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A Guide to Managing Waste Within the Law. Learning about the National Environmental Management : Waste Act (No. 59 of 2008). Presented by: Quinton Williams. The Waste Act. There is one National Law that governs all waste in South Africa.
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A Guide to Managing Waste Within the Law Learning about the National Environmental Management : Waste Act (No. 59 of 2008) 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) Ltd
Amendment • Any substance, whether or not that substance can be reduced, re-used, recycled andor 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 andor recovered, ceases to be waste (NEM: Waste Act, 2008). Jeffares & Green (Pty) Ltd
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) Ltd
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) Ltd
Waste Management Plan • Phase 1: Introduction, Gaps and Needs Assessment • Phase 2: Best Practice Review • Phase 3: Implementation Plan Jeffares & Green (Pty) Ltd
Licensing of Waste Management ACTIVITIES • Storage of waste, • Reuse, recycling and recovery of waste • Treatment of waste, • Disposal of waste, • Storage, treatment and processing of animal waste • Storage of hazardous waste, and • The construction of facilities to undertake the above. Listed Activities Jeffares & Green (Pty) Ltd
In-depth look at the Listed Activities • Category A = Basic Assessment • Category B = Scoping and EIA Jeffares & Green (Pty) Ltd
Storage of Waste • Temporary or permanent storage of general waste whose total capacity is over 100m3 in a facility at any one time. • 100m3 = 3 Shipping containers (30m3) Jeffares & Green (Pty) Ltd
Storage of Waste • Temporary or permanent storage of waste tyres in an area exceeding 500m2 Jeffares & Green (Pty) Ltd
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) Ltd
Reuse, Recycling and Recovery • Recycling or re-use of general waste of more than 10 tons per month Jeffares & Green (Pty) Ltd
Reuse, Recycling and Recovery 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 Jeffares & Green (Pty) Ltd
Treatment of Waste • The treatment of effluent, wastewater or sewage with an annual throughput capacity of more than 2000 cubic metres but less than 15 000 cubic meters. • Exceed 15 000 cubic meters triggers a full EIA • Includes the establishment, upgrading and some cases the maintenance of… Jeffares & Green (Pty) Ltd
Disposal • The disposal of general waste to land covering an area of more than 50m2 but less than 200m2 and with a total capacity not exceeding 25 000 tons • Exceed 200m2 or 25 000 tons triggers a full EIA • Dispose any amount of hazardous waste triggers a full EIA Jeffares & Green (Pty) Ltd
Authority Responsibilities Provincial Government National Government Hazardous Waste Sewage E-waste • General Waste Jeffares & Green (Pty) Ltd
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 R10 000 000 and / or 10 Years imprisonment. Jeffares & Green (Pty) Ltd
Environmental Impact Assessment Basic Assessment Scoping & EIA Approximate cost: >R150,000 Time Frame: 9-14 Months • Approximate cost: >R80,000 • Time Frame: 7-9Months Jeffares & Green (Pty) Ltd
Waste Information • The National Waste Information Regulations (NWIR) Notice 625 of Government Gazette 35583 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) Ltd
Thank You Jeffares & Green (Pty) Ltd
Basic Assessment Jeffares & Green (Pty) Ltd
Basic Assessment Jeffares & Green (Pty) Ltd
Basic Assessment Jeffares & Green (Pty) Ltd
Basic Assessment Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Scoping & EIA Jeffares & Green (Pty) Ltd
Environmental Impact Assessment Basic Assessment Scoping & EIA Approximate cost: >R150,000 Time Frame: 9-14 Months • Approximate cost: >R80,000 • Time Frame: 7-9Months Jeffares & Green (Pty) Ltd
Thank You Jeffares & Green (Pty) Ltd