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The Democratic Alliance (DA) calls on the Department of Water and Environmental Affairs to adopt the zero-tolerance approach promised by the Minister to stop the illegal, ongoing discharge of sewage into our rivers. The time for negotiation with offending municipalities has passed. Meaningful action is now required. If this involves legal action, and fines or jail terms for offenders, then so be it. We can no longer tolerate the ravaging of our precious water resources. Section 19(3) of the National Water Act 36 of 1998 allows the Department to issue directives to, inter alia, sewage treatment works that are not complying with requirements. The DA recently questioned how many directives have been issued by the Department, what the details of each directive were, and what the response to each has been. The reply from the Minister details directives issued between October 2004 and September 2009. The reply can be summarised as follows: Directives issued: 43 (North West 1, Eastern Cape 2, Gauteng 22, Mpumalanga 14, Northern Cape 3, Limpopo 1) No response from municipality: 21 Response from municipality but considered poor/no commitment to action: 4 Response from municipality committing to action: 9 Response from municipality, action taken (including appointment of consultants) but not completed: 9 Response from municipality, problem solved: 0 Our own investigations and many media reports have revealed many similar scenarios that have not resulted in the issuing of directives. The 43 directives issued likely represent only a small fraction of offending municipalities. It is a criminal offence, in terms of the Act, not to comply with a directive such as those summarised above. It is also a criminal offence to "unlawfully and intentionally or negligently commit any act or omission which pollutes or is likely to pollute a water resource" or to "unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to affect a water resource". In only one of the 43 cases detailed in the ministerial response has legal action been commenced (against Emfuleni Municipality). This is despite the fact that four of the municipalities listed have each received four separate directives, and one municipality has received no fewer than seven directives. South Africa's scarce water resources are fast being rendered seriously harmful to the environment and to the public by ongoing discharges of raw or partially treated sewage. The Department of Water and Environmental Affairs is the custodian of our water resources. The Minister has promised a zero-tolerance approach. Her officials have confirmed that this is now departmental policy. We need now to see evidence of this. MEDIA ENQUIRIES:
Annette Lovemore MP - 083 463 5334 Jo Lennox - 082 780 0242 NATIONAL ASSEMBLY FOR WRITTEN REPLY QUESTION NO 1410 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 SEPTEMBER 2009 (INTERNAL QUESTION PAPER NO 18) 1410. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs: Whether, with reference to sections 19 and 151 of the National Water Act, Act 36 of 1998, any failures to comply with directives issued in terms of section 19(3) have occurred in the past year; if so, (a) what action has been taken by her department against the offending party and (b) what are the further relevant details in each case? REPLY: (a) My Department has written letters of non-compliance in the form of notices and directives to various polluters and/or municipalities in the country in terms of Section 19(3) of National Water Act, 1998 (Act No.36 of 1998). (b) The relevant details in this regard are indicated in Table 1 below. (Annexure A) Annexure A TABLE 1: SECTION 19(3) NOTICES AND DIRECTIVES ISSUED TO POLLUTERS/MUNICIPALITIES
Region Municipality Date Issued Reason Response from Municipality
North West Madibeng Local Municipality 20/04/2009 The notice was issued as a result of investigations conducted at the Brits Waste Water Treatment Works, the findings of which included the following: Inadequate maintenance which led to critical processes being by-passed. There were contaminated scum dams. The sludge in the dams had to be classified immediately and appropriately disposed of. Lack of chlorine testing. Current staffing levels on site were acutely inadequate and not in line with Regulation 2834 of National Water Act, 1998 (Act No. 36 of 1998) Lack of training and compliance with Occupational Health and Safety Act, 1993 (Act No.85 of 1993) Municipality has not responded to the notice.
Eastern Cape O R Tambo District Municipality 23/10/2008 Non-compliance with the National Water Act, 1998 (Act No. 36 of 1998) due to the state of the Mthatha City wastewater collector sewers, pump stations and wastewater treatment works. Response from O R Tambo District Municipality (ORTDM) was to attend co-governance meetings and to commission contractors to repair/ refurbish failed pump stations with the R10 million funds granted by Province; however, no formal response to directive was received until the Department forced them to submit an action plan. Following the Drought Disaster Declaration and further deterioration of services in other local areas of ORTDM, the Department and Province have committed to assist in developing a wider action plan that addresses rehabilitation, delivery, resource conservation, planning, technical and institutional capacity, and sustained management.
Kou-Kamma Local Municipality 19/02/2009 Non-compliance with the National Water Act, 1998 due to the state of sewerage infrastructure at Louterwater, Tweeriviere, Rivonia, Kareedouw, Coldstream, Sanddrift and Kwaaibrand. An action plan was submitted indicating the state of sewage infrastructure, cost of repair, commitment of funding from Province and support from Development Bank of Southern Africa and time frames to restore infrastructure. Work is progressing well.
Gauteng Lekwa Local Municipality (Morgenson) 31/08/2009 Untreated effluent discharged into streams The Municipality has not responded to the notice.
Seme Local Municipality (Amersfoort) 04/09/2009 Untreated effluent discharged into streams The Municipality has not responded to the notice.
Midvaal Local Municipality 10/06/2009 20/08/2009 Sewage treatment works (various) are not operating efficiently and lack of interest to rectify the situation The Municipality responded unsatisfactorily on 10 June 2009, resulting in the Department issuing a Notice. The Municipality was made aware that non compliance is a serious issue and was referred to the fact that Municipal Managers can be criminally prosecuted as reflected in the Beeld, 19 August 2009. Subsequently a meeting was scheduled for 28 August 2009 but had to be cancelled due to Municipality's non availability.
Mogale Local Municipality (Mogale/ Krugersdorp) 12/08/2009 Non-compliance of waste water treatment works The Municipality has not responded to the notice.
Westonaria Local Municipality (Westonaria) 13/07/2009 Replacement of damaged sewage pipe-line. Municipality indicated they will comply with notice and have appointed consultants
Emfuleni Local Municipality (Vanderbijlpark) 25/08/2009 Final effluent from Rietspruit waste water treatment works not complying to discharge specifications as per License Poor response: operations persist in a non-compliance state. The Department has instituted legal proceedings.
Ekurhuleni Metro (Springs) 03/06/2009 Sewage spill into a water resource ( Blesbokspruit) The Municipality has not responded to the notice.
26/08/2009 Discharging of non-compliant effluent into Blesbokspruit The Municipality has not responded to the notice.
28/08/2009 Discharging of non-compliant effluent into Blesbokspruit The Municipality has not responded to the notice.
Dipaleseng Local Municipality (Balfour) 26/08/2009 Discharging of non-compliant effluent into Suikerbosrand The Municipality has not responded to the notice.
Lesedi Local Municipality (Heidelburg) 26/08/2009 Discharging of non-compliant effluent into Suikerbosrand The Municipality has not responded to the notice.
Phumelela LM (Warden) 27/07/2009 Discharging of non-compliant effluent into Wilge River. The Municipality has not responded to the notice.
Dihlabeng Local Municipality (Bethlehem) 27/07/2009 Discharging of non-compliant effluent into Wilge River. The Municipality has not responded to the notice.
Maluti A Phofung (Harrismith, Qwa-qwa) 23/07/2009 Discharging of non-compliant effluent into Wilge River. The Municipality has not responded to the notice.
Mafube Local Municipality (Frankford) 07/10/2004 Sewage spill into Wilge River Municipality committed to address the problems.
07/09/2005 Discharging of non-compliant effluent into Wilge River The Municipality has not responded to the notice.
10/07/2009 Sewage spill into Wilge River The Municipality has not responded to the notice.
10/07/2009 Sewage spill into a water resource The Municipality has not responded to the notice.
27/07/2009 Discharging of non-compliant effluent into Wilge River The Municipality has not responded to the notice.
04/08/2009 Discharging of non-compliant effluent into Wilge River The Municipality acknowledge the problem in a letter dated 17/08/2009 and committed to addressing the issues
21/08/2009 Discharging of non-compliant effluent into Wilge River No response yet
Mpumalanga Kungwini Local Municipality 05/06/2009 Alleged sewage pollution of the Bronkhorstspruit river The Municipality strongly objected to the pollution however did confirm that sewage waste from the suction tankers are discharged into the bulk sewer system.
Greater Sekhukhune District Municipality (DM) 05/06/2009 Operating a sewage works without an authorization The Municipality has not responded to the Notice. The Department forwarded a reminder letter on 17/08/2009 to urge the Municipality to respond.
Umjindi Local Municipality (LM) 09/02/2009 Non-compliance to the general effluent standard on pH, phosphates 20% of the time, nitrates 10% of the time, ammonia, faecal coliforms. The Municipality has made funds available for the planning and design of new inlet works. The Ehlanzeni DM will be appointing a contractor to refurbish the anaerobic and aerobic reactors. Umjindi LM is planning to stop uncontrolled discharging of industrial effluent into the municipal sewer line. Municipal ordinances are to be investigated and improved. Letters have been sent by the Municipality to instruct industries to install oil traps.
Bushbuckridge Local Municipality 12/02/2009 Unlawful discharge of sewage effluent and non-compliance to the effluent discharge standards The Municipality is upgrading and refurbishing the Mkhuhlu Sewage Treatment Works and Hoxani Treatment Works respectively. The contactor has been appointed to refurbish Thulamahashe and Dwarsloop works.
Nkomazi Local Municipality 11/02/2009 Operating a sewage works without authorization and non-compliance to the general effluent standard on phosphates, nitrates, ammonia, faecal coliforms. The Municipality would put an effluent water quality monitoring program in place, flow meters replacement and the calibration thereof. An application for water use license would be submitted.
08/04/2009 Overflow of sewage from the emergency dam at the pump station The Municipality has not responded to the Notice.
Mbombela Local Municipality 09/02/2009 Non-compliance to the general effluent standard on pH, phosphates, nitrates, faecal coliforms. The Municipality is upgrading the treatment plant and refurbishment work is taking place, a consultant has been appointed
Emalahleni Local Municipality 20/11/2008 Pollution from the Bankenveld pump station The Municipality planned to upgrade pumps, build a stormwater diversion system and installation of a back-up generator and early warning system
08/04/2009 Raw sewage from Klarinet pump station Ext 2 polluting Brugspruit river The Municipality acknowledged receipt of notice.
Emakhazeni Local Municipality 09/02/2009 Failure to comply with condition of exemption (authorization) Change of administration delayed application for a license.
08/04/2009 Machado pump station not working, manhole overflowing leading to pollution of Eefues River Confirmation of appointment of BTW Consulting (Pty) Ltd to compile authorizations and assist the Municipality with complying with legislation.
Govan Mbeki Local Municipality 08/04/2009 Unlawful discharge of sewage effluent from the Leandra Sewage Treatment Works into the River The Municipality has submitted a Technical Report for the upgrading of the Leandra Sewage Treatment Works to the Department. The anoxic mixer was repaired and the chlorinator's diaphragm was replaced.
Delmas Local Municipality 10/02/2009 Unlawful discharge of sewage effluent from the Delmas Sewage Treatment Works into the Bronkhorstspruit River The Municipality committed to submission of the water use authorisation. The Municipality would be approving by-laws to control the discharge by industries into the bulk sewer lines. The Botleng Sewage Works is to be upgraded during 2009/10 and thus sewer would be re-directed to address the hydraulic overloading at the Delmas Sewage Treatment Works.
Greater Tubatse Local Municipality 13/01/2009 Unlawful discharge of sewage effluent from the Steelpoort Sewage Treatment Works into the Steelpoort River The Municipality is engaging the Greater Sekhukhune as the Water Services Authority and a remedial action plan (that includes amongst others repair works for the Sewage Treatment Works and disinfection of the final effluent) has been developed.
Northern Cape Sol Plaatjie 3/09/2008 Poor operation and maintenance of the Homevale wastewater treatment works resulting in non-compliance to effluent discharge standards Emergency maintenance works have been implemented in order to ensure that the works functions at the design capacity 30 Ml/day. A water use license application has been submitted for the upgrading of the works to a capacity of 50Ml/day. A medium to long-term intervention plan has also been completed.
Ngaka Modiri Molema District Municipality 12/06/2009 Poor operation and maintenance of the Sannieshof Waste Water Treatment Works resulting in non-compliance to effluent discharge standards An additional oxidation dam has been constructed as part of the short-term intervention. A Task Team has been formed and an action plan is being compiled by the municipality in collaboration with key stakeholders.
Dr Ruth Segomotsi Mompati District Municipality 20/07/2009 Poor operation and maintenance of the Vryburg wastewater treatment works resulting in non-compliance to effluent discharge standards An action plan has been submitted by the Municipality
Limpopo Vhembe District Municipality (DM) 27/11/2008 Untreated sewage effluent from Makhado sewage works was flowing into the Vleispruit River which is a tributary of the Litshovhu River. A directive was issued to Vhembe DM to stop the flow of untreated sewage effluent to the water resource and to submit a plan to address the treatment process and infrastructure failure within 30 days of receipt of the directive. The Municipality appointed a Professional Service Provider to conduct a feasibility study on the upgrading of the Waste Water Treatment Works.