COMPLIANCE AND ENFORCEMENT ACTIVITIES HIGHVELD AND VAAL PRIORITY AREAS – MINIMUM EMISSION STANDARDS (MES) PORTFOLIO COMMITTEE MEETING 14 JUNE 2017 Chemicals and Waste Management

OBJECTIVES OF THE PRESENTATION Approach to compliance and enforcement within the waste and pollution sector – compliance promotion/monitoring versus enforcement (over extended period of time) Brief Background Understanding the role of DEA versus the local authorities Current initiatives and status quo of Compliance and Enforcement activities in relation to air quality legislation (including MES) since coming into effect of the MES

FACILITATED APPROACH TO COMPLIANCE AND ENFORCEMENT The focus is on bringing facilities into the regulatory net instead of shutting down and prosecuting - process takes place over a number of years (actions since 2014) – coordinated and strategic (planning is essential) Ensuring compliance without compromising integrity of the legislative framework, but at the same time recognising the importance of fiscal growth and other government priorities – job security Compliance and Enforcement within the waste and pollution sector is very complex Historical pollution requires time to remediate Outdated technology – significant capital required to align to new requirements Complex science involved requiring specialised equipment and tools

STRATEGIC INTERVENTIONS - NATIONAL COMPLIANCE AND ENFORCEMENT STRATEGY All objectives must aim to enhance the impact of the EMI network and to extend its reach Objectives must contribute to a strategy of deterrence Compliance by those that are likely to comply voluntarily should be encouraged and facilitated Compliance by all regulated sectors needs to be monitored and non-compliances detected Where non-compliance is detected, offenders should be brought back into compliance as quickly and efficiently as possible Compliance and enforcement activities must result in environmental damage being remedied EMI activities need to be undertaken on the basis of a rational approach that is applied consistently across the EMI institutions 1 Inception 2 Situation Analysis 3 Strategy development 4 Finalisation of strategy

ALIGNMENT OF STRATEGIC INDICATORS Number of compliance inspections Number of administrative notices issued Percentage of compliance to instructions issued Number of criminal cases referred for prosecution

COMPLIANCE PROMOTION AND COMPLIANCE VERIFICATION BASELINE INSPECTIONS VOLUNTARY COMPLIANCE PROMOTED - Opportunities are given to make representations and to rectify - Compliance verification with line function (need for additional assistance assessed) FOLLOW-UP INSPECTIONS - Continued non-compliance detected – referral for prosecution

ENFORCEMENT ADMINISTRATIVE ENFORCEMENT - OBJECTIVE – Not punitive but instructive - seeks to promote remediation / address environmental harm Pre-notices and opportunity given to make representations and self correct Continued non-compliances – Final notices (non compliances = criminal offences) Referral for criminal investigation and prosecution – punitive in nature EXCEPTION – SERIOUS NON-COMPLIANCES - WILFULL VIOLATORS - PARRALLEL PROCESSESS ARE TAKEN

- DEMYSTIFYING ADMINISTRATIVE ENFORCEMENT VS CRIMINAL INVESTIGATIONS- ADMINISTRATIVE ENFORCEMENT - NOT PUNITIVE IN NATURE Ensures that the immediate risk to the environment is removed Volumes of cases reported to the environmental authorities – cautious of clogging up the court system - many are low risk with minimal impact on the environment – approach is to bring these individuals/ facilities back into the regulatory net ie. compliance to conditions of EA’s and licences Significant costs are involved in clean ups which are generally seen as punishment rather than seeing it as the cost of doing business properly

ROUNDGILL LANDFILL SITE – LADYBRAND- ROUNDGILL LANDFILL SITE

MAY 2015 OCT 2015 DEC 2015 MAY 2016 MARCH 2016

JOINT OPERATIONS WITHIN THE INDUSTRIAL SECTOR Operation Ferro Refineries Cement industry Paper and Pulp Hazardous Waste

- EMI WORK WITHIN THE AIR QUALITY SPACE: ArcelorMittal Vereeniging-

-ArcellorMittal R220 million (2 years) elephant house - extraction system - result of administrative enforcement action -