Waste Management Pack

Waste management activities listed in the EIA Regulations 2014 (GN R.327, R.325, R.324) require Environmental Authorisation before commencement. Listed activities relevant to waste include: construction of waste treatment facilities, expansion of existing waste facilities exceeding specified thresholds, and development within sensitive geographical areas. The process requires appointment of an independent Environmental Assessment Practitioner (EAP). Basic Assessment: 80-147 days; full Scoping & EIA: 300+ days. Penalty: Commencing listed activities without EA — fine up to R10 million or imprisonment up to 10 years (s49A of NEMA). Reference: NEMA Act 107 of 1998, EIA Regulations 2014 (GN R.326).

Facilities storing, handling, or disposing of hazardous substances listed under the Hazardous Substances Act 15 of 1973 require authorisation from the Department of Health. Group I hazardous substances (electronic, chemical, radioactive) and Group II (infectious, pathological) require specific handling licences. Storage requirements: bunded containment (110% of largest container), impervious flooring, adequate ventilation, SDS readily available, emergency spill response equipment on site, and trained personnel. Incompatible substances must be segregated. Penalty: Unauthorised handling of hazardous substances — fine or imprisonment as prescribed (s19 of Act 15 of 1973). Reference: Hazardous Substances Act 15 of 1973, Regulations GN R.247.

All waste generators must classify their waste in accordance with SANS 10234 (Globally Harmonised System) as required by the National Norms and Standards for the Assessment of Waste for Landfill Disposal (GN R.635 of 23 August 2013). Waste must be classified as Type 0 (very hazardous — not landfillable), Type 1 (hazardous — H:H landfill), Type 2 (moderate hazardous — H:h landfill), Type 3 (low hazardous — GLB+ landfill), or Type 4 (general — GLB landfill). Classification must be based on total concentration (TC) and leachable concentration (LC) thresholds per GN R.635. Reclassification required when waste stream changes. Penalty: Disposing of waste at a landfill not licensed for that waste type — fine up to R10 million or imprisonment up to 15 years. Reference: GN R.634, GN R.635, SANS 10234.

Any person who stores, treats, recycles, or disposes of waste listed in Schedule 1 of the National Environmental Management: Waste Act 59 of 2008 must hold a Waste Management Licence issued by the competent authority (DFFE or provincial department). Category A activities (listed in GN 921 of 2013) require a Basic Assessment; Category B activities require a full Scoping and Environmental Impact Assessment. Activities include: storage of general waste > 100m³, storage of hazardous waste > 80m³, treatment of general waste using any form of treatment, and disposal to land. Penalty: Commencing a listed waste activity without a WML — fine up to R10 million or imprisonment up to 15 years (s67 of NEM:WA). Reference: NEM:WA s20, Schedule 1 (GN 921 of 2013).

Waste management facilities that may impact water resources require a Water Use Licence (WUL) from the Department of Water and Sanitation under the National Water Act 36 of 1998. Section 21 water uses commonly triggered: (a) s21(e) — engaging in a controlled activity (waste disposal); (b) s21(f) — discharging waste into a water resource (effluent discharge); (c) s21(g) — disposing of waste in a manner which may detrimentally impact water; (d) s21(j) — removing, discharging, or disposing of water found underground. Leachate management systems, effluent treatment facilities, and wastewater discharge points all typically require a WUL. Processing time: 120-300 days. Penalty: Unlawful water use — fine up to R5 million or imprisonment up to 5 years (s151). Reference: National Water Act 36 of 1998, s21 & s40.

Every waste generator has a duty of care under s16 of NEM:WA to take all reasonable measures to: (a) avoid the generation of waste and, where avoidance is not possible, minimise the toxicity and amounts generated; (b) reduce, re-use, recycle, and recover waste; (c) ensure waste is treated and disposed of in an environmentally sound manner; (d) manage waste in a manner that does not cause pollution or ecological degradation; (e) ensure waste is stored, collected, transported, and disposed of by a person authorised to do so. Waste must be accompanied by a manifest (safe disposal certificate) from point of generation to point of final disposal. Penalty: Breach of duty of care — fine up to R10 million or imprisonment up to 10 years. Reference: NEM:WA s16.

Producers, brand owners, and importers of products in prescribed sectors must register with an approved Producer Responsibility Organisation (PRO) and comply with Extended Producer Responsibility regulations (GN R.1184 of 5 November 2020). Currently prescribed product categories: (a) paper and packaging; (b) electrical and electronic equipment (WEEE); (c) lighting (fluorescent tubes, CFLs, LEDs). Obligations include: registration with approved PRO by 5 November each year, payment of EPR fees, annual reporting of products placed on market, and meeting collection and recycling targets set by DFFE. Waste management companies collecting EPR-regulated waste must maintain records and report volumes to the relevant PRO. Penalty: Non-compliance — fine up to R10 million or imprisonment up to 10 years (s67 of NEM:WA). Reference: NEM:WA s18, EPR Regulations GN R.1184 of 2020.

Transportation of hazardous waste must comply with SANS 10228 (Identification and Classification of Dangerous Substances and Goods), SANS 10229 (Transport of Dangerous Goods — Packaging), and the National Road Traffic Regulations. Requirements: (a) vehicles must display appropriate hazard placards and Hazchem codes; (b) drivers must hold a valid dangerous goods permit (PrDP-D); (c) transport emergency cards (Tremcards) must be in the vehicle; (d) waste manifest must accompany each load from generator to disposal facility; (e) vehicles must carry spill containment and emergency equipment. The transporter must be registered with the DFFE. Penalty: Transporting hazardous waste in contravention — fine or imprisonment per NEM:WA s67. Reference: SANS 10228, SANS 10229, NEM:WA s24.

All landfill sites must comply with the National Norms and Standards for Disposal of Waste to Landfill (GN R.636 of 23 August 2013). Requirements include: (a) landfill classification (GLB, GLB+, GMB, GCB for general; H:h, H:H for hazardous); (b) liner and leachate management systems per class specifications; (c) daily cover requirements; (d) gas management for sites > 2 hectares or receiving > 25,000 tonnes per year; (e) groundwater monitoring — minimum 6 boreholes, quarterly; (f) stormwater management and surface water monitoring; (g) final closure plan and financial provision for 30-year post-closure care. Penalty: Non-compliance — WML may be suspended or revoked; fine up to R10 million or imprisonment up to 15 years. Reference: GN R.636 of 2013.

Waste management operations must comply with applicable municipal by-laws governing waste collection, recycling, and disposal within the municipal area. Common requirements: (a) registration as a waste collector/transporter with the municipality; (b) compliance with separation-at-source requirements where municipalities have implemented mandatory recycling programmes; (c) operating hours and route restrictions for waste collection vehicles; (d) waste transfer station operating permits from the municipality; (e) compliance with municipal integrated waste management plans (IWMPs). Municipal by-laws vary by metropolitan and district municipality. Major metros (Joburg, Cape Town, eThekwini, Tshwane) have comprehensive waste by-laws. Penalty: Varies by municipality — typically fines of R500 to R20,000 per contravention. Reference: Municipal Systems Act 32 of 2000, applicable municipal by-laws.

Waste management facilities must comply with the OHS Act 85 of 1993 and its regulations for worker safety. Specific requirements include: (a) Hazardous Chemical Substances Regulations (GN R.1179 of 1995) — risk assessments, SDS availability, air monitoring, medical surveillance for exposed workers; (b) Hazardous Biological Agents Regulations (GN R.1390 of 2001) — for workers handling healthcare waste, sewage sludge, or decomposing organic waste; (c) PPE provision — SANS-approved gloves, respiratory protection, eye protection, protective clothing, steel-cap boots; (d) Health and safety committee (20+ workers); (e) Annual medical surveillance for workers exposed to hazardous substances. Penalty: Non-compliance — fine up to R50,000 or imprisonment up to 2 years. Reference: OHS Act 85 of 1993, HCS Regulations, HBA Regulations.

Holders of Waste Management Licences and prescribed waste generators must register on the South African Waste Information System (SAWIS) maintained by the DFFE and submit quarterly and annual waste data reports. Data includes: waste types generated, volumes stored, treated, recycled, and disposed. Reporting is via the online SAWIS portal (sawis.environment.gov.za). Quarterly reports due within 30 days of quarter-end. Annual summary due by 31 March. Penalty: Failure to report — fine up to R5 million or imprisonment up to 5 years (s67 read with s64 of NEM:WA). Reference: NEM:WA s64, Waste Information Regulations GN R.625 of 2012.

Holders of a Waste Management Licence must conduct an annual independent compliance audit to verify adherence to all licence conditions. The audit must be performed by an independent auditor and the report submitted to the licensing authority. The report must address: waste volumes handled, emissions monitoring, groundwater monitoring, closure and rehabilitation provisions, and any non-conformances. Penalty: Failure to comply with licence conditions — fine up to R10 million or imprisonment up to 15 years (s67 of NEM:WA). Reference: NEM:WA s20, WML conditions.

Waste tyre dealers, processors, and stockpile managers must comply with the Waste Tyre Regulations (GN R.1064 of 2017, amended 2021) under NEM:WA. Requirements include: (a) registration as a waste tyre dealer, processor, or stockpile manager with the DFFE; (b) maintaining records of tyres received, processed, and dispatched; (c) maximum stockpile limits (waste tyre dealers: 600 tonnes; processors: 3,000 tonnes); (d) fire precautions including fire breaks and fire-fighting equipment; (e) quarterly reporting to DFFE. No person may dispose of waste tyres to landfill (banned since 2013). Penalty: Non-compliance — fine or imprisonment per NEM:WA s67. Reference: GN R.1064 of 2017, NEM:WA.