5.4.2 Compliance monitoring

5.4.2(1)
The monitoring of compliance with the provisions of the Waste Act, authorisations issued in terms of the Act and other environmental legislation forms the foundation of the system of compliance and enforcement. While EMIs are the primary agents responsible for compliance, the gathering of intelligence relating to non-compliance is the responsibility of all agencies involved in implementation of the Waste Act. The Act does provide specific reporting tools to facilitate monitoring of compliance.

5.4.2(2)
Compliance monitoring will be undertaken on both a reactive and proactive basis. Proactive compliance inspections, also known as strategic compliance and enforcement inspections, involve the prioritization of sites for inspection and physical inspections involving multi-disciplinary task teams. These will be informed by routine inspections and information derived from the reporting mechanisms described above. Reactive compliance inspections and investigations are triggered by reporting of a contravention of the Act.

5.4.2(3)
Information for compliance monitoring will come from the following reporting mechanisms:

1. Annual Performance Reports from each sphere of government, documenting the extent of the implementation of the IWMPs in each financial year. These reports must spell out the level of compliance with the plan and measures taken to secure compliance with waste management standards, and waste management monitoring activities. Furthermore, provinces must report on the extent to which municipalities have complied with the provincial IWMP and the reasons for non-compliance.
2. Reports on implementation of Industry Waste Management Plans as provided by section 30(2)(k) of the Waste Act. The Act provides for the appointment of an independent assessor to verify the achievement of an IndWMP on an annual basis.
3. Reports on compliance with the conditions of waste management licenses in terms of section 51(1)(k) of the Waste Act, including annual compliance reports prepared by independent SANAS-accredited assessors.
4. Annual compliance reports prepared by independent SANAS-accredited assessors on adherence to the norms and standards for activities listed in terms of section 19(3) of the Waste Act, that have been defined as acceptable use and which do not require a license.
5. Information from SAWIS, including information on any failure to fulfil SAWIS reporting requirements to SAWIS.
6. A national waste hotline will be established and promoted. It will be accessible by telephone, via the Internet and by email, and will be available to the general public to report possible illegal and environmentally damaging waste activities. The hotline will be managed by the EMI, and will supplement and reinforce reporting mechanisms available to the public at municipal level and provincial level. Where appropriate, the hotline will take into account the “whistleblower” provisions in NEMA described in Section 3.9 of the NWMS.

5.4.2(4)
Furthermore, waste management officers are empowered to appoint waste management control officers to ensure compliance with licensing terms and conditions and reporting non-compliance. The Act specifies that the “nature and size” of the waste management activity should determine whether a waste management control officer is required. In terms of the nature of the activity, it is in the public’s interest that waste management activities that involve hazardous waste on any significant scale be carefully monitored, and this would relate to most, if not all, licences issued in terms of Category B listed activities and to all facilities that deal with priority wastes.