Purpose of Meeting

1. TECHNICAL LEVEL MTG – 24 June 2014 eThekwini’s Development Plans: the need for a Total Outflow Strategy24 June 2014

2. Purpose of Meeting • To facilitate the development of a Total Outflow strategy for eThekwini • i.e. a long term sewerage plan which aligns with the IDP / Spatial Development Framework with a particular focus on the means for the disposal of treated effluent • The Total Outflow Strategy must not only align with the DWA Classification Study but also with the requirements of all other government role players who have a mandated responsibility for rivers, estuaries and the marine environment. • This meeting provides the opportunity for these stakeholders • to unpack these mandates and the associated organisational objectives • to establish a hierarchical decision making process • to identify data requirements, work in progress and any gaps • to establish a committee / task team • to develop a model for adoption in all coastal areas

3. Wastewater Masterplan 2012/13 - Anticipated Ultimate Wastewater Treatment Systems (Current Spare Capacity / Additional Capacity Required for Ultimate in Ml/day) Fredville (0/0) Mpumalanga (5/0) Hammarsdale (2/45) KwaNdengezi (1/3) Mzinyathi (0/10) Dassenhoek (3/6) Umbilo (12/0) Umhlatuzana (5/26) uMdloti Regional (0/110) KwaMashu (32/0) Amanzimtoti (5/27) Northern (10/27) Tongaat (2/115) Isipingo (7/0) Phoenix Umhlanga (5/60) uMkhomazi Regional (0/16) Southern (59/0) Kingsburgh (0.5/20) Central (29/0) N

4. eThekwini’s planned developments – importance of wastewater • eThekwini’s primary integration zones for new development are in the north. • These developments require an increase in the capacity of Tongaatwastewater treatment works on the uThongathi river, the construction of a new regional works on the uMdloti river and the expansion of the Umhlanga Works • In the south, Amanzimtoti and Kingsburgh treatment works (on the uMbokodweni and Little aManzimtoti Rivers respectively) also require expansion (e.g. to accommodate the proposed Toyota vehicle park). • In all these cases authorisation is required from DWA and DEA to discharge the additional treated sewage effluent into the estuaries. • The DWA authorisation is in the form of a license to discharge treated effluent to the estuaries. • The conditions of the DWA License c/w the quantity andquantity of effluent that can be discharged (according to DWA) will depend on the outcome of the current Classification study.

5. Aims and Objectives of DWA Classification Study • Classification study will define an agreed level of ecological protection for a water resource ( ie river / estuary) via a ‘management class’. • This ‘Management class’ regulates, inter alia, the quality and quantity of treated sewage effluent ( ie wastewater ) that can be disposed of to river/estuary • Management class is a ‘balance’ between ecological , social and economic uses of the water resource • This ‘balance’ will be achieved by assessing the costs and benefits associated with utilization, versus those associated with the protection, of the particular water resource

6. Achieving the Balance A balance between development and the environment needs to be considered in terms of possible Mitigation Measures and Trade-offs: Possible Mitigation Measures • Cross-catchment pumping ( Mhlanga to Mgeni : Mdloti to Hazelmere dam … ) • Discharge to a marine outfall • Re-use of wastewater to potable water • Improve effluent quality ( nutrient removal) • Review dam release policies and implementation • Removal of anthropogenic impacts ( illegal causeways, infilling of wetland etc.) Trade – Off • An acceptance of a reduction in ecological category in one estuary where an adjacent estuary or estuaries is maintained or improved

7. Key questions in determining the balance • Is the estuarine reserve methodology proven? • How the balance between the ecological, economic and social impacts on the water resource can be achieved. • Are trade-offs acceptable (e.g. an acceptance of a reduction in ecological category in one estuary where an adjacent estuary or estuaries is maintained or improved) • How is the loss of a natural resource evaluated against the loss of development, and the consequent of potential jobs, loss of rates base, loss of low income housing etc., all of which have very significant social and economic consequences? • How is the cost of a mitigation measure costing R XX million compared to saving the already compromised ecological status of an estuary from declining?

8. Key Issue: Confidence in Decisions A balance between development and the environment needs to be considered using data which has the appropriate level of confidence. • The DWA Classification Study, by its nature, is having to be carried out at a low confidence level. • It relies on existing data. No new data has been collected as part of the study . • One report refers to it being a desk top level study “seriously hampered by lack of long term monitoring data”, moreover • “…. water quality conditions cannot be resolved with any degree of confidence”. • Before there can be any commitment to large expenditure on costly mitigation measures there needs to be confidence in the recommendations. • Focused data collection needs to commence immediately.

9. Dual / Overlapping Mandates • Acts and Policies relating to the determination of estuarine health status include • National Water Act (1998): Reserve, Resource Quality Objectives and classification of estuaries, including related methods and rules • NEMA: Biodiversity Act (2004): National Biodiversity Assessment 2011: National Estuaries Biodiversity Plan - core set of estuaries required for achieving national biodiversity targets. • NEMA: Integrated Coastal Management Act (2008): National Estuary Management Protocol. •   Section 5 of the estuary management protocol sets out the responsibility between National ( DEA: Oceans and Coasts ) , Provincial and Local Govt. as to who is mandated to undertake the estuary management plans. • In eThekwini : • National – Durban Bay ( harbour ) – completed • KZN Province – uThongati and aMahlongwa estuaries ( which cross municipal boundaries) • eThekwini – the remaining 13 estuaries ( uMdloti EMP in progress )

10. Dual / Overlapping Mandates ( cont.) The implementation of these various Acts and mandates highlights areas of uncertainty. Currently applications are required to be made in respect of a Water Use License to DWA AND a Coastal Discharge permit to DEA. Both Ezemvelo and KZN Province also have certain jurisdictions in terms of KZN Conservation Act ( 1992 ) Until resolved it is recommended that all Government Departments administering these overlapping mandates, form the proposed Technical Task Team such that decisions with respect to the “balance”, the resulting means for the disposal of wastewater and the associated Classification , are all joint decisions sanctioned by all roleplayers. Clarity is especially required in terms of the hierarchical decision-making process on estuarine health. For example, which piece of legislation sets the final health status of an estuary , and are there any minimum requirements in terms of the allowable health status of any estuary. Only in this manner can eThekwini take forward a “total outfall strategy” with confidence

11. eThekwini Study • Ethekwini have commissioned Rivers For Africa to inform the process which provides the appropriate Balance between cost of a mitigation measure vs the ecological benefit • To improve confidence levels by supplementing the data collection by DWA • To unpack possible mitigation measures : their feasibility / capital and operating costs • Ohlanga to Mgeni pumping scheme :CAPEX R30 mill. OPEX R 3mill pa • New marine outfall R300 mill. ???? • To work with DWA to develop an agreed means for the disposal of wastewater from each catchment which aligns with the ‘classification’. • To pave the way for “Water use license“ and “Coastal Discharge permit “ approvals • To form the basis of a long term sewage disposal plan for eThekwini which facilitates the City’s Strategic Development Framework

12. Conclusion eThekwini needs to develop a wastewater disposal / total outflow strategy to unlock the future development identified in the IDP / SDF The strategy : - needs to be realistic and affordable - align with the Classification study and other regulations - pave the way for licences / permits and other authorisations The eThekwini study will add to and complement the DWA Classification study, BUT It must be conducted with the full co-operation of all key government role players under a commitment from all organisations to exercise to the full extent a co-operative governance mandate.

13. Way Forward • We request that: • a dedicated Tech Team be established which meets once/month, or other intervals to be agreed, for duration of the study, • there is one combined stakeholder engagement process and that eThekwini is a signatory to the final report in respect of the eThekwini water resources, • the Tech team meetings include all government role players and the specialist R4A team, • the first meeting will aim to unpack in detail all issues around each of the 5 priority estuaries, • that separate, but more regular reporting to non-government stakeholders takes place.