4.2 Industrial and mining hazardous waste

4.2(1)
In terms of fulfilling the Waste Act’s objective of protecting human health and the environment from the negative impacts of waste, the regulation of hazardous waste is a key area of intervention in the national strategy. The Act defines hazardous waste as:

“…organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment …”

4.2(2)
In as much as they are regulated under separate legislation, certain classes of hazardous waste are not regulated by the Waste Act. These include:

• Radioactive waste, which is regulated by the Hazardous Substances Act, 1973, the National Nuclear Regulator Act, 1999, and the Nuclear Energy Act, 1999;
• Residue deposits and stockpiles from mining, which are regulated by the Mineral and Petroleum Resources Development Act, 2002;
• Explosives, the disposal of which is regulated by the Explosives Act, 2003; and
• Animal carcasses, the disposal of which is regulated by the Animal Health Act, 2002.

4.2(3)
It is noted that the regulatory framework for mining residue stockpiles and deposits is under review, and that in terms of the amendment to the Mineral and Petroleum Resources Development Act, responsibility for the performance of environmental authorisations will revert to DEA. This issue is dealt with more fully in Section 4.4 of the strategy.

4.2(4)
In terms of implementing the waste hierarchy for industrial and mining waste, waste avoidance and reduction is of particular importance due to the significant environmental impact of this waste, and the potential harmful consequences for human health. Where hazardous wastes cannot be avoided, emphasis needs to be placed on regulation, not only in defining standards for treatment and disposal, but also in ensuring reuse and recycling takes place in a safe and responsible manner.

4.2(5)
DEA is developing a new waste classification system to address new technologies and treatment options that replaces the DWAF Minimum Requirements for the Handling, Disposal and Classification of Hazardous Waste. The Waste Classification and Management System (WCMS) will be finalized in April 2011 and is central to the regulation of norms and standards for the management of hazardous waste. The WCMS hazard classes will be aligned with the SANS 10234 Globally Harmonised System, ordered in terms of Physical, Health and Environmental Hazards.

4.2(6)
The approach to classifying and categorising waste is described in Section 3.2 of the NWMS. The WCMS will prescribe the manner in which the waste is to be classified and treated. The WCMS will define waste types that will not be suitable for land application without prior treatment, and will establish the procedures and tests required to determine whether land application is acceptable. The WCMS will also identify acceptable uses of waste under particular circumstances.

4.2(7)
For example, samples from generators of waste must be tested for the most hazardous compounds in the waste. The samples will then be assessed against the globally harmonised system of hazard criteria to determine whether the waste is classified as general or hazardous. Based on the waste’s classification, the WCMS will provide a best practise technology guideline to assist in determining the most appropriate management options for the waste. The WCMS will provide a land application procedure that must be followed should land application be an option. This procedure which will include standard leach testing of the waste.

4.2(8)
Diverting hazardous waste from landfills is an important priority and DEA has recently finalised the National Policy on the Thermal Treatment of General and Hazardous Waste. The disposal requirements for hazardous wastes in the WCMS will be aligned with this policy, which:

• Specifies air emissions standards for waste incineration in dedicated incinerators and as alternative fuels in cement kilns which are being formalized in the National Air Quality emission standards.
• Specifies types of waste which may not be co-processed in cement kilns, which includes asbestos, bio hazardous wastes, unsorted electronic waste, batteries, and waste that has not been properly evaluated.

4.2(9)
Thermal treatment is a listed activity in terms of section 19 of the Waste Act, and licensing requirements in terms of section 19(3)(a) apply.

4.2(10)
Listing and licensing applies to the operation of landfills accepting all types of waste including hazardous waste. Currently, regional shortages of treatment and disposal facilities for hazardous waste exist and act as a constraint on economic growth. Accordingly, DEA will perform an assessment of current hazardous waste disposal capacity – both traditional landfills and incineration and co-processing – and seek ways to facilitate the private sector addressing shortfalls through expediting licensing processes and the application of economic incentives in conjunction with the dti and the National Treasury. DEA views industry as partners in regulation, and recognises that licensing of waste activities represents an administrative burden for industry and the state that is only practical once certain thresholds of waste volumes are attained.

4.2(11)
The mechanism for declaring priority wastes can also be used to entirely prohibit the generation of a particular waste. This is a useful tool to consider when implementing national obligations in terms of international conventions which require the safe management of waste steams containing banned or restricted chemicals.

4.2(12)
Initially, extended producer responsibility and consumer protection in relation to minimising hazardous industrial and mining waste will be addressed through voluntary initiatives. DEA has developed a National Cleaner Production Strategy, and will work with the dti, the National Cleaner Production Centre, and Indalo Yethu to encourage the uptake of cleaner production technologies by industry. To minimise the generation of hazardous waste, substitution of non-hazardous materials into production and manufacturing processes will be promoted.

4.2(13)
The effective regulation of hazardous wastes requires sufficient compliance and enforcement capacity on the part of DEA, and proposals in this regard are set out in Section 5.7 of the strategy.