Waste Management Workshop FUTURE PROOFING WASTE MANAGEMENT IN SOUTH AFRICA 6 June 2013 Environmental/Waste challenges facing South Africa

Challenges in the implementation of the Waste Act

Outline Scope of Act Scope of Act Classification of waste Classification of waste Norms and standards Norms and standards Reporting Reporting Activities requiring a license Activities requiring a license Contaminated land Contaminated land Integration between waste and air legislation Integration between waste and air legislation Industry WM plans Industry WM plans

Scope What is waste? Surplus unwanted etc Surplus unwanted etc For which generator has no further use for production For which generator has no further use for production That must be treated or disposed That must be treated or disposed Different judgements allowed Different judgements allowed

Scope (2) What is not waste? By-product By-product Once re-used, recycled and recovered Once re-used, recycled and recovered Note impossibility of all three activities Note impossibility of all three activities

Scope (3) By product: By product: o Produced as part of a process intended to produce another substance o Must demonstrate equivalent chemical and physical characteristics as a virgin product o Can be used directly Note: difference between this Note: difference between this and Act and Act

Classification of waste Regulations still awaited Regulations still awaited GHS classification likely to change current classification in a number of cases GHS classification likely to change current classification in a number of cases Cannot use until promulgated Cannot use until promulgated Classification by GHS and norms and standards for land fill disposal contradictory Classification by GHS and norms and standards for land fill disposal contradictory

Landfill disposal Draft limit values contradict GHS classification Draft limit values contradict GHS classification Minimum requirements only partly replaced in regulations Minimum requirements only partly replaced in regulations – Only classification and landfill liners included Prohibition of land disposal of high calorific value waste Prohibition of land disposal of high calorific value waste

Reporting WIS regulations entered into force 2013 WIS regulations entered into force 2013 – Application of GW and HW prefixes – Company must register all its eligible sites – Proposal on amendments to deal with ambiguities in regulations being prepared by business – Lack of alignment between provincial and national requirements – SIC codes now required; not in regulations

Activities requiring a license List of waste management activities include wastewater activities List of waste management activities include wastewater activities Amendment published for comment Amendment published for comment Not promulgated Not promulgated

Contaminated land Investigation areas Investigation areas – Land on which high risk activities have occurred – Reasonably believed to be contaminated Contaminated vs significantly contaminated Contaminated vs significantly contaminated Significantly contaminated must be reported to Minister Significantly contaminated must be reported to Minister Once identified: Once identified: – Site assessment – Investigation area contaminated or not

Contaminated land (2) Site assessment reports include: Site assessment reports include: – Impact – Presence in high concentrations – Exposure pathways – Proposed use of land – Migration – Remediation requirements Role of screening values Role of screening values Norms and standards for screening values Norms and standards for screening values

Integration of environmental legislation Emission limits preclude co-combustion of waste with conventional fuels Emission limits preclude co-combustion of waste with conventional fuels Licenses required for operation Licenses required for operation EIA authorisations allow construction EIA authorisations allow construction New interpretation; requiring licenses before construction New interpretation; requiring licenses before construction

National Waste Management Strategy Status uncertain Status uncertain No report after public hearings No report after public hearings General lack of alignment with Act General lack of alignment with Act

Industry Waste Management Plans All currently under consideration include levy All currently under consideration include levy Levy = tax Levy = tax Plastic bag levy Plastic bag levy – Increased by 100% since inception – Amount now = 33% of raw material cost – Funds not used for plastic bag waste management

Conclusions Very significant challenges exist Very significant challenges exist Difficult to engage with DEA at some levels Difficult to engage with DEA at some levels Long turnaround times for queries Long turnaround times for queries Industry must continue to advocate rational approach Industry must continue to advocate rational approach At same time apply best practice At same time apply best practice

Thank you