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Minister of Water and Environmental Affairs, Ms Edna Molewa on 20 March 2012 published for public comment under the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) the Draft National Norms and Standards for the Remediation of Contaminated Land and Soil Quality in Notice 233 of 2012, Gazette No. 35160.
Section 7(2)(d) of the National Environmental Management: Waste Act (NEM: WA) requires the Minister to set national norms and standards for the remediation of contaminated land and soil quality. These norms and standards have been developed in preparation for bringing in part 8 of the Waste Act into effect, this part provides for the remediation of contaminated land. The requirements set out in the draft norms and standards apply to any person who undertakes any remediation activity within South Africa.
The purpose of the norms and standards are to provide a national approach relating to the remediation of contaminated land and limit uncertainties about the most appropriate criteria and method to apply in the assessment of contaminated land. These norms and standards also provide the minimum standards for assessing necessary environmental protection measures for remediation activities, sampling and analysis of contaminated areas and the sites that do not need to undergo site specific assessment.
The draft norms and standards only apply to the remediation of sites contaminated with certain compounds including amongst others mercury, lead, copper and chloroform. With regard to the general requirements for the management of remediation activities, the draft norms and standards propose that immediate action must be taken to ensure that migration of compounds does not occur or that impacts are not aggravated as a result of remediation activities. The general requirements further propose that no exotic plant species may be used for rehabilitation purposes and that contaminated material supplies should under no circumstances be placed on adjacent properties, roads or road reserves during and after the remediation activities.
The draft norms and standards state that training must be provided to all employees including contract workers working on remediation activities that might be exposed to contaminants. The training programme must include, amongst others precautionary measures that need to be taken, appropriate use of protective clothing and the risks of the hazardous substances to their health which they are likely to be exposed to. Furthermore, remediation sites must have an emergency preparedness that must include hazardous identification, prevention measures, emergency planning, emergency response and remedial actions.
Interested and affected parties are invited to submit written comments to the Minister within 60 days of publication of the notice in the Gazette. Comments received after 60 days may not be considered. Written comments or inputs can be delivered by hand, mail, email or telefax transmission.