3.1(1)
National norms and standards provide the foundation of the regulatory system. The Waste Act allows for an integrated system of norms and standards across the three spheres of government. Certain norms and standards at a national level are mandatory, while others are discretionary. In addition, provinces may set norms and standards that are not in conflict with national norms and standards. Municipalities may also set local waste service standards. The system of norms and standards will be developed in a sequenced manner, with the immediate focus being on the development of mandatory standards, which include:
3.1(2)
In relation to the classification of waste, the Waste Classification and Management System will be in effect as of September 2010. The system will identify norms and standards for the appropriate storage, handling and disposal for different waste management activities and acceptable use types, and will dynamically evolve to incorporate norms and standards as they develop. This system is described in more detail in Section 3.2.
3.1(3)
The provision of waste management services has been addressed by two sets of standards. The first set of standards provides for the delivery of free basic waste services and the level of service that will be provided. The second set of standards revolve around the collection of waste, and includes recommendations for separation of waste at source, measures to promote recycling, and prescriptions in terms of the frequency of collection.
3.1(4)
In terms of the discretionary national norms and standards, the development of technical standards for the remediation of contaminated land and soil quality has been identified as a priority and the standards will be published for comment by April 2010.
3.1(5)
Other discretionary norms and standards will be identified and developed using the following criteria:
3.1(6)
To prevent a proliferation of norms and standards, discretionary provisions for provincial and local government norms and standards should only be invoked where national implementation is unable to effectively address provincial or local waste management issues due to regional variation. Instances where possible regional variation might be required should be identified and discussed in the appropriate inter-governmental forums.
3.1.1(1)
Section 19(3)(a) of the Act specifies that listed waste management activities must either be licensed or subject to requirements or standards for conducting that activity. This mechanism of specifying standards that must be adhered to for particular activities is an alternative to licensing that allows for a level of regulation without incurring the administrative burden associated with licensing.
3.1.1(2)
The exempted activities will be subject to the standards that are set out in the notice listing the activities. In certain instances, acceptable use will be governed by existing Standard Operating Procedures (SOPs) serving as a standard and in other instances, standards may need to be developed. These standards will be developed through the dti’s technical infrastructure for setting standards and accrediting compliance with those standards, as described below.
3.1.1(3)
Where an applicable standard has been set utilising the dti technical infrastructure, listed waste management activities which are exempted from licensing requirements will be required to submit a certificate of compliance with these standards, issued by SANAS. In addition, they will be required to register with and regularly report to the SAWIS.
3.1.2(1)
The established standard setting procedures of the South African Technical Infrastructure (SATI) will be used to develop complex technical standards which require extensive engagement with industry and stakeholders. While the SABS standards are voluntary standards, the Waste Act empowers the Minister to make such standards mandatory. Standards are developed via a consensual process making use of multi-stakeholder committees, involving those responsible for achieving them in the development of their content. In instances where consensus on the standards is not achieved within a realistic timeframe, DEA will exercise its prerogative to promulgate the standards based on its own technical assessment.
3.1.2(2)
In order to achieve the best results from the use of the SATI infrastructure, DEA will prepare a technical report in order to initiate the setting of a standard. The technical report will outline the objectives to be achieved through the standard, and the manner in which it will be enforced. The report will also survey international best practice, and where possible make recommendations regarding the appropriate standards which should be considered.
3.1.2(3)
Standards to be set in relation to product design in support of the Extended Producer Responsibility measures will be agreed upon between DEA and the dti prior to the dti initiating the process with SABS.
3.1.2(4)
Standards can take approximately one to two years to develop and set. They are informed by international best practice, and developed within the standards development protocol as overseen by the National Regulator for Compulsory Standards.
3.1.2(5)
Once a standard has been developed through SATI, it will be promulgated in terms of regulations issued under the Waste Act. Where required, additional regulatory provisions will be developed to support the promulgated standards.
3.1.2(6)
Certification of compliance with the developed standards will be undertaken by agents accredited by the SANAS. SABS will use globally standardised measurements which are provided by the metrology unit on request. Whilst SANAS will not offer training to private agencies, it will provide accreditation training for their assessors.
3.1.2(7)
A memorandum of understanding will be signed between the Department and the SABS, setting out the basis on which the Department can drive the development of certain technical standards through the SATI mechanisms. In certain instances where the standards to be developed are of a non-technical nature, around which there is already clear consensus, or where the SATI process is deemed inappropriate for the development of a particular standard, the Department will elect to follow its own internal procedures for standard setting.