3.4.1 Mandatory IndWMPs

3.4.1(1)
An IndWMP may be required where any activity results in the generation of waste. Section 28(1) to (6) of the Waste Act sets out the process the Minister or MEC must follow to require an IndWMP, including consultation with the affected person, category of persons or industry. When requesting an IndWMP, the Minister or MEC must consider the factors listed in section 28(4), which are, in summary:

• The actual and potential environmental and health impacts of the waste being generated.
• The consumption of sensitive natural resources in the production process.
• The potential for the IndWMP to mitigate these impacts, whilst achieving waste avoidance and minimization.

3.4.2(2)
When a mandatory plan is requested, the Minister or MEC identifies the required parameters of the plan, specifying the content, as well as who should prepare the plan.

3.4.2 Voluntary IndWMPs

3.4.2(1)
Section 28(7) of the Waste Act sets out the process whereby a person, category of persons, or industry whose activities result in the generation of waste may elect to produce an IndWMP voluntarily. As with mandatory plans, consideration of the factors listed in section 28(4) is required, and the Minister or MEC to whom the plan is submitted can exercise any of their powers with respect to Mandatory IndWMPs. This section of the Act has not yet been brought into effect, pending the preparation of guidelines for voluntary plans.

3.4.2(2)
Through the process of developing a voluntary IndWMP, the affected person or industry is able to set out the measures they will undertake to address waste management challenges. In approving the plan, government agrees to work within the parameters of the plan, and only intervene if the plan is not being adhered to or is failing to meet its targets. The IndWMP gives industry the opportunity to set out the additional norms and standards it will meet for various waste management activities, and how it will adhere to these.
 

3.4.3 Persons appointed to produce IndWMPs

3.4.3(1)
The Minister or MEC may give directions for an IndWMP to be prepared by a person, category of person or an industry that generates waste. However, on occasion the Minister or MEC may give directions for an IndWMP to be prepared by an independent person for the cost of the persons or industry responsible for the waste generating activities. In general this measure will not apply to well organised industries that respond to a request for the preparation of an IndWMP. This measure will only be invoked in instances where:

• There is no representative body or structure capable of preparing an IndWMP.
• The fragmented nature of the industry precludes the industry from agreeing on a suitable person to prepare the plan.
• The industry is comprised largely of SMMEs without a representative structure capable of preparing the IndWMP.
• An initial request to the responsible party is not satisfactorily met.

3.4.3(2)
Section 33(1) of the Act states that in the event that an IndWMP or its revision is rejected more than once, or if a person required to produce a plan fails to do so, the Minister or MEC may, by notice in writing and without any criminal proceedings being affected, specify the waste management measures that must be taken, ensuring that the person is not unduly advantaged by the failure to submit an approved plan.

3.4.4 Organs of state appointed to produce IndWMPs

4.3.4(1)
The Minister may require that an organ of state, excluding a municipality, prepare an IndWMP, and similarly, the MEC may request that the provincial department responsible for environmental affairs prepare an IndWMP. The cost of this will then be recovered from the person, category of persons or industry responsible for producing the waste. When requesting that an organ of state or provincial department prepare an IndWMP, a timeframe for doing so must be stipulated. This measure will be invoked in instances where:

• The nature of an industry makes it impractical for a party other than an organ of state to produce an IndWMP.
• The industry is largely dominated by state owned entities.
• The industry relates to defence of the state or deals with information that is deemed sensitive to the security of the state.
• The knowledge of the affected party regarding reduction, re-use, recycling and recovery is deemed to be limited.
• The party is comprised of SMMEs, and consensus cannot be reached on a suitable person to prepare the plan.
• The party originally requested to prepare the plan has failed to do so.

3.4.5 Contents of IndWMPs and Guidelines

3.4.5(1)
Section 30(2) of the Waste Act indicates the information that the Minister or MEC may specify in requesting an IndWMP. Each IndWMP request will contain a set of specific requirements for the plan, within the remit of the Act.

3.4.5(2)
A guideline will be made available regarding the process to draw up both mandatory and voluntary IndWMPs, and the content of such plans. The guidelines will describe in detail the contents and parameters for producing IndWMPs.

3.4.6 Types of plans

3.4.6(1)
Four types of IndWMPs will be produced. These plans may be either produced mandatorily as a result of the Minister or MEC requesting them, or voluntarily by industry, an organisation or a group of organisations.

3.4.6(2)
Waste Stream IndWMP – This type of plan will typically apply to a group of ‘waste owners’ who manage the product which results in the waste, such as producers or importers within a particular waste stream. Typically an industry association will be mandated or a section 21 company established to produce the IndWMP and manage the activities related to it. Funds for managing the operations contained within this type of plan will usually be raised via a levy. Industry agreements will be utilized to ensure that individual operators within the waste stream operate in accordance with the IndWMP. Examples of waste streams which would be considered for this type of plan include batteries, tyres and waste electric and electronic equipment (WEEE). Benefits of producing this type of plan include achieving international best practice and facilitating regulatory support from government.

3.4.6(3)
Sector IndWMP – Sector plans will apply when there are multiple operators undertaking very similar activities and producing similar types of waste within a particular sector. A sector representative body will often be formed to undertake the production of the plan and management of activities related to it. The sector IndWMP may stipulate that individual organisations within the sector over a particular threshold will be required to produce company level plans which must be submitted to the sector body responsible for the sector plan. Company level plans required in terms of this arrangement would not be submitted to the Minister or MEC. Examples of sectors for which sector IndWMPs may be required are drum collectors, car wreakers, dry cleaners and photographic developers. Benefits of producing this type of plan would include approval of standard operating procedures, and partial compliance towards licensing applications where multiple licensing applications will be required.

3.4.6(4)
Company IndWMP – Company level plans will be required whereby an individual company does not fit within a sector plan, but has waste management related activities for which it needs permits or approved standard operating procedures. A company level plan may be required in terms of a sector level plan, in which case it should be submitted to the sector body, or it may be required by the Minister or MEC, in which case it should be submitted for approval. Company level plans should identify company waste objectives, targets and standard operating procedures. Typically the Minister or MEC will require company level plans from large companies, especially those that have multiple sites which have standard operating procedures. Company level plans can result in some licensing requirements being replaced with an approved standard operating procedure, and they will support permit applications, especially where a company may have multiple permit applications.

3.4.6(5)
Site IndWMP – Site plans will be developed by an operational branch or organization within a larger company. Site level plans are intended to support the application of a standard operating procedure which is specific to that site. These plans may be voluntary or mandatory, and will usually be requested by and submitted to the MEC. The plan will detail how the site manages waste, and it will set out targets for achieving the waste hierarchy, particularly in terms of waste reduction and recycling. Examples of this type of plan include individual power station sites of electricity producers. Benefits of this type of plan include the support for permit applications, particularly where a site may have multiple permit applications.  Site plans may be prepared independently of a company level IndWMP.

The diagram describes how and when these are to be prepared and reported on.

3.4.6(6)
IndWMPs must be produced in a consultative manner in line with the directions given by the Minister or MEC, and the contents of a proposed IndWMP must be brought to the attention of relevant organs of state, interested persons and the public. Any comments submitted in respect of the IndWMP must be considered, and a copy of all comments received, submitted with the proposed plan to the Minister or MEC. This applies to the preparation of all plans, including when the plan is prepared by an appointed person or an organ of state.

3.4.6(7)
On receipt of the plan the Minister or MEC may approve the plan in writing, with amendments, condition or directions; or require additional informal and a revised plan; or require amendments; or reject the plans with reasons as per section 32 of the Waste Act. If additional requirements are not met within the stipulated timeframes, it constitutes a failure to submit an IndWMP. On receipt of the additional information or the revised plan, the Minister or MEC must reconsider the plan, if it is the first resubmission.

3.4.6(8)
An approval must stipulate the period for which the approval applies and notice of preparation of the plan and its approval must be published in the gazette. An approved plan prepared by an organ of state or provincial department must be published in the relevant gazette with an indication of how and when the plan will be implemented.

Figure 7: Process to be followed for Industry Waste Management Plans

3.4.6(9)
Should the submission of a plan, its revision or amendment, be rejected, or fail to be submitted, the Minister or MEC may, in writing, specify the waste management measures that must be taken by the appropriate person to ensure no undue advantage is gained by the failure to submit. Where possible, measures should be aligned with other IndWMPs dealing with industrial or waste management activities that are related to the subject of the rejected or non-submitted plan.

3.4.6(10)
IndWMPs must be reviewed at intervals specified in the written approval or gazette. When specifying review periods, the review periods applicable to waste management licenses must be taken into account.

3.4.7 Current and future IndWMPs

3.4.7(1)
An initial set of IndWMPs are being prepared by the following industries in consultation with DEA:

• Tyres industry to manage waste tyres.
• Paper and Packaging industry to manage packaging and paper waste.
• Lighting industry manufacturing mercury containing lamps e.g. CFLs.
• Pesticide Industry to manage residual pesticides and pesticide containers.

3.4.7(2)
It is envisaged that these plans will be completed and approved by the end of 2010.

3.4.8(3)
Over the course of the next five years, it is envisaged that IndWMPs will be required at sector level from the following industries:

3.4.7(4)
Once the sector level plans have been approved for the above industries, company level plans will be required to be submitted to give effect to the provisions of the sector plan within one year of the approval of the relevant sector level plan.