to the concept of ‘cradle-to-cradle’ waste management. This is an important advance on the previous “cradle to grave” approach, which entailed producer responsibility for the entire lifecycle of a product until its final disposal. Cradle to cradle management ensures that once a product reaches the end of its life span, its component parts are recovered, reused or recycled, thereby becoming inputs for new products and materials and this cycle repeats itself until the least possible portion of the original product is eventually disposed of.
2.2(6)
To achieve the goals and objectives of the NWMS, a tiered and consensual model has been adopted, which seeks the optimal combination of regulation and compliance measures with self regulatory components, voluntary initiatives, economic incentives, and fiscal mechanisms. This model aims to establish a level of baseline regulation for the waste sector, as a foundation for a co-regulatory system that relies on industry initiative and voluntary compliance. In instances where industry response proves insufficient for dealing with waste challenges or a market failure prevails, more interventionist regulatory tools will be utilised. In line with this model the various mechanisms and measures set out in the Waste Act are viewed as a “tool box” of instruments to be used systematically and strategically in addressing specific issues.
2.2(7)
The foundation of the tiered and consensual model is the development of a system of national norms and standards, which creates a common national platform for waste management activities to be undertaken by both public and private sectors. The Waste Act also provides for the development of provincial norms and standards as well as local waste services delivery standards, provided they do not contradict the national standards. The consequences of jurisdictional variation in norms and standards will have economic and administrative implications which need to be carefully evaluated.
Figure 3: Type of Industry IWMPs requiring Ministerial approval
2.2(8)
In addition to norms and standards, the Waste Act creates a system for listing and licensing waste management activities, which is the other key element of the baseline regulatory system. Listed waste management activities above certain thresholds are subject to a process of impact assessments and licensing. Furthermore, in order to promote the reuse and recovery of waste, certain waste stream activities will be registered as an acceptable use depending on the outcome of an impact assessment, and will not require licensing. This provides a primary level of regulatory control over activities along the waste management value chain.
2.2(9)
The Waste Act places a large emphasis on Industry Waste Management Plans (IndWMPs), which are the central element in the co-regulatory system. The diagram above presents an overview of the four different types of industry waste management plans that may be considered. The plans differ in respect to who develops them; the purpose for their development, which will affect their content; whether they need to be approved by the Minister or not; and the benefits for industry. These criteria are discussed in greater detail in Section 3.4.
2.2(10)
The Waste Act also contains a suite of more interventionist regulatory measures that form the last tier of the regulatory model. These include provisions for the declaration of priority wastes and extended producer responsibility, which are regulatory tools which will be invoked in instances where specific regulatory gaps needs to be addressed, if necessitated by the accession to MEAs, or where there is persistent non-compliance or failure or inability by a sector or industry to address waste management issues. Priority wastes may also be declared where government seeks a solution to a persistent waste problem where multiple players and partners are involved, and where the process will assist government in developing the most suitable solution involving all relevant role-players. These measures will also be backed up by economic incentives and fiscal mechanisms.
2.2(11)
In developing an overall strategy for the NWMS, this regulatory model is applied to each phase of the waste hierarchy.
2.3 Waste avoidance and reduction
Figure 4: Waste Hierarchy, NWMS 2010
2.3(1)
Waste avoidance and reduction is the foundation of the waste hierarchy and is the preferred choice for waste management measures. The aim of waste avoidance and reduction is to achieve waste minimization and therefore reduce the amount of waste entering the waste stream. This is especially pertinent for some waste streams where the recycling, recovery, treatment or disposal of the waste is problematic.
2.3(2)
While waste minimisation is difficult to quantify, available figures indicate that waste generation per capita and per GDP (as a proxy for waste minimisation) are on the increase. There is limited uptake of waste avoidance and reduction measures, and limited statistical information on waste streams and reduction measures, including reduction measures during the production stage. For industries which do not have baseline statistics, setting targets for waste reduction measures may be challenging.
2.3(3)
Waste minimisation occurs largely as a result of competitive pressures and economic incentives, and through producer responsibility initiatives implemented by industry on a voluntary basis. Government initiatives in this area have met with varying levels of success. Perhaps the most notable of the national government initiatives in respect to waste minimization has been the plastic bag levy initiative. This is the first instance of a tax instrument being used to effect change in behaviour at both consumer and industry level. This initiative aims to reduce the number of plastic bags being disposed of, limit their utilization and increase their re-usability and value.
2.3(4)
Incorporating waste reduction principles into the design and packaging of products at the point of manufacture is more efficient than focussing on post-consumption responses. The focus for industry in terms of waste reduction needs to be on innovative design, and weight and size reduction, to reduce waste as well as lower transportation costs.
2.3(5)
The Department of Trade and Industry (the dti) plays a primary role in relation to waste avoidance and reduction through focusing on cleaner production and technology. The draft Cleaner Production Strategy (2004) is an important policy framework of the dti, which has overseen the establishment of the National Cleaner Production Centre. This centre has undertaken a number of demonstration projects, which aim to investigate the viability of various initiatives and mechanisms.
2.3(6)
Whilst cleaner production and product design are governed by the dti, the Waste Act contains a provision for DEA to request, in consultation with the Minister of Trade and Industry, that the producer provide for the reduction of products or components, or that the products or components contain a minimum percentage of recyclate content. A coordinated approach between DEA and the dti will be followed in implementing these provisions. A balance will be found between encouraging design and packaging changes at the point of manufacture, whilst maintaining the momentum of current post-consumer initiatives.
2.3(7)
Industry Waste Management Plans will include targets and measures for waste minimisation and recycling, and will set out performance monitoring systems for measuring progress against targets.
2.3(8)
DEA will investigate the feasibility of setting norms and standards for waste minimisation. The Waste Act includes a discretionary provision for national norms and standards relating to waste minimisation. There are currently no norms and standards for waste reduction at either an industry or municipal level. An investigation will be conducted by DEA, in consultation with the dti and industry, regarding product design, packaging and content, and other related measures to minimize waste generation.
2.3(9)
The current pricing of waste disposal will be reviewed in order to build in incentives for waste minimisation by consumers. Historically municipalities have undercharged for waste services, and in terms of costing options, only one option, or fixed cost, has been made available to households. Since waste disposal charges are set at a fixed rate, there is no financial incentive for disposers to recycle and reduce waste generated. As a first step, full cost accounting is required to properly understand the cost of waste services provision. On the basis of a proper understanding of the costs, cost reflective tariffs must be charged to consumers across all municipalities. Over the longer term, volumetric charging should be implemented by all municipalities, as the requisite levels of administrative and financial capacity are built. Further economic instruments to promote waste minimisation will be considered by government once the pricing of waste services and disposal has been addressed.
2.3(10)
The importance of waste minimization and ways in which industry, households and consumers can contribute to this will be included within an overarching public awareness campaign for waste to be coordinated by DEA.
2.3(11)
Through the implementation of the above mentioned actions, both DEA and industry can achieve waste minimization. Setting standards, altering product design, providing incentives and disincentives, and motivating the public will result in higher levels of waste minimization throughout the lifecycle of waste.
2.4 Recovery, re-use and recycling
Figure 5: Waste Hierarchy, NWMS 2010
2.4(1)
Recovery, re-use and recycling comprise the second step in the waste hierarchy. Recovery, re-use and recycling are very different physical processes, but have the same aim of reclaiming material from the waste stream and reducing the volume of waste generated that moves up the waste hierarchy. Section 17 of the Waste Act sets out standards regulating recovery, reuse and recycling and describes a range of additional regulatory measures available to the Minister in this respect.
2.4(2)
Recycling rates within South Africa are relatively well established12 , driven primarily by industry-led, voluntary initiatives with funds managed independently of government via non-profit associations, which oversee recovery/recycling processes and facilities.
2.4(3)
Approximately one and a half billion tons of packaging and paper waste (40% of the consumption of packaging and paper products) is recycled per annum13 . Whilst this is still slightly behind developed country statistics, this provides an established base upon which to build and set future targets for the recycling industry.
2.4(4)
Current recycling rates in South Africa are set out in the table below:
| Example of recyclate | % recycled in 2007 |
|---|---|
| Metal beverage cans | 70% |
| Paper | 54.5% |
| Glass | 25% |
| Plastic | 22% |
*based on 2007 figures from PACSA
2.4(5)
Waste generation and recycling activities are broadly linked to income levels - the more affluent the household, the higher the proportion of recyclable material in the waste stream, making recycling initiatives more viable commercially. As a result, the right balance needs to be found between a mix of initiatives, based on income levels per area.
2.4(6)
Norms and standards for recovery, reuse and recycling of waste will be developed in terms of the Waste Act. Amongst others, norms and standards will be set to facilitate separation at source of waste for municipal collection. In order to encourage reuse of industrial wastes, norms and standards which allow for “acceptable use” of waste will be developed. In order for a waste to be considered for ‘acceptable use’ specific requirements will need to be met, including detailed risk assessments.
2.4(7)
Norms and standards for recovery, reuse and recycling will also be developed to support the implementation of IndWMPs and extended producer responsibility initiatives. For example, norms and standards will regulate the recycling of used oil by the garage and motor vehicle maintenance industry in support of an IndWMP for the sector.
2.4(8)
Realistic and defendable targets and measures for recovery, reuse and recycling of waste will be included in IndWMPs. Targets for recovery, reuse and recycling of waste for all the main waste categories will be developed progressively over five years, in line with the development and implementation of IndWMPs as per section 30(2) of the Waste Act. The IndWMP for the paper and packaging industry will set clear targets for the recovery, reuse and recycling of metal beverage cans, paper, plastic and glass, for which there are accurate baseline statistics. In relation to other waste streams, the initial focus of IndWMPs for these sectors will be to establish accurate baseline data.
2.4(9)
Voluntary industry led initiatives for recovery, reuse and recycling of waste will be promoted, and DEA will not intervene where they are working successfully. In some instances additional supporting regulatory or financial mechanisms are required. Formalising initiatives within for example, EPR schemes, will enable DEA to produce supportive regulations which can assist with uptake and compliance in relation to the measure.
2.4(10)
The Waste Act allows the Minister, after consultation with the Minister of Trade and Industry, to require the recovery, reuse and recycling of products or components, and to determine a percentage of recycled material in products. These provisions will be used to reinforce EPR schemes, and to address instances in which voluntary initiatives by industry have proved unsuccessful. Guidelines for the application of these provisions will be developed in consultation with all stakeholders.
2.4(11)
The original design of a product impacts greatly on the recoverability and recyclability of the materials contained within it. Product design which facilitates reduced hazardous components, reduced mixed materials, and ease of separation, is an important measure to support recycling. DEA and the dti will establish a bilateral committee to coordinate initiatives impacting on product design and minimum recyclate content for products, as well as other regulatory measures such as priority wastes and EPR programmes. The dti will complement product design initiatives by setting standards for the product in question.
2.4(12)
Sustainable job creation in relation to recovery, reuse and recycling of waste will be promoted. There are approximately 90,000 jobs14 in the recycling industry at present, although estimates of jobs within the informal recycling sector are unreliable. Employment opportunities are concentrated within the collection and sorting phases of recycling, as well as informal recycling activities such as ‘waste-picking’ on landfills. Government is keen to see the expansion of the recycling sector, and promotion of SMMEs, cooperatives and EPWP projects through the implementation of separation at source and establishment of Materials Recovery Facilities (MRFs).. Measures to achieve this are to be included in IndWMPs.
2.4(13)
At the same time health and safety standards within the sector need attention. While waste-picking on landfills contributes to the livelihoods of those involved, the health and safety hazards related to informal waste-picking on landfills are of grave concern to both government and industry. Accommodating the informal recycling sector within the recycling industry through establishing waste collectives and other measures is vital, and IndWMPs should set out the manner in which industry proposes to achieve such measures within their sector.
2.4(14)
Separation at source is an important means to both improve the quantity of recyclates, and reduce waste sent to landfill. Separation at source will also result in a better quality of recyclates in terms of lower contamination levels. Over the next five years it is intended that measures to implement separation at source will be piloted by the paper and packing industry though the implementation of the IndWMP with a view to rolling out a successful system country wide. This process will have minimal impact on municipal waste collection capacity requirements, whilst meeting recycling objectives. Separation at source is likely to result in much higher volumes of recyclates, and in order to ensure demand meets supply, measures to stimulate the market for recyclates may be required. Industry will need to develop markets for recyclable material which government should support. The introduction of a levy on some virgin materials sold for use within South Africa could provide an incentive for the use of recyclates as an alternative.
2.4(15)
Education and awareness of the benefits associated with recovery, re-use and recycling are important to ensure public participation in re-use and recycling initiatives, and in facilitating mutually beneficial initiatives between government and industry. Education and awareness can affect the level of the demand for recycled products. DEA will support the national education and awareness campaigns rollout by Indalo Yethu and Buyisa-e-bag, whilst industries are encouraged to provide education and awareness through their own initiatives, which can be formalised in terms of their IndWMP and EPR schemes.
2.4(16)
Reporting and monitoring of waste recovery, reuse and recycling measures requires an accurate baseline figure, and a baseline study of waste quantities and flows through reduction, re-use, recycling and recovery techniques will be undertaken by DEA within the next year. This baseline data will then be used to set and measure against firm targets.
Footnotes:
12Geoff Purnell, Munitech, “National Waste Quantification and the Waste Information System”, 2009, paper produced for Department of Environmental Affairs as part of NWMS.
13PACSA 2007 figures.
14Figure based on a research paper entitled Macroeconomic trends, targets and economic instruments, 2009, Mike Goldblatt, Palmer Development Group.
2.5 Storage, collection and transportation of waste
2.5(1)
Waste services delivery, including the storage, collection and transportation of waste, is the main point of interface between the public and waste service providers. The extent and form of provision of waste services to households and businesses also impacts directly on all stages of the waste hierarchy. The Waste Act requires municipalities to ensure access to and sustainability of waste services, to provide waste services at affordable prices, and to keep separate financial statements for waste services provided, amongst others. Waste management services are a core function of all metropolitan municipalities and most local municipalities, while district municipalities in general do not view waste management as part of their functions.
2.5(2)
The NWMS sets out a programme for universal provision of waste services according to standards developed in terms of the Waste Act. In order to achieve this, coordinated action by different spheres of government is required to address the fiscal and capacity problems faced in waste service provision.
2.5(3)
Norms and standards for the planning and provision of waste management services will be promulgated. The Waste Act obliges DEA to set norms and standards for waste management services, and draft norms and standards have been published for public comments. DEA recognises that the levels of waste service will differ between areas depending on the practicality and cost efficiency of delivering the service. The following minimum levels of service have been proposed:
- On-site appropriate and regularly supervised disposal (applicable mainly to remote rural areas with low density settlements and farms supervised by the waste management officer)
- Community transfer to central collection point (medium density settlements)
- Organised transfer to central collection points and/or kerbside collection (high density settlements)
- Mixture of ‘b’ and ‘c’ above for the medium to high density settlements.
2.5(4)
The Waste Act also provides for provincial norms and standards to be set in relation to waste management services, although differing provincial standards will raise issues in terms of the administrative capacity to monitor and enforce them. Provinces and DEA will agree on a common set of national standards to be promulgated, thereby obviating the need for separate provincial standards.
2.5(6)
Municipalities may further set waste services standards for the separation, compacting and storage of solid waste, the management and directing of solid waste, and in respect of the control of litter. The Waste Act requires that municipal waste service standards are aligned with provincial and national norms and standards. Many municipalities have already passed by-laws regulating solid waste management and setting local standards. DEA will prepare a draft model municipal by-law for regulating waste services, which can be used as a basis for less capacitated municipalities to develop their own by-laws.
2.5(7)
Targets for waste services delivery will be set in municipal and provincial integrated waste management plans, with the objective of ensuring universal coverage of waste services according to the above standards within a realistic timeframe. The Cooperative Governance and Traditional Affairs Department (COGTA) recognises a degree of difference in the fiscal, spatial, functional and governance capabilities within local municipalities. These differences require a differentiated approach to be adopted to waste services provision by municipalities across the rural and urban landscape of South Africa. The four local municipal categories included in the COGTA classification are:
- Class 1: Most vulnerable (57 local municipalities)
- Class 2: Second most vulnerable (58 local municipalities)
- Class 3: Second highest performing (58 local municipalities)
- Class 4: highest performing (58 local municipalities)
2.5(8)
DEA will prepare a detailed Sector Plan for Addressing Waste Services Backlogs in order to support the provision of a sustainable waste management services to all South Africans.
2.5(9)
A policy for Free Basic Refuse Removal (FBRR) will be finalized to ensure that poor (indigent) households have access to at least basic refuse removal services from the concerned municipality. The FBRR policy service will address three key pillars listed in order of priority namely:
- Gaining access (dependent on capital expenditure for FBRR services).
- Maintaining access (dependent on operating expenditure for FBRR services).
- Targeting the poor (dependent on subsidy mechanisms that will remove the financial burden from the indigent).
2.5(10)
It is important that as an initial step municipalities are aware of the true costs of waste services. Full cost accounting, which includes taking account of the full capital replacement, operating and environmental costs of delivering waste collection and disposal services, is essential in order to plan for waste service delivery, to correctly target subsidies to the indigent and to ensure financial sustainability. DEA in conjunction with National Treasury will prepare a guideline for municipalities setting out the steps that should be followed to account fully for the costs of waste services.
2.5(11)
Municipalities are required to adopt a tariff policy for municipal services in terms of Section 74 of the Municipal Systems Act, and pass a by-law to give effect to that policy in terms of Section 75. Current tariff policies and under-pricing of waste services over the years has led to an average 15% operating deficit in municipalities15. Waste service tariffs need to be comprehensively reviewed by municipalities, and DEA will prepare and issue guidelines in this regard. The guideline will avoid artificially influencing pricing to support waste minimisation objectives only.
2.5(12)
Alternative service delivery models need to be evaluated. The Municipal Systems Act, 2000, requires that in expanding services to non-serviced areas, municipalities must evaluate the most appropriate method for service delivery, including the use of external delivery mechanisms. Despite the potential for external mechanisms for waste services delivery to contribute to greater efficiency and job creation, only 13% of authorised municipalities have outsourced or commercialised service provision activities in 200716. The use of community-based service delivery mechanisms has also been limited. The process for evaluating service delivery mechanisms is set out in Section 78 of the Municipal Systems Act, 2000, and the procedure for establishing Public Private Partnerships is regulated in terms of the Municipal Finance Management Act, 2003. National Treasury has issued detailed guidelines for the utilization of PPPs by municipalities.
2.5(13)
Labour intensive and community based mechanisms for waste service delivery will be promoted by all spheres of government. Community based waste service models will be piloted in both private and government waste services provision in municipalities to maximize job creation and SMME development. Existing government programmes such as the Expanded Public Works Programme (EPWP) will be utilised to increase job creation in waste services industry. Through the EPWP all spheres of government (in terms of their normal mandates and budgets) and the non state sector (supported by government incentives) can optimise the creation of work opportunities through the delivery of public and community services. DEA will examine how best employment creation pilot projects such as these can be brought to scale, and will consult with National Treasury regarding the most appropriate fiscal mechanisms to achieve this.
2.5(14)
Provisions for the storage of waste and hazardous waste, including temporary storage, are contained in the Waste Act. Storage facilities receiving in excess of 30 tons of waste per day or with a through put capacity of 20 cubic metres of waste per day require a waste management license, and will be subject to a basic assessment in terms of the EIA Regulations as part of the licensing process. This is elaborated further in Section 3.8 of the NWMS.
2.5(15)
Provisions for the registration of transporters of waste with the relevant province or municipality will be developed by DEA, with appropriate thresholds set for transporters, so that the regulatory burden on government and industry is kept to a minimum. This is elaborated further in Section 3.8 of the NWMS.
Footnotes:
15Savage, D. (2009) Cooperative Governance, Local Government and the Waste Planning System Research Paper commissioned for the National Waste Management Strategy.
16Savage, D. (2009) Cooperative Governance, Local Government and the Waste Planning System Research Paper commissioned for the National Waste Management Strategy.
2.6 Treatment and disposal
2.6(1)
This section describes the strategic priorities for treatment and disposal – Section 3.9 describes the practical details of implementation in terms of the instruments provided by the Act, and the associated organisational arrangements.
2.6(2)
Section.2(a)(iv) of the Waste Act clearly indicates that the treatment and disposal of waste is a “last resort” within the hierarchy of waste management measures. In terms of the definitions in the Waste Act:
- Treatment is any process that is designed to minimise the environmental impact of waste by changing the physical properties of waste or separating out and destroying toxic components of waste.
- Disposal refers specifically to the depositing or burial of waste onto, or into, land.
2.6(3)
Treatment, processing and disposal of waste must take place in accordance with the principles of environmental justice and equitable access to environmental services as articulated in the National Environmental Management Act 107 of 1998 (NEMA). This is particularly important in the light of the fact that landfill and waste treatment facilities tend to be located in close proximity to poor communities and informal settlements.
2.6(4)
Ensuring that waste is treated, processed and disposed of in an appropriate manner will be accomplished, in the first place, through the application of norms and standards that will:
- Determine appropriate operational standards for landfills, including monitoring and reporting requirements.
- Specify the types of waste that can be disposed of in particular categories of landfills.
- Determine operational standards for particular treatment and processing technologies.
2.6(5)
Norms and standards for the treatment and disposal of waste will be developed by DEA in terms of Section 7(1)(c) of the Waste Act, and will be promulgated during 2010.
2.6(6)
In terms of waste treatment and processing, DEA supports the development of alternatives to landfill, including incineration, gasification, and pyrolysis in so far as they generate energy. Thermal treatment of waste must conform to air emissions standards to mitigate the impact on health and the environment. While there are cost implications of conformant incineration as a waste processing technology, these need to be considered in relation to the rising costs of disposal to landfill as full cost accounting is implemented. It is anticipated that appropriate incineration, gasification and pyrolysis facilities will increase over time and ultimately replace landfills as the primary disposal mechanism for waste.
2.6(7)
The strategic approach to incineration, gasification and pyrolysis as energy recovery mechanisms is discussed in Section 2.4 of this strategy and the regulatory instruments are described in 3.7.
2.6(8)
Landfill capacity, licensing compliance and shortfalls in treatment and disposal facilities have been identified as strategic challenges in Section 1.6 of this strategy. It is the primary responsibility of municipalities to make sure that the landfills are properly managed according to national standards, and that they are permitted and are compliant with the conditions of their permits. At the same time municipalities need to plan proactively for future airspace requirements, and to make the necessary investments in capital infrastructure for this purpose. In addressing this challenge, DEA and the provinces will implement a programme for the licensing of landfills and compliance monitoring of licensing that:
- Provides a schedule for the licensing in terms of the Waste Act of treatment, processing and disposal facilities currently permitted in terms of Section 24 of NEMA.
- Includes targets for the licensing of currently unlicensed treatment, processing and disposal facilities.
- Establishes a task force in each province to systematically visit each municipality, establish the current status of the management of the existing landfills and planning for new landfills, and provide a recommendation report for each municipality, indicating the steps that must be taken to regularise the management and permitting of the existing landfills, and steps required to initiate planning for new landfill sites. This countrywide evaluation will be completed by 2011.
- Following the conclusion of the work of the above task force, a programme of work for the newly appointed EMIs from provincial and national government will focus on enforcing compliance with norms and standards for waste treatment and disposal that includes proactive monitoring of compliance by each municipality.
- Includes incentives for compliance by municipalities in terms of a redesigned “Cleanest Town” campaign as described in Section 5.6.
2.6(9)
The Waste Act permits the Minister to set norms and standards for the regionalisation of waste management services, which include treatment, processing and disposal. The primary focus of such regionalisation would be the establishment of regional landfills that service a number of local municipalities. These would be best managed by district municipalities, or by local municipalities within a district acting on behalf of a number of contiguous municipalities. The environmental benefits of regional landfills need to be off-set against the additional costs arising from transport of waste from local transfer stations and the potential for reduced local accountability for service delivery due to the greater scale at which decisions are taken. DEA will undertake a detailed cost-benefit analysis of regionalisation, and on the basis of this will prepare guidelines for use by district and local councils in evaluating whether and how to regionalise waste services, and in which instances the function of waste collection services should be shifted from local to district level. The guidelines will:
- Examine the environmental benefits and cost efficiencies derived from regionalisation.
- Provide an indicative cost model for planning purposes that can be used for calculating the costs of transporting waste to transfer stations, and from transfer stations to landfill, as well as the costs of disposal at local vs. regional sites.
- Stipulate appropriate spatial planning guidelines for distance from populations per density for transfer stations, landfill sites and waste treatment and recycling centres.
- Provide the basis for calculating optimal catchment borders for waste transfer stations in terms of the costs of collecting and transporting waste.
2.6(10)
The use of the Municipal Infrastructure Grant to promote regionalisation will be considered by COGTA and DEA following the completion of the above cost-benefit analysis. In order to understand the scale of capital investment required, municipalities will be required to quantify current landfill capacity and estimate future need based on a district by district analysis in their integrated waste management plans. This information will provide the statistical basis for strategic planning in relation to the utilisation of MIG funding to invest in regional treatment and disposal infrastructure, and the results of the survey will also inform municipal and provincial IWMPs.
2.6(11)
In terms of the treatment and disposal of hazardous waste and Health Care Risk Waste there is an urgent need for additional treatment capacity to be developed by the private sector, especially bearing in mind the long term goal of phasing out onsite disposal of this waste. Currently, the lack of capacity has led to an untenable reliance on obsolete and unreliable facilities and is hampering efforts to divert waste from landfill and support the recovery of energy from waste. Most provinces have no hazardous waste facilities, and where a proven need for these facilities exists, measures to address this must be included in provincial IWMPs.
2.6(12)
The requirements for thermal Health Care Risk Waste treatment facilities have been gazetted through the air quality standards setting process. All the current permits for HCRW treatment plants will be reviewed to ensure that they meet the requirements. Where Health Care Risk Waste treatment facilities are not compliant with the standards for incinerators set in the National Air Quality standards, the Department will require plans be drawn up for decommissioning the facilities within a year, with a view to decommissioning them within three years. Once the standards for non-thermal HCRW treatment facilities have been developed, all permits for non-thermal HCRW treatment facilities will be reviewed to ensure alignment and compliance. Similarly non-thermal HCRW treatment facilities that do not comply with the standards will be required to draw up plans within one year of the publication of the HCRW regulations plans for decommissioning them within three years.
2.6(13)
Municipal landfills are largely underfunded, and as a consequence the necessary management features such as cell development, leachate management, weigh bridges, compaction, capping etc. are not performed. The proper financing of landfills and shortfalls in treatment and disposal capacity will be addressed as part of the fiscal regime for waste management that progressively incorporates full-cost accounting into waste tariffs. Over the next five years the costs of managing municipal landfills need to be fully accounted for, and the costs passed directly onto businesses and consumers in terms of waste service tariffs. DEA will incorporate this into the guidelines to be developed regarding municipal tariffs.
2.6(14)
The legislative and regulatory instruments, policy processes, and institutional arrangements that will be used to achieve the strategic priorities for treatment, processing and disposal are outlined in Section 3.9 of this strategy.
2.7 Remediation
2.7(1)
Remediation of the effects of waste and pollution is the final step in implementing the waste hierarchy. There is a lack of data on the number and extent of contaminated sites spread across the country, due in part to the scale of mining activity in the country, as well as the historical under-regulation of this area. The scope of the contamination problem is widely acknowledged to be significant.
2.7(2)
Prior to the promulgation of Waste Act, remediation of contaminated land was primarily regulated in terms of Section 28 National Environmental Management Act, 1998 (NEMA) and the National Water Act, 1998. Section 28 of NEMA provides measures for the Duty of Care and Remediation of Environmental Damage that include, the requirements expected from the person responsible for the damage:
- Investigate, assess and evaluate the impact on the environment.
- Inform and educate employees about the environmental risks of their work and the manner in which their tasks must be performed in order to avoid causing significant pollution or degradation of the environment.
- Cease, modify or control any act, activity or process causing the pollution or degradation.
- Contain or prevent the movement of pollutants or the cause of degradation.
- Eliminate any source of the pollution or degradation.
- Remedy the effects of the pollution or degradation.
2.7(3)
Chapter 3, Part 4 (section 19) of the National Water Act provides for similar measures to be required of any person in control of land where an activity or process is likely to cause pollution of a water resource. The affected Catchment Management Agency is required to enforce these measures.
2.7(4)
The provisions in the Waste Act build on the existing legislation by providing a more coherent administrative framework and set of procedures, which are intended to be retrospectively active. The sequence of steps to be taken in relation to contaminated lands, in accordance with the provisions in the Waste Act, is as follows:
- Where the Minister, or an MEC, believes contamination of an area of land to have occurred they can designate an investigation area by notice in the Government Gazette. The Minister must do so in consultation with relevant organs of state.
- The owner of contaminated land and the person responsible for contaminating it have a duty to inform the Minster or MEC of the contamination.
- As a consequence of the notification, the area under investigation will be recorded in a national registry of contaminated lands.
- The Minister may direct either the owner of the land, or the person responsible for the contamination of the land to undertake an independent site assessment. Such an assessment must determine:
- The nature and extent of contamination, if any;
- The implications for land use;
- The risk of migration of the contamination from the area; and
- The nature and extent of remediation required.
- After considering the site assessment report, the Minister may (in consultation with relevant organs of state) issue a remediation order that includes:
- Identification of the person responsible for the remediation;
- The remediation measures that must be undertaken;
- Measures to monitor and manage risk arising from the contamination;
- The period within which the measures must be undertaken; and
- Possible restrictions on land use.
- The registry of contaminated land needs to be updated to reflect:
- The status of investigation areas;
- Restrictions imposed on investigation areas and contaminated lands; and
- The status of remediation activities.
2.7(5)
Depending on whether or not the Minister imposes restrictions, land may be transferred after being declared an investigation site, but the disclosure of its status and the notification of the Registrar of Deeds is required.
2.7(6)
To give practical effect to the provisions for contaminated lands in the Waste Act, several prerequisites need to be met, including:
- The register of contaminated lands must be established and linked to the deeds register, before investigation of suspected contaminated lands can take place.
- Definitions, technical requirements and standards for both the identification and remediation of contaminated lands will be developed – remediation standards will be finalized by March 2010 and gazetted shortly thereafter.
- Appropriate norms and standards with the respect to the identification of independent persons suitable to perform site assessments will be developed by July 2010 in terms of the regulations described in section 69 (1)(u) and (v) of the Waste Act.
- Potential issues of jurisdictional conflict will be resolved at an inter-departmental level (both NEMA and the National Water Act contain provisions to address contaminated land) through a coordinating mechanism described in Section 5.8 of this strategy.
- Guidelines for determining in which instances the provisions for contaminated lands will be exercised by the provinces rather than the Minister will be developed.
- Sufficient resources must be allocated by DEA to recruit and develop the specialist skills and capacities in government required to manage complex decisions and monitor all the steps in the remediation process. This issue of capacity is addressed in Section 5.7.
2.7(7)
Financial institutions that accept land as security against loans are expected to exercise due diligence in terms of their potential liability for any contamination of that land.
2.7(8)
DEA will develop regulations for the implementation of the contaminated lands provisions in the Waste Act that will include exemptions from liability for:
- Government bodies involuntarily acquiring ownership.
- Owners of sites contaminated only by migration from another site.
2.7(9)
Where liability cannot be apportioned, the costs of remediation will fall to the state. It will therefore be necessary for an annual fiscal allocation to be made for land remediation to cover the costs of state initiated site assessments and remediation. To this end, the National Treasury will be consulted in relation to establishing a land remediation fund.
2.7(10)
Where liability is identified, failure by a polluter to comply with a remediation order is defined as an offence in terms of Chapter 7 of the Waste Act (Section 67(1)(a), with a penalty of a maximum fine of up to R10,000,000 million and/or imprisonment for up to 10 years. This penalty is in addition to any penalties that may be imposed for failure to comply with a compliance order issued in terms of NEMA, which provides for a fine of up to R5, 000,000 or imprisonment for up to 10 years. NEMA also includes a whistleblower provision that allows for up to one fourth of any fine for offenses to be paid to a person whose evidence led to the conviction, with the proviso that such a person cannot be a state employee or engaged in the implementation of environmental legislation.