3.6.1 Criteria

3.6.1(1)
Declaration of a priority waste is done in terms of section 14(1) of the Waste Act. A waste may be declared a priority waste by the Minister, or the Minister on behalf of the MEC, by notice in the Gazette. There must be reasonable grounds for the Minister to believe that the waste poses a threat to health, well-being or the environment because of the quantity or composition of the waste. It must also be demonstrated that either specific waste management measures are required to address the threat, or that the imposition of specific waste management measures in respect of the waste may improve the reduction, re-use, recycling and recovery rates or reduce the health and environmental impacts of the waste.

3.6.1(2)
Due to the consequences of declaration, this measure should be reserved for either hazardous waste streams where other less interventionist measures are not appropriate or have failed to control the situation, or for a specific waste stream whereby different government departments and stakeholders are involved, and problem specific solutions are required, such as for sewerage sludge or saline waste.

3.6.2 Process for declaration of a priority waste

3.6.2(1)
Before a priority waste can be declared, the Minister must consult with stakeholders that may be affected by the declaration, following which the Minister may then gazette the declaration. When making the declaration, the Minister must stipulate which of the waste management measures must be undertaken, as per section 14(5) of the Waste Act. These include:

• The preparation of an IndWMP by a category of persons whose activities generate a priority waste.
• The prohibition of the generation of a priority waste.
• Measures to manage, minimize, store, re-use, recycle, recover, treat or dispose of the priority waste.
• Registering, monitoring, and reporting requirements.
• Any other measures the Minister deems necessary.

3.6.2(2)
Should a declaration be likely to have a significant impact on the national economy, the Minister must consult with the Minister of Trade and Industry and the Minister of Finance before making the declaration.

3.6.3 Consequences of declaration

3.6.3(1)
The consequences of the declaration will depend on the measures that are stipulated in the notice. As indicated above, these may include preparation of an IndWMP, the prohibition of the generation of the waste, various measures relating to the management of the waste, and requirements for registering, monitoring, and reporting. In addition, unless a priority waste is handled in accordance the above measures and the relevant Industrial Waste Management Plan, it may not be imported, manufactured, processed, sold, exported, recycled, recovered, treated or disposed of.
 
3.6.3(2)
The following diagram illustrates the process for indentifying and declaring a priority waste:

Figure 11: Process for Priority Wastes

3.6.4 Existing and potential priority wastes

3.6.4(1)
Regulations for the prohibition of asbestos have been promulgated in terms of the Environmental Conservation Act, prior to the Waste Act coming into force. These regulations effectively declare asbestos as a priority waste.  Due to the transitional arrangement in section 80(2) of the Waste Act, these regulations remain effective. Wastes to be considered for declaration as priority wastes include polychlorinated biphenyls (PCBs) and mercury waste. PCBs are organic compounds which were widely used in transformers, capacitors and coolants. They are highly toxic, and easily penetrate the skin. Their destruction through treatment processes is difficult and often extremely hazardous. PCBs are classified as a persistent organic pollutant under the Stockholm Convention, to which South Africa has acceded as described in Section 1.4.

3.6.4(2)
Mercury is a chemical element, most commonly used in scientific apparatus, CFLs and batteries. Mercury is highly toxic, and can cause severe poisoning, debilitating neurological conditions and in some instances death. Pollution of water sources by mercury causes serious ecological damage. The use of mercury is severely controlled in several countries.