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.