LEARNING ABOUT THE NATIONAL ENVIRONMENTAL MANAGEMENT : WASTE ACT (NO. 59 OF 2008) A GUIDE TO MANAGING WASTE WITHIN THE LAW Presented by: Quinton Williams

THE WASTE ACT There is one National Law that governs all waste in South Africa. The National Environmental Management: Waste Act (no. 59 of 2008) (The Waste Act). Jeffares & Green (Pty) Ltd2

AMENDMENT Any substance, whether or not that substance can be reduced, re-used, recycled and or recovered— that is surplus, unwanted, rejected, discarded, abandoned or disposed of; which the generator has no further use of for the purposes of production; that must be treated or disposed of; or that is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, but— a by-product is not considered waste; and any portion of waste, once re-used, recycled and or recovered, ceases to be waste (NEM: Waste Act, 2008). Jeffares & Green (Pty) Ltd3

UNDERSTANDING THE WASTE ACT The Waste Act states that Waste Producers are responsible for the waste they generate. It also holds businesses involved in waste management and recycling accountable for the waste they manage. The Waste Act Aims to: protect human health and the environment provide for the licensing and control of waste management activities; provide for national norms and standards for regulating the management of waste; and provide for a national waste information system Jeffares & Green (Pty) Ltd4

WASTE MANAGEMENT PLANS Chapter 3 (3): The development of an Integrated Waste Management Plan (IWMP) is a requirement for all spheres of government responsible for waste management Chapter 4 Part 7: The Minister may by written notice require a person, or by notice in the Gazette require a category of persons or an industry, that generates waste to prepare and submit an industry waste management plan to the Minister for approval. Jeffares & Green (Pty) Ltd5

WASTE MANAGEMENT PLAN Phase 1: Introduction, Gaps and Needs Assessment Phase 2: Best Practice Review Phase 3: Implementation Plan Jeffares & Green (Pty) Ltd6

LICENSING OF WASTE MANAGEMENT ACTIVITIES 1.Storage of waste, 2.Reuse, recycling and recovery of waste 3.Treatment of waste, 4.Disposal of waste, 5.Storage, treatment and processing of animal waste 6.Storage of hazardous waste, and 7.The construction of facilities to undertake the above. Jeffares & Green (Pty) Ltd7

IN-DEPTH LOOK AT THE LISTED ACTIVITIES Category A = Basic Assessment Category B = Scoping and EIA Jeffares & Green (Pty) Ltd8

STORAGE OF WASTE 1. Temporary or permanent storage of general waste whose total capacity is over 100m 3 in a facility at any one time. 100m 3 = 3 Shipping containers (30m 3 ) Jeffares & Green (Pty) Ltd9

STORAGE OF WASTE 1. Temporary or permanent storage of waste tyres in an area exceeding 500m 2 Jeffares & Green (Pty) Ltd10

REUSE, RECYCLING AND RECOVERY A facility that can process more than one ton of general waste per day by means of sorting, shredding, grinding or baling 1 ton (1000kg) = 20 bags of cement Jeffares & Green (Pty) Ltd11

REUSE, RECYCLING AND RECOVERY Recycling or re-use of general waste of more than 10 tons per month Jeffares & Green (Pty) Ltd12

REUSE, RECYCLING AND RECOVERY Jeffares & Green (Pty) Ltd13 The recovery of waste including the refining, utilisation or co-processing of waste at a facility that has the capacity to process in excess of 3 tons of general waste or less than 500kg of hazardous waste per day – excluding where this happens as an internal process

TREATMENT OF WASTE The treatment of effluent, wastewater or sewage with an annual throughput capacity of more than 2000 cubic metres but less than cubic meters. Exceed cubic meters triggers a full EIA Includes the establishment, upgrading and some cases the maintenance of… Jeffares & Green (Pty) Ltd14

DISPOSAL The disposal of general waste to land covering an area of more than 50m 2 but less than 200m 2 and with a total capacity not exceeding tons Exceed 200m 2 or tons triggers a full EIA Dispose any amount of hazardous waste triggers a full EIA Jeffares & Green (Pty) Ltd15

AUTHORITY RESPONSIBILITIES Provincial Government General Waste National Government Hazardous Waste Sewage E-waste Jeffares & Green (Pty) Ltd16

OBTAINING A WASTE MANAGEMENT LICENCE If you trigger a listed activity, you will be required to apply for a Waste Management Licence. The assessment will ensure that the facility does not negatively impact the environment The legislation requires that an INDEPENDENT ENVIRONMENTAL PROFESSIONAL conducts the assessment, The process will take between 8 and 14 months to complete Operating without a licence, is considered unlawful and you can be fined or imprisoned. The maximum fine is R and / or 10 Years imprisonment. Jeffares & Green (Pty) Ltd17

ENVIRONMENTAL IMPACT ASSESSMENT Basic Assessment Approximate cost: >R80,000 Time Frame: 7-9Months Scoping & EIA Approximate cost: >R150,000 Time Frame: 9-14 Months Jeffares & Green (Pty) Ltd18

WASTE INFORMATION The National Waste Information Regulations (NWIR) Notice 625 of Government Gazette promulgated on 1 January 2013 With the promulgation of the NWIR, it became compulsory that anyone that triggers a listed activity included in Annexure 1 of the Regulation should apply to the DEA for registration on the SAWIS within 90 days of these Regulations being promulgated. Jeffares & Green (Pty) Ltd19

THANK YOU Jeffares & Green (Pty) Ltd20

BASIC ASSESSMENT The Draft Basic Assessment Report is compiled DEA&DP acknowledges the application & provides a Reference Number 14 days Complete Basic Assessment Application Form and submit to DEA&DP Jeffares & Green (Pty) Ltd21

BASIC ASSESSMENT The Final Basic Assessment Report is compiled and submitted to DEA &DP The Final Basic Assessment Report is made available for public comment 21 days The Draft Basic Assessment Report is made available for public comment 40 days (legislated timeframe) Jeffares & Green (Pty) Ltd22

BASIC ASSESSMENT DEA&DP makes a decision (grant or refuse Environmental Authorisation/WML) 30 days DEA&DP accepts/rejects the Final Basic Assessment Report 30 days DEA&DP acknowledges the Final Basic Assessment Report 14 days Jeffares & Green (Pty) Ltd23

BASIC ASSESSMENT Right to appeal after the date of the EA decision 20 days Applicant to notify the public and registered IAPs of the decision 12 days DEA&DP informs the Applicant 2 days Jeffares & Green (Pty) Ltd24

SCOPING & EIA Draft Scoping Report (DSR) & Plan of Study for EIA (PoSEIA) DEA&DP acknowledges the application & provides a Reference Number 14 days Submission of Application Form to DEA&DP Jeffares & Green (Pty) Ltd25

SCOPING & EIA The FSR and PoSEIA is made available for public comment 21 days Compile Final Scoping Report (FSR)/PoSEIA The DSR & POSEIA is made available for public comment 40 days Jeffares & Green (Pty) Ltd26

SCOPING & EIA Draft Environmental Impact Report (EIR) and Environmental Management Programme DEA&DP assesses the FSR & PoSEIA (Accept or Reject) 30 days Finalize FSR/PoSEIA/Waste License Application and submit to DEA&DP Jeffares & Green (Pty) Ltd27

SCOPING & EIA Submit Final EIR and EMP to registered IAPs for comment 21 days Compile Final EIR and EMP The Draft EIR and EMP is made available for public comment 40 days Jeffares & Green (Pty) Ltd28

SCOPING & EIA DEA&DP assesses the FEIR and EMP(Accept or Reject) 60 days DEA&DP acknowledges the FEIR and EMP 14 days Finalize EIR (FEIR) and EMP and submit to DEA&DP Jeffares & Green (Pty) Ltd29

SCOPING & EIA Applicant to notify the public and registered IAPs of the decision 12 days DEA&DP informs the Applicant of the decision 2 days DEA&DP makes a decision (grant or refuse Environmental Authorisation) 45 days Jeffares & Green (Pty) Ltd30

SCOPING & EIA Jeffares & Green (Pty) Ltd31

ENVIRONMENTAL IMPACT ASSESSMENT Basic Assessment Approximate cost: >R80,000 Time Frame: 7-9Months Scoping & EIA Approximate cost: >R150,000 Time Frame: 9-14 Months Jeffares & Green (Pty) Ltd32

THANK YOU Jeffares & Green (Pty) Ltd33