CONSULTATION ON INTENTION TO REQUIRE A PERSON WHO LAWFULLY CONDUCTED A HAZARDOUS WASTE MANAGEMENT ACTIVITY, BEFORE COMMENCEMENT OF NEMWA, TO APPLY FOR A WASTE MANAGEMENT LICENCE UNDER THE ACT
Title: Consultation on intention to require a person who conducts a waste management activity listed under the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) on the date of coming into effect of the Act, and who immediately, before that date, lawfully conducted that waste management activity under Government Notice No. 91 of 01 February 2002, to apply for a waste management licence under the Act
Government Gazette Notice: GN 541 in GG 42380 of 5 April 2019
Commencing date: Not yet effective
The transitional provisions in section 82 of the National Environmental Management: Waste Act 59 of 2008 (“NEMWA”), effective on 1 July 2009, provides that “a person who conducts a waste management activity as listed in Schedule 1 on the date of coming into effect of the NEMWA, and who immediately before the commencement date lawfully conducted that waste management activity under GN 91 of 1 February 2002, may continue with the activity until such time as the Minister directs that person to apply for a waste management licence”.
The Minister of Environmental Affairs has now given notice of intention, as provided for in section 82 of NEMWA, to require any person who lawfully conducted a waste management activity on the date of coming into effect of the NEMWA (on 1 July 2009) to apply for a waste management licence (“WML”) in terms of section 20 of NEMWA.
Members of the public are invited to submit written representations or objections within 30 days (06 May 2019), to the following addresses:
By post to: The Director-General
Department Environmental Affairs
Attention: Mr Anben Pillay
Director: Waste and Chemicals Policy and Information Management
Private bag X447
Pretoria
0001
By hand at: Ground Floor (Reception), Environment House, 473 Steve Biko Road, Arcadia, Pretoria 0001.
By email: apillay@environment.gov.za
For a copy of the notice click here
How to ensure compliance at my operation?
The intended outcomes of the Notice will apply to all hazardous waste management activities that include, but is not limited to waste disposal, landfilling, recycling, reuse, treatment and recovery of waste:
- The holders of valid authorisations (permits, exemptions, directives, registration certificates, environmental authorisations or Records of Decisions) for hazardous waste activities that commenced or were conducted before 1 July 2009, are granted one year to apply for a WML under the NEMWA.
- Waste management activities that commenced before 1 July 2009 without a valid permit, exemption, directive, registration certificate or environmental authorisation, must apply for a WML immediately.
- Waste management activities that commenced after 1 July 2009 without a valid WML are regarded as illegal activities and should apply for a Section 24G rectification.
Waste management activities are currently conducted lawfully if the holders are in possession of any of the following historic authorisations issued to them by the competent authority at the time:
- Environmental Authorisations or Records of Decision (RoD);
- Permits issued under the Environment Conservation Act, 1989;
- Exemptions issued by the Department of Water and Sanitation under the Environment Conservation Act, 1989;
- Directives issued by the Department of Water and Sanitation under the Environment Conservation Act, 1989; or
- Registration Certificates issued by the Department of Water and Sanitation under the Environment Conservation Act, 1989.
Shangoni’s interpretation and how we can assist?
Shangoni had discussions with the Department of Environmental Affairs and it was confirmed that the environmental authorisations also include for an Environmental Management Plan/ Programme (“EMPr”) that was approved under the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”). Mine residue stockpiles and disposal facilities included in EMPrs are lawful (i.e. have a valid authorisation), but an application for a waste management activity will still need to be submitted for these activities within one year of publication of the Notice in order to continue legally.
Take note that at this stage this notice is still a notice of intent but once promulgated Shangoni can assist with the facilitation of the following:
Facilitation of Waste Management Licence application:
Shangoni has the expertise and experience to undertake the full spectrum of tasks for Environmental Authorisation Applications (including applications for Waste Management Licences). This includes the statutory public participation and consultation process and all the required interactions with the regulating authorities.
Waste classification and characterization:
Shangoni consists of qualified and experienced scientists and environmental project managers to provide our clients with waste characterisation and classification.
Specific services include:
- Classification according to the National Norms and Standards for the Assessment of Waste (NEM:WA).
- Pollution control barrier system specifications compliant with the commensurate norms and standards for disposal of waste to landfill.
- Toxicity Characteristic Leaching Procedure (TCLP) and Synthetic Precipitation Leach Procedure on waste material.
- Biological toxicity testing.
- Acid generating and neutralising potential (static and kinetic acid-base-accounting).
- Analyses of volatile organic compounds.
- Human and environmental impact predictions and risk analyses.
- Geohydrological properties of the strata within the zone that could potentially be affected by the quality of seepage.
- Vulnerability and existing potential use of the groundwater resource within the zone that could potentially be affected by the residue facility.
- Potential rate of seepage from the facility and the quality of the seepage.
- Design and implementation of ground- and surface water monitoring programmes.
For more information or assistance please contact Minnette Le Roux at minnette@shangoni.co.za
