RESIDUE STOCKPILE AND RESIDUE DEPOSITS
Title: Waste Management Activities in respect of which a Waste Licence is require in accordance to Section 20(b) of the NEMWA, 2008 and Regulations regarding the planning and management of residue stockpiles and residue deposits
Government Notice: GN R632 in GG 39020 of 24 July 2015 and GN R633 in GG 39020 of 24 July 2015
Date of commencement: 24 July 2015
Since 2 September 2014 a waste management licence has to be obtained for the establishment of new residue stockpiles and deposits resulting from activities requiring a right/ permit in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). Since 24 July 2015 a waste management licence has to be obtained for the establishment, reclamation, expansion or decommissioning of residue stockpiles or residue deposits resulting from activities requiring a right/ permit in terms of the MPRDA.
Existing residue stockpiles and deposits can be managed in terms of an approved Environmental Management Programme (EMP). Regulations pertaining to the planning and management of residue stockpiles and deposits were issued in 2015. The purpose of these regulations is to regulate the planning and management of residue stockpiles and residue deposits arising from a prospecting, mining, exploration or production operation. In a recent court case (Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) and Others ([2016] ZACC 4 (23 February 2016)) the Constitutional Court confirmed that these regulations are valid and that residue stockpiles and deposits should indeed be managed in accordance therewith.
The regulations regulate the assessment of impacts and analyses of risks relating to the management of residue stockpiles and residue deposits, the characterisation of residue stockpiles and residue deposits, the classification of residue stockpiles and residue deposits, the investigation and selection of site for residue stockpiling, the design of the residue stockpiles and residue deposits, impact management, the duties of the holder of right or permit, the monitoring and reporting system for residue stockpiles and residue deposits, dust management and control, decommissioning, closure and post closure management of residue stockpiles and residue deposits.
“So what” for my operation?
• Your operation is legally obliged to obtain a waste management licence for the establishment, reclamation, expansion or decommissioning of residue stockpiles or residue deposits requiring a right/ permit in terms of the MPRDA.
• With regards to existing residue stockpiles and deposits, the approved EMP of your operation must adequately include and address all environmental impacts of these residue stockpiles and deposits.
• Your operation is legally obliged to characterise and classify residue stockpiles and deposits in accordance with GN R632. If this is not done, this constitutes an offence punishable by a fine of an appropriate amount or imprisonment of maximum 15 years, or both.
• The general management of all existing and planned residue deposits and stockpiles has to be in line with the requirements of GN R632.
What can Shangoni do for my operation?
• Facilitation of waste management licence application or amendment to existing EMPs:
Shangoni has the expertise and experience to undertake the full spectrum of tasks for Mining and Environmental Authorisation Applications (including applications for waste management licences) for our clients within the mining sector. This includes the statutory public participation and consultation process and all the required interactions with the regulating authorities. Shangoni’s approach towards Mining and Environmental Authorisation Application development also emphasises the management of identified risks, thus adding significant value to the organisation beyond the delivery of a report submitted to regulators for approval.
• Waste classification and characterisation
Shangoni consists of qualified and experienced scientists and environ¬mental project managers to provide our clients with and mine residue characterisation and classification.
Specific services include:
- Classification according to the National Norms and Standards for the Assessment of Waste (NEM:WA, Act 59 of 2008).
- 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.
