Source: Waste Act Made Easy - a user-friendly guide

Waste Management Services - Municipal

In terms of the Constitution, municipalities are responsible for providing waste management services in terms of national and provincial regulations and standards.

Municipalities provide the following services that form part of the waste value chain, from initial cleaning and collection through to final disposal.

[Source: National Environmental Management: Waste Act 2008 (59 of 2008)]

Municipalities may

• Perform the services themselves
• Outsource some of the services to private companies on a contractual basis depending on skills and resource capacity
• Enable Sorting, separation, reprocessing and recycling activities to be carried out by private companies.
• Create entities responsible for waste management operations. e.g. Pikitup in Johannesburg Metro.

The Municipal Waste Sector Plan, published in 2011, sets out government’s strategy to effectively address the backlogs in terms of municipal solid waste service delivery and infrastructure related to waste management once implemented.

Model By-Law on Waste Management provides a template the development of municipal waste management by-law.

The Municipal Solid Waste Tariff Strategy provides a framework and guidance for municipalities in setting solid waste tariffs that align with the intentions of the National Waste Management Strategy. The strategy document is supported by

• Solid Waste Tariff Setting Guidelines for Local Authorities providing a step-by-step guide to the setting of solid waste tariffs by municipalities.
• A spreadsheet-based Tariff Setting Model to assist with calculating the costs, required income and appropriate tariffs for the provision of solid waste services.

Collection

As part of the waste management services provided by municipalities domestic waste collection services are to be provided to all households within the jurisdiction of the municipality. The National Environmental Management: Waste Act, 2008 (No. 59 of 2008) National Domestic Waste Collection Standards provides standards, general requirements and guidelines for the following:

• Types/levels of collection services (including collection of recyclable waste)
• Receptacles
• Bulk containers
• Communal collection points
• Frequency of collection
• Drop-off centres for recyclables
• Collection vehicles
• Health and safety issues
• Communication, awareness and complaints

Refer to Guideline for waste collection in high density and unserviced areas

Download the guideline Waste Management Licenses for information on Waste Management Licenses, Authorisations, Registrations, Accreditations and Permits related to the collection of waste.

Collection - Indigent Households

Some households cannot afford the cost of waste services, including refuse removal, due to their poor economic situation. The Constitution places the responsibility on government to ensure that every person has access to basic services. In order to make sure that poor people or households are not discriminated against due to their economic status, the 2001 Free Basic Services Policy provides for a basket of free basic services, including solid waste, water, sanitation and electricity. The National Policy for the provision of basic refuse removal services to indigent households sets out

• Range of services provided

• Recipient qualification criteria

• Financial implications and financing mechanisms

• Implementation strategies

• Roles and responsibilities of three levels of government

Storage

Storage refers to the accumulation of waste that does not involve treatment or disposal of that waste.

The National Environment Management: Waste Act (59/2008): National norms and standards for the storage of waste provides the requirements for waste storage facilities for the following:

• Registration

• Location, design and construction

• Waste storage containers

• Management and operation

• Minimum requirements for above-ground and underground storage facilities

• Training for employees

• Emergency preparedness

• Monitoring, inspections, auditing and reporting

• Recordkeeping

• De-commissioning

Registration requirements within 90 days of commencement of facility construction:

• The operator of a general waste storage facility with the capacity to store in excess of 100m³ continuously is required to register with the relevant provincial department. (Refer to Provincial Departments Responsible for Environmental Affairs: contact details).

• The operator of a hazardous waste storage facility with the capacity to store in excess of 80m³ continuously is required to register with:

Department of Environmental Affairs

Mr Lucas Mahlangu

Tel: 012 399 9791 Email: lmahlangu@environment.gov.za

Refer to Licensing section and download the guideline Waste Management Licenses for information on Waste Management Licenses, Authorisations, Registrations, Accreditations and Permits related to the storage of waste.

Transportation

Please note that Waste transporters activities are currently not regulated in terms of the National Waste Information Regulations of 2012 or section 25 of the National Environmental Management: Waste Act, 2008. Registration of these activities on South African Waste Information System (SAWIS) is currently voluntary until the Regulations are amended or Minister issues a Notice in the government gazette in terms of section 25 of the Waste Act. Any waste transporters located in Gauteng and Western Cape must consult with the respective provincial offices as the two provinces have established provincial waste information systems in terms of section 62 of the Waste Act.

As part of the waste management services provided by municipalities domestic waste is collected and transported to a transfer point or to a landfill site for final disposal.

The National Environmental Management: Waste Act, 2008 (No. 59 of 2008) National Domestic Waste Collection Standards provides standards, general requirements and guidelines for collection vehicles.

Waste Transporters are required to comply with the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) Waste Classification and Management Regulations

Refer to Licensing section and download the guideline Waste Management Licenses for information on Waste Management Licenses, Authorisations, Registrations, Accreditations and Permits related to the transportation of general waste and hazardous waste (including health care risk waste).

For details on waste management officers in specific municipalities, contact Mr Malcolm Mogotsi of the department of environmental affairs: 012 339 9805 email mmogotsi@environment.gov.za (information correct as at 8 October 2019)

Treatment

Treatment refers to any method, technique or process that is designed to:

• change the physical, biological or chemical character or composition of a waste

• remove, separate, concentrate or recover a hazardous or toxic component of a waste

• destroy or reduce the toxicity of a waste

in order to minimise the impact of the waste on the environment prior to further use or disposal.

Anyone involved in the operation of a hazardous waste facility and the treatment of hazardous waste is required to:

• Comply with the National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) Waste Classification and Management Regulations

• Apply for a waste management licence from the Department of Environmental

Affairs – Lucas Mahlangu Tel: 012 399 9791

Email: lmahlangu@environment.gov.za

• Register with the national South African Waste Information System (SAWIS). Refer to the National Waste Information Regulations for detailed registration and reporting requirements

• Apply for authorisation with the relevant provincial department. (Refer to Provincial Departments Responsible for Environmental Affairs: contact details). Register with the relevant local authority to obtain the necessary accreditation or permit.

• Contact the relevant provincial department (Refer to Provincial Departments Responsible for Environmental Affairs: contact details) and municipality to find out whether there is a provincial or municipal Waste Information System

For details on waste management officers in specific municipalities, contact Mr Malcolm Mogotsi of the department of environmental affairs: 012 339 9805 email mmogotsi@environment.gov.za 

For examples of hazardous waste (including health care risk waste) refer to:

• Hazardous Waste section

• Definition of Waste section

• Types of Waste section

• Annexure 3 of the National Waste Information Regulations

• Schedule 3 of the National Environmental Management: Waste Amendment Act (26 of 2014)

Refer to Licensing section and download the guideline Waste Management Licenses for information on Waste Management Licenses, Authorisations, Registrations, Accreditations and Permits related to the treatment of general and hazardous waste (including health care risk waste).

In terms of the Air Quality Act, the National List of Activities & Associated Minimum Emission Standards 2013 and the Amendments to National List of Activities and Associated Minimum Emission Standards 2015 provide a list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage. The activities include waste co-feeding combustion installations and the thermal treatment of general and hazardous waste. Refer to Air Quality section.

National Policy in Thermal Treatment of General and Hazardous Waste presents government’s position on thermal waste treatment as an acceptable waste treatment option and provides the framework for the implementation of:

• The incineration of general and hazardous waste in dedicated incinerators or other high temperature thermal treatment technologies, including but not limited to pyrolysis and gasification, and

• Co-processing of selected general and hazardous waste as alternative fuels and/or raw materials in cement production

The Draft National Standards for the Validation of the Treatment Efficacy and Operation of a Non-Combustion Technology for the Treatment of Health Care Risk Waste prescribes the minimum requirements for the efficacy testing and operation of a non-combustion treatment technology treating health care risk waste and does not apply to facilities utilising chemicals for the treatment of health care risk waste.

Waste-to-energy

The Waste Management Flagship Programme is one of the near-term priority programmes of the Department of Environmental Affairs

National Climate Change Response White Paper

This programme will establish the greenhouse gas (GHG) mitigation potential of the waste management sector and will include, but not be limited to, investigating waste-to-energy opportunities available within the solid-, semi-solid- and liquid-waste management sectors, especially the generation, capture, conversion and/or use of methane emissions.

For further information on the Waste Management Flagship Programme refer to:

• Co-ordination of the Waste Management Flagship Programme

• – a presentation at the Waste Khoro October 2013.

• NAMA: Diversion of Solid waste from landfills

•  - a presentation at the Waste Summit March 2015

Air Quality

The National Environmental Management Air Quality Act (39 of 2004) as amended by the National Environmental Management Air Quality Amendment Act (19 of 2014)  provides for the regulation of air quality in order to protect the environment while promoting justifiable economic and social development.

The National List of Activities & Associated Minimum Emission Standards 2013 and the Amendments to National List of Activities and Associated Minimum Emission Standards 2015 provide a list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage. The activities include waste co-feeding combustion installations and the thermal treatment of general and hazardous waste.

The National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) National Atmospheric Emission Reporting Regulations regulates the reporting of data and information from identified sources of atmospheric emissions to an internet based National Atmospheric Emissions Inventory System in order to compile emissions inventories.

The South African Air Quality Information System (SAAQIS), provides a common platform for managing air quality information in South Africa. It makes data available to stakeholders including the public and provides a mechanism to ensure uniformity in the way air quality data is managed i.e. captured, stored, validated, analysed and reported on in South Africa. Visit SAAQIS Documents for Download for relevant legislation

Disposal

Landfill Sites

Disposal refers to the burial, deposit, discharge, abandoning, dumping or release of any waste on land to landfill sites. The Waste Act promotes the internationally recognised waste management hierarchy which states that waste should first be avoided; where it cannot be avoided it should be reduced, reused, recycled or recovered and only disposed of if there is nothing else that could be done with it. Refer to Waste Hierarchy section)

Landfills are classified in terms of type of waste involved (general or hazardous), size of waste stream and potential for significant leachate generation, and are developed by:

• Municipalities (mainly general waste sites)
• Private companies for gain (mainly hazardous waste sites, but also some general sites).

License requirements:

• The operator of a GLB+, GLB-, GMB+ or GMB- landfill site, as per the Minimum Requirements for Disposal by Landfill is required to apply to the relevant provincial environmental affairs department for a waste management license. (Refer to Provincial Departments Responsible for Environmental Affairs: contact details)
• The operator of a H:H or H:h landfill site, as per the Minimum Requirements for Disposal by Landfilll is required to apply for a waste management license to:

Department of Environmental Affairs

Mr Bonginkosi Dlamini

Tel: 012 399 9778 Email: brdlamini@environment.gov.za

Operators of landfill sites are required to comply with:

• Minimum Requirements (1998) for water monitoring at waste management facilities
• Minimum Requirements (1998) for waste disposal by landfill
• Minimum Requirements (1998) for the handling, classification and disposal of hazardous Waste
• National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) Waste Classification and Management Regulations
• National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) National Norms and Standards for the Assessment of Waste for Landfill Disposal
• National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) National Norms and Standards for Disposal of Waste to Landfill
• National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) National standards for the extraction, flaring or recovery of landfill gas
• National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) National standards for the scrapping or recovery of motor vehicles

Operators of landfill sites are also required to:

• Register with the national South African Waste Information System  (SAWIS). Refer to the National Waste Information Regulations for detailed registration and reporting requirements
• Contact the relevant provincial department (Refer to Provincial Departments Responsible for Environmental Affairs: contact details) and municipality to find out whether there is a provincial or municipal Waste Information System.

Refer to Licensing section and download the guideline Licensing of Waste Management Activities for information on Waste Management Licenses, Authorisations, Registrations, Accreditations and Permits related to landfill operation.