WASTE TYRE MANAGEMENT ON SITE
Waste tyre management is regulated by the Environment Conservation Act 73 of 1989 (more specifically, the Waste Tyre Regulations, 2009 as published in Government Notice [GN] R149 in Government Gazette [GG] 31901 of 13 February 2009) and the National Environmental Management: Waste Act 59 of 2008 (more specifically, the list of waste management activities that have, or are likely to have, a detrimental effect on the environment as published in GN 921 in GG 37083 of 29 November 2013 and the National Norms and Standards for Storage of Waste as published in GN 926 in GG 37088 of 29 November 2013).
Waste tyres include new, used, re-treaded, or un-roadworthy tyres, not suitable to be re-treaded, repaired, or sold as part worn tyres and not fit for its original intended use (regulation 1 of the Waste Tyre Regulations).
The following restrictions are imposed by the Waste Tyre Regulations (regulation 3):
- The Waste Tyre Regulations prohibit any person to manage waste tyres in a manner which does not comply with these Regulations.
- Furthermore, no person may recycle, recover or dispose of a waste tyre, or knowingly or negligently cause or permit a waste tyre to be recycled, recovered or disposed of, at any facility or on any site, unless the recycling, recovery or disposal of that waste tyre is authorised by law. Waste tyres may also not be recovered or disposed of in a manner that is likely to cause pollution of the environment or harm to health and well-being.
- The disposal of a waste tyre at a waste disposal facility two years from the date of commencement of these regulations (30 June 2009) is also prohibited, unless such a waste tyre has been cut into quarters.
- No quartered waste tyres may be disposed 5 years from the date of promulgation of these regulations (30 June 2009) unless such waste tyres have been shredded, excluding in both instances bicycle tyres and tyres with an outside diameter above 1400mm and tyres used as engineering material.
The Waste Tyre Regulations impose specific duties on specific persons including, amongst others, tyre dealers, waste tyre processors and waste tyre stockpile owners. These will now be discussed.
Duties of a tyre dealer
A tyre dealer means any person or entity that distributes, or otherwise deals commercially in tyres. A tyre dealer has the following duties in terms of the Waste Tyre Regulations:
- A tyre dealer must classify any used tyre in his/her possession or control as either a part worn tyre or a re-treadable casing and any tyre not falling into either of these categories must be classified as a waste tyre.
- A tyre dealer must also mutilate or cause all waste tyres with a load index of 121 or less in his/her possession or control to be mutilated, which includes, but is not limited to-
- the cutting of the bead of a waste tyre in two places;
- punching a hole with a minimum diameter of 50mm in the sidewall; or
- making a cut of at least 100mm in the sidewall.
- A tyre dealer must also manage all waste tyres in his/her possession or control in accordance with the approved integrated industry waste tyre management plan of the producer.
Duties of waste tyre processor
A waste tyre processor means any person or entity that is engaged in the commercial re-use, recycling or recovery of waste tyres (regulation 1 of the Waste Tyre Regulations). A waste tyre processor has the following duties in terms of the Waste Tyre Regulations:
- A waste tyre processor who undertakes an activity involving the reuse, recycling or recovery of a waste tyre must, before undertaking that activity, ensure that the reuse, recycling or recovery of the waste tyre is more sustainable than the disposal of such a waste tyre.
Duties of waste tyre stockpile owners
A waste tyre stockpile means a site on which predominantly waste tyres have been stored continuously for a period greater than 2 years and which covers an area greater than 500m2, and excludes waste disposal facility. A waste tyre stockpile owner means the owner or lawful possessor of the waste tyres. A waste tyre stockpile owner has the following duties in terms of the Waste Tyre Regulations:
- Any person or entity who has a waste tyre stockpile on their premises or is the owner of a waste tyre stockpile(s) on the date of commencement of these regulations (30 June 2009) must register with the Minister within 30 days, providing information specified in the regulation 8(1) of the Regulations. A registration number will then be issued by the Minister, which must be displayed on all trading documentation.
- A waste tyre stockpile owner must within 120 days of the date of commencement of these regulations submit to the Minister a waste tyre stockpile abatement plan for approval. A waste tyre stockpile abatement plan means a plan, prepared by a person or entity who has a waste tyre stockpile, indicating the manner and timeframe in which the stockpile will be removed and must contain information specified in regulation 13. Remember that any person producing a waste tyre stockpile abatement plan must take appropriate steps to bring the contents of a proposed waste tyre stockpile abatement plan to the attention of relevant organs of stale, interested and affected parties and must call for comments to the plan. Any comments submitted in respect of a waste tyre stockpile abatement plan must be considered by the person responsible for preparing the plan, and a copy of all comments and responses must be submitted to the Minister, together with the plan. Once approved, compliance with the waste tyre stockpile abatement plan must be ensured and an annual external audit must be conducted thereon, of which the results must be submitted to the Minister.
- A waste tyre stockpile owner that is not permitted or licensed in terms of the relevant legislation shall not add to the stockpile after 120 days of the commencement of these regulations.
With regards to the storage of waste tyres on site, compliance must be ensured with regulation 16 of the Waste Tyre Regulations which states that no waste tyre storage area may exceed 30 000m2. A waste tyre storage area for a tyre dealer may not exceed 500m2. In the case where a waste storage area is less than 500m2, the Waste Tyre Regulations will be applicable to such storage area. Any person who stored waste tyres on the date that the Waste Tyre Regulations commenced must comply with regulation 16 of the Waste Tyre Regulations within one year after the date of commencement of these Regulations. Thereafter, any non-compliance is considered an offence, punishable by penalties as specified in the Regulations.
In the case where the waste storage area exceeds 500m2, compliance must be ensured with the National Norms and Standards for Storage of Waste. A person who lawfully operated a waste storage facility for the storage of general and hazardous waste prior to and on the date of coming into operation of the National Norms and Standards for Storage of Waste may continue with the activity for the duration as stipulated in the permit or licence and after the expiry of the permit or licence comply with these standards. Thereafter, any non-compliance is considered an offence, punishable by penalties as specified in these Norms and Standards.
What is Shangoni’s approach?
Shangoni has expertise in assisting clients in the mining and non-mining industries in identifying and implementing their legal duties pertaining to the management of waste tyres. Our legal specialists work closely together with our technical team to ensure that practical, lawful solutions are given to our clients. Shangoni can further assist clients in the following manner:
- Compilation of the required Waste Tyre Abatement Plan;
- Compilation of a Risk Assessment Report (in support of the abatement plan);
- Consultations with the relevant authorities (i.e. Department of Environmental Affairs [National and Regional], Local Municipalities and Fire Departments
- Completion of the application forms;
- Submissions; and
- Follow-up consultations (until approval is received).