PREFACE
The purpose of this document is to provide a basis for developing a policy which will lead us along the path of integrated pollution control and waste management to ensure that all South Africans, both now and in the future, will have an environment which always caters for their well being. The participation of every resident of this country - through all levels of government, business, industry, labour, community based organisations and non-governmental organisations - is central to the effective development of policy and its implementation. All South Africans have a role to play in the national efforts to achieve a cleaner environment.
In the process of transforming South African society, one of the priorities stated is that the government "must ensure that all South African citizens, present and future, have the right to a clean and healthy environment". An important area of concern as regards impact on the biophysical and social environment, is pollution and waste.
Ever incrasing urban and industrial development throughout the world is leading to levels of pollution which seriously threaten the natural environmental media (water, air and land/soil) upon which mankind depends for its survival. The Reconstruction and Development Programme (RDP base document), also states that existing environmental policies in South Africa allow, in some cases, for sub-optimal use of natural resources, and unacceptably high levels of air and water pollution. South Africa has extensive environmental legislation regarding pollution control and waste management. However, responsibility for the implementation is scattered over a number of departments such as Environmental Affairs and Tourism and Water Affairs and Forestry, amongst others.
The Departments of Environmental Affairs and Tourism and Water Affairs and Forestry have therefore jointly undertaken to develop an Integrated Pollution Control and Waste Management policy for South Africa. This policy will set the framework within which a regulatory framework consisting of institutions, functions and legislation can be developed for integrated pollution control and waste management.
The Consultative National Environmental Policy Process (CONNEPP) will produce a framework for environmental management within which the Integrated Pollution Control and Waste Management (IPC & WM) regulatory approach will operate.
All interested and affected parties
are encouraged to take part in the process and bontribute to the development
of a policy on integrated pollution control and waste management.
| Z
Pallo Jordan
Minister of Environmental Affairs and Tourism |
Kader
Asmal
Minister of Water Affairs and Forestry |
PUBLIC PARTICIPATION
The formulation of an Integrated Pollution Control and Waste Management (IPC & WM) system was commissioned during 1994 by the Ministry of Environmental Affairs and Tourism. Since waste management is the responsibility of the Department of Water Affairs and Forestry, the Department decided to join the Department of Environmental Affairs and Tourism in the development of the policy.
This discussion document is a further step in the consultative process to ensure that all stakeholders are given the opportunity to participate in the process. The MECs for Environment in the provinces have undertaken to workshop this document within the provinces. The inputs received will be used to draft the White Paper.
You are therefore requested to participate in the development of the
White Paper for Integrated Pollution Control and Waste Management by raising
your views at the workshops or through direct submissions to the Department
of Environmental Affairs and Tourism (DEAT). When commenting please state
the specific chapter and section in the discussion document you are referring
to. Comments should reach the Department no later than 25 July 1997.
| Activity | Dates |
| Provincial Workshops on Discussion Document | June and July 1997 |
| Direct comment DEAT (Deadline 25 July 1997) | June and July 1997 |
| Parliamentary Committee discussion of White Paper | September & October 1997 |
| Public comment on White Paper to DEAT | September & October 1997 |
Postal Address:
Dept Environmental Affairs and Tourism
Private Bag X447
Pretoria
0001
Physical address:
315 Pretorius Street
c/o van der Walt Street,
Pretoria
Telephone: 012 310 3646
Fax: 012 322 6287
E-mail: bes_ss@ozone.pwv.gov.za
This Discussion Document introduces the topic of integrated pollution control and waste management and highlights the reasons for and significance of developing a holistic policy in this regard.
The three cornerstones used in the development of the policy are:
A situation analysis of the status quo in terms of current pollution control and waste management in South Africa is presented. Key pollution and waste management issues are discussed. The current legal framework for pollution control and waste management is reviewed. International trends are briefly touched on. Institutional and administrative issues are highlighted, as well as the inadequacies in existing information and the limited access to this information.
A vision has been formulated and principles, goals, objectives and key issues for integrated pollution control and waste management are proposed.
To facilitate discussion on a new policy for integrated pollution control and waste management a number of proposals are presented for discussion.
The proposals include:
To assist the reader a bibliography of references used in the compilation of this discussion document is given, as well as a glossary of terms and the CONNEPP principles as set out in the draft White Paper on Environmental Policy.
Finally, the proposed vision is:
To ensure sustainable
and equitable use of air, water, and soil/land by empowering
all South Africans to participate through a holistic approach
to the creation, maintenance and management of a clean
and healthy environment as envisaged by the Constitution
ACKNOWLEDGEMENTS
The contents of this Discussion Document are the product of a team effort
of the Integrated Pollution Control and Waste Management Project Committee
representing government, non-governmental organisations, community based
organisations, COSATU, SANCO, mining, business and industry, and the Drafting
Team.
PROJECT COMMITTEE
Deputy Minister Peter Mokaba (Chairman) Environmental Affairs and Tourism
Thandi Bosman CBOs
Leon Bredenhann Dept Water Affairs and Forestry
Jenny Hall NGOs
Laura James Labour (Mining)
Tinus Joubert Dept Environmental Affairs and Tourism
Dr John Kilani/Karel van Gessel Mining Industry
Dr Laurraine Lotter Business and Industry
Peter Lukey DANCED (Observer)
Shirley Miller Labour (Industry)
Hilda Mthimunye/Hennie Neethling Local Authorities
Dr Suzan Schlemmer Dept Environmental Affairs and Tourism
Willem Scott Dept Environmental Affairs and Tourism
Albert Wilander Denmark (Observer)
DRAFTING TEAM
Dr Herman Wiechers (Lead Consultant) Stewart Scott/Bohlweki Environmental
Errol Cerff CRM International
Michael Goldblatt University of Witwatersrand
Jan Glazewski University of Cape Town
Sub-Consultants
Newton Adams Catt Associates
Rod Ball Jarrod Ball and Associates
Llewellyn Botha The Environmental Law Consultancy
Dr Mike Cohen CEN Integrated Environmental Management Unit
Thabani Masuku University of Cape Town
Terry Winstanley Private Consultant
Chapter 1 INTRODUCTION TO POLLUTION CONTROL AND WASTE MANAGEMENT IN SOUTH AFRICA
Chapter 2 SITUATION ANALYSIS
Chapter 3 PRINCIPLES,
OBJECTIVES AND KEY ISSUES FOR INTEGRATED POLLUTION CONTROL
AND WASTE MANAGEMENT SYSTEMS
Chapter 4 PROPOSALS FOR INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT
Chapter 5 THE WAY FORWARD
Chapter 6 REFERENCES
Chapter 7 GLOSSARY OF TERMS
Chapter 8 PRINCIPLES FROM THE DRAFT WHITE PAPER ON ENVIRONMENTAL POLICY
1.1 BACKGROUND TO THE INTEGRATED POLLUTION CONTROL
AND WASTE MANAGEMENT PROJECT
Concern with both the detrimental health effects and environmental impacts of sub-optimal management of waste and increasing levels of pollution in South Africa has escalated recently. Although other countries at comparable levels of economic and social development are experiencing similar problems the situation in South Africa, exacerbated by the apartheid legacy, has to be rectified. In particular the inequitable proportion of the pollution burden borne by previously disempowered communities has to be redressed.
The challenge is, therefore, to revise and rearrange the previous haphazard and fragmented laws and uncoordinated institutions to achieve integrated pollution control in South Africa.
Concern about the existing and projected pollution of South African natural resources led the Department of Environment Affairs and Tourism and the Department of Water Affairs and Forestry to initiate a project to:
1.2 APPROACH TO THE PROJECT
A multi-sectoral Project Committee under the chairmanship of Deputy Minister Peter Mokaba was formed to direct the drafting of a Discussion Document by a Drafting Team. The Drafting Team was charged with producing a Discussion Document which would be subjected to public comment and which would use documents already generated by the Integrated Pollution Control and Waste Management Project and discussions with relevant government departments.
The review of the status quo is divided into two sections, namely a legal review which is available as a separate document entitled "Integrated Pollution Control and Waste Management: Legal Review" and this Discussion Document. The results of the legal review will be used to develop more concrete proposals on legislative and administrative reform as part of the White Paper which will be drafted after completion of the public consultation process.
A vision for Integrated Pollution Control and Waste Management was formulated which is underpinned by the relevant principles from the Draft White Paper on Environmental Policy and additional principles specific to pollution control and waste management. The status quo analysis was then used as a basis to formulate proposals for an improved management system which will take all role-players into account.
1.3 THE NEED FOR AN INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT POLICY
1.3.1 Constitutional rights
Section 24 of the Bill of Rights in the Constitution of the Republic of South Africa guarantees environmental rights for the people of South Africa.
Section 24 states that "Everyone has the right -
The constitutional right concerning access to information is also central with respect to integrated pollution control.
Section 32 states that
1.3.2 Shift to sustainable development
Historically, pollution control focused primarily on pollution impact management. In order to achieve sustainable development, this focus should shift to an approach combining waste minimisation, pollution prevention at source and as a last resort, to impact management and remediation.
Pollution prevention aims at reducing risks to human health and the environment by seeking to eliminate the causes of pollution rather than only treating the symptoms. This objective reflects a major shift in emphasis from 'control' to 'prevention'.
Pollution prevention calls for a change, amongst others, in the way:
1.4 CIVIL SOCIETY INVOLVEMENT IN INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT
1.4.1 Introduction
Public participation is stressed in every facet of governance. However, there is a lack of implementation mechanisms to facilitate this participation. This policy proposes measures to ensure public participation in general environmental processes, and in specific areas, such as integrated pollution control and waste management.
The proposals in this policy are intended to address the historical lack of emphasis on public participation, particularly at the level of poorer communities. For many years communities have campaigned, especially at the local level, for the right to be recognised and involved in decision-making processes affecting their daily lives. During the CONNEPP process it was agreed that in the area of environmental management the government needed to be a prime facilitator to ensure public participation from all levels of society. With respect to local communities this participation was seen as a two-way process, with government making information available to communities and communities providing government with information on their local needs and priorities as well as participating in community action to improve the environment.
Civil society needs be given its rightful role in the decision making process on issues relating to integrated pollution control and waste management. Civil society has to take up its responsibilities in addition to vigilantly monitoring government. However, in order to make the former possible, capacity building and training will need to form an integral part of a new approach to integrated pollution control and waste management.
1.4.2 The role of civil society
The "watchdog" and activist roles that civil society have played in the past have been valuable in furthering environmental management and in placing pollution control and waste management high on the public and political agenda. This function of civil society and especially of community based organisations, labour unions, and non-governmental organisations will be promoted within an integrated pollution control policy.
An integrated policy will not only integrate pollution control across media and across government departments, it will also integrate pollution control across the full spectrum of society. Harnessing the energy of civil society in addressing environmental problems will be promoted. In so doing an integrated pollution control policy should encourage voluntary activist actions, such as community environmental policing (for example, stopping illegal dumping); whistle-blowing (for example, reporting environmental transgressions); and informing communities, land-owners and other role-players about environmental problems in their areas. In the process of encouraging such activism the particular constraints of civil society organisations must be recognised and addressed. These constraints include such practical issues as appropriate times and venues for meetings, the provision of information in suitable languages or formats, and other mechanisms to facilitate public participation.
A further role for civil society is to become part of the decision-making process. However, in order to make this role possible, a process of awareness creation coupled with education and training should take place. In addition, civil society should not only look at government to address problems on pollution and waste, but it should it also address this problem itself from grassroots level up.
Specific sections of civil society will have particular roles to play in pollution control and waste management, for example:
1.4.2.1 Labour
Pollution affects workers, communities and the physical environment alike, albeit in different ways and to differing degrees. Workers were fighting workplace pollution long before environmental pollution became the public issue it is today, since workers tend to be at the front-line of pollution problems, and the first exposed to hazardous production processes. For these reasons workers must be integrally involved in the solutions to pollution control problems. In particular, labour must:
Community based organisations which are involved at the grassroots level of communities and have intimate knowledge of the impacts, and often the sources, of pollutants on their communities and surrounding environment. For this reason, they are a part of civil society that must have access to pollution control decision-making and to local environmental information. In this regard they must:
Non-governmental organisations encompass a range of civil society groupings that have a role to play in pollution control. These organisations range from national environmental organisations to locally based groupings, and from organisations covering a wide range of issues to single focus groupings. They thus have particular expertise, and form the major representative of civil society’s views within their particular area of concern. It is for this reason that non-governmental organisations have been so instrumental in driving the growth of environmental awareness and in advancing environmental policy. As is the case with community based organisations, non-governmental organisations must be supported in their roles by:
Generally improved environmental performance beyond the level of minimum compliance with statutory requirements is managed and promoted by business and industry associations. Their role in enhancing environmental performance will be recognised by this policy and their continued activities in this regard will be supported by:
A criticism of the current pollution control and waste management system is that different approaches and levels of management are afforded the different media. In order to address this criticism, it is deemed necessary to identify the media and the components of each medium which will be addressed by this discussion document in order that none is omitted, and that they are all afforded the same degree of attention.
In addition to dealing with the three fundamental receiving media, consideration is also given to the integration of media. Approaches to integration, as in the case for pollution control, may be divided into philosophical, functional and organisational. These approaches need to be dealt with separately in order to provide resolution. They are, however, inter-related and can thus not be developed in isolation.
The integration of environmental concerns into every area of human activity is central to the achievement of sustainable development. Priority areas for environmental governance include:
· the integration of environmental, social and economic considerations in the development and land use planning processes and structures. This requires the assessment of environmental impacts at policy, planning, programme and project levels.
· an integrated approach to environmental management addressing:
1.5.1 Water
Pollution control in this medium will cover:
Issues to be considered in relation to policy implementation include:
Air pollution control will consider pollution at the local, regional and global scales. The policy will include atmospheric odour generation and control and indoor air pollution apart from occupational health exposures.
1.5.2.1 Air quality management
Air pollution sources include:
Only soil pollution/ contamination will be covered under the ambit of this medium. The loss of arable land through compaction and alien invasion will not be addressed. Soil erosion will not be covered per se except under water when it is regarded as a pollutant.
1.5.3.1 Land/soil quality management
In addition to the current emphasis, on the one hand, on the control of herbicides and pesticides, and, on the other hand on, the protection of land for agricultural use, a number of technical issues relating to integration should be considered:
The policy on waste management will cover the following categories:
Although all pollution can be considered waste, the solid waste which eventually ends up in landfills and tailings dams is considered separately.
The most important technical consideration is defining:
2.1 KEY POLLUTION ISSUES IN SOUTH AFRICA
South Africa today is a developing country faced by a by range of pollution and waste problems. The key pollution issues which need to be addressed are outlined for the different media.
2.1.1 Water Quality Problems
Water quality is determined by chemical and microbiological constituents, and the physical attributes (e.g. temperature) of the water. With increased development in South Africa, the country’s water resources are becoming increasingly polluted. The main problem areas, all of which ultimately have economic as well as environmental impacts, are discussed below.
2.1.1.1 Salinisation
Salinity refers to the total dissolved inorganic compounds in the water. The salinity of the fresh waters of South Africa varies substantially depending on background geology and atmospheric deposition. Anthropogenic effects on salinity include: discharge of municipal and industrial effluents; irrigation return water; urban storm water runoff; surface mobilisation of pollutants from mining and industrial operations; and seepage from waste disposal sites, mining and industrial operations. Increasing salinity is a problem in several catchments, but particularly in the Vaal River catchment.
Little information is available on the direct impact of salinity on freshwater ecosystems and biota. Increased salinity affects most of the water users, with the impacts including salinisation of irrigation soils; reduction in crop yields; increased scale formation and corrosion in domestic and industrial water conveyance systems; and increased requirement of pre-treatment of selected industrial water uses (such as boiler feed water).
2.1.1.2 Enrichment by plant nutrients
Aquatic biota and plants require certain nutrients for normal growth and reproduction. The most essential macro nutrients include nitrogen and phosphorus in various forms. The accumulation of nutrient compounds in excess of the natural requirements results in nutrient enrichment (eutrophication) and may impact on the composition and functioning of the natural aquatic biota. The excessive growth of certain selected species (e.g. algae), modifies the physical and chemical properties of water resulting in direct and indirect impacts on users. Eutrophication impacts relate mainly to the attractiveness for recreation and sporting activities; the presence of toxic metabolites; the presence of taste- and odour-causing compounds; and difficulty in treating the water for potable and industrial use.
The aquatic biota may not be sensitive to the plant nutrients as such, but may be affected by the consequences of eutrophication. The natural biotic system may be disturbed by the modification of the water’s physical characteristics (such as lower light penetration) and modification to the natural water chemistry (e.g. lower oxygen stress, elevated pH). Chronic to acute toxicity at elevated concentrations of trace metals in sensitive aquatic biota is also a consequence. Some aquatic organisms may be more sensitive than others to the presence of trace metals.
Anthropogenic sources of trace metals may include industrial discharges (e.g. metal finishing and plating industries), mine drainage and atmospheric deposition (lead from vehicle emissions).
2.1.1.3 Microbiological quality
Microbiological quality, in terms of the presence of disease-causing micro-organisms and parasites, is a matter of concern. Recreational and potable users of water rely on access to safe water. Theirs is a major concern in the national drive to provide reliable and safe sources of water to all.
Human settlements are the major source of deteriorating microbiological water quality. Micro-organisms and parasites may enter the water environment as partially treated sewage effluents, seepage and wash-off from inadequate sanitation and waste disposal.
2.1.1.4 Sediment and silt migration
The settlement and silt load carried by streams and rivers typically reflects the natural geophysical and hydrological characteristics of the upstream catchment. Many South African rivers carry a naturally high suspended solids load, reflected by high turbidity. In the past, this has not been considered a significant water quality problem, although additional silt loads due to excessive soil erosion are becoming an increasing problem.
High suspended solids and salt loads impact on the light penetration of water, change natural productivity and affect the natural balance of predators and prey in biotic communities. They can also smother natural habitats and disturb specific types of organisms. Siltation of streams and rives can change the viability of riverine vegetation. Additionally, high sediment loads are captured in impoundments and the storage capacity of these impoundments is constantly reduced. Release of silt-laden water from an impoundment can also place a high stress on downstream biotic communities due to abrasion and low dissolved oxygen conditions.
Apart from the natural sources, there are many anthropogenic sources of sediment and silt. These include: construction activities; poor agriculture and silviculture practices (such as non-contour ploughing); over-grazing; destruction of the riparian vegetation; and the physical disturbance of land by mining, industry and urban development.
2.1.1.5 Harmful inorganic and organic compounds
Natural waters typically contain very low concentrations of trace metals. Elevated concentrations of some trace metals, such as aluminium and iron may arise where mining activities, accidental spillage or contamination lead to the presence of radio nuclides in the water resources. Radiation is regarded as harmful in water, even in small quantities, especially for human consumption and livestock watering.
A large number of synthetic organic compounds are manufactured, some of which are toxic in various forms. The toxicity effects on the aquatic biota can range from chronic to acute and many of these compounds can be classified as carcinogenic, terranogenic and mutagenic. Persistent organic compounds, which may not be biodegradable or are slowly biodegradable, can accumulate in organisms and move up the food chain. Concern is not only for the potable use of water (these compounds typically are not amenable to removal by conventional water treatment technology), but for the aquatic biota and the organisms indirectly dependent on aquatic life, such as water fowl. Toxic organic compounds enter the water environment through agricultural, horticultural and silvicultural application of biocides and from atmospheric depositions.
2.1.1.6 Oxygen-consuming compounds
Compounds which consume oxygen in natural water bodies include organic compounds, reduced nitrogen forms (ammonia) and reduced sulphur forms (sulphide). These compounds are mainly associated with discharges of partially-treated domestic sewage and industrial effluents as well as urban runoff. The accumulation of degradable organic compounds (such as decaying plant matter) in impoundments can also depress the oxygen content. Low dissolved oxygen levels impact on natural aquatic biota, may liberate offensive taste- and odour generating compounds, requiring pre-treatment for water purification and in general reducing the aesthetic quality of water resources.
2.1.1.7 Thermal pollution
The introduction of warm effluents (including industrial effluent discharges, cooling water blow-down from power stations and mine water discharges) to a natural water body results in thermal pollution. Thermal pollution changes the natural ambient water temperature to above natural levels. The elevated water temperatures affect oxygen solubility and may also increase the biotic toxicity of certain chemicals, both of which increase stress on the environment. Natural aquatic biota may also be sensitive to the influence of temperature on cycles of hibernation and breeding. Unnatural temperature profiles/cycles may therefore disturb and even threaten the survival of aquatic biota.
2.1.1.8 Acidity
The pH of natural waters is determined largely by geological and atmospheric influences. Most fresh waters are relatively well buffered against a change in pH and are more or less neutral with pH ranges around 7-8. pH determines the form and mobility of many chemical compounds and thus, the potential toxicity of water resources (e.g. aluminium is mobilised by acidification). Human-induced acidification in fresh waters is normally the result of industrial effluents, mine drainage and acid precipitation. The metals that are most likely to have negative impacts on users as a result of lowered pH are iron, aluminium, cadmium, cobalt, copper, mercury, manganese, nickel, lead and zinc. Studies on the changes in the acidity of rivers have indicated that fluctuations in pH have a severe effect on freshwater biota. Fluctuations in pH also affect domestic users, industry, mining and agriculture.
2.1.1.9 Other forms of water pollution
Point and non-point pollution as a result of a variety of land use and other activities include - infrastructure development, industrial/mining/manufacturing, human settlements, agriculture, recreation and tourism.
2.1.1.10 Marine pollution
Off-shore exploitation of marine resources, particularly oil and gas exploration and exploitation of diamonds both in the coastal and deep sea regions, result in marine pollution. Off-shore, the air-lifting operations result in underwater sediment plumes which allegedly have a detrimental affect on marine organisms. In the near shore area there is increasing concern due to the extensive relocation of dunes sands. These possibly negative effects are being investigated but have not been categorically proven to date.
Oil and gas installations and operations require particular caution, due to the devastating environmental damage which could result should an oil spill occur - as graphically illustrated in the past. Oil tankers continue to navigate around our coastline with fairly frequent oil spills, requiring the contingency plan developed by the Sea Fisheries Research Institute to be invoked. Oil transfers (bunker oil) in harbours periodically result in spills. South Africa is required under marine pollution conventions to which it is a party (see legal section) to provide reception facilities for used oil as well as for garbage from vessels. The question arises currently who and how is the government going to pay for these expensive reception facilities.
Non-point source pollution through the seepage of sewage into coastal waters, partly as a result of increasing urbanisation in many coastal cities, is an increasing source of concern. Point source pollution is also an increasing concern as exemplified by the SAICCOR industrial effluent discharge pipeline off the KwaZulu Natal coast.
2.1.2 Air
2.1.2.1 Air pollutants
The South African environment suffers from air pollution of the following compounds: sulphur dioxide, nitrogen oxides, volatile hydrocarbons, carbon monoxide, carbon dioxide and chlorinated fluoro-hydrocarbons, as well as particulates.
2.1.2.2 The worst areas for air pollution
The highest levels of air pollution at ground level are found in townships without electricity. The use of coal stoves for cooking and heating in these areas causes air pollution well above safety levels. The Highveld areas of Mpumalanga Province are most affected by the electricity industry with about 64% of Eskom’s total generating capacity concentrated in this area. Eskom has committed itself to electrifying the townships as part of the RDP. This electrification will help to improve air quality in these areas but will require increased generating capacity, increasing the pressure on human health and the environment.
2.1.2.3 Air pollution hot spots
Merebank is a residential area located 16 km south of Durban. This suburb is bounded by the airport and a complex range of chemical process industries in close proximity to the community of about 4000 persons. The main pollutants are particulates, sulphur dioxide, chromium vapours and toxic chromium, toxic waste dumps, heavy traffic flow, obnoxious odours and noise.
Cape Town experiences seasonal episodes of brown haze during the autumn and winter months from April to August. There are concerns that the brown haze may be intensifying. The primary emissions in the greater Cape Town area range from nitrous oxides, sulphur dioxides, hydrocarbon particulates and the pollution sources are primarily from petrol, diesel, coal and oil combustion.
The Vaal triangle, known as the industrial heart of South Africa, is one of the most diverse for industrial processes in the land. This region is notorious for its atmospheric stability during winter resulting in poor dispersion and dilution of air pollution. Apart from major industrial activities ranging from chemical, petrochemical, power generation (coal-fired power stations) and metallurgical processes, there are approximately 700 000 people using coal as a primary domestic energy source. Soweto, the largest black township in South Africa, is subjected to a severe pollution crisis as a result of domestic coal burning
2.1.2.4 Industrial and domestic fuel combustion
Larger local authorities have made significant progress in the city centres and the more affluent residential areas as demonstrated by the smoke and sulphur dioxide monitoring program in operation since 1958. The increasing number of sources of pollution and rapid urbanisation is however making further progress very difficult. New difficulties like informal settlements and trader fires are developing, while mutual encroachment by industry on residential areas remain general problems. The most pressing problem in air pollution in South Africa at present is the products of combustion in less affluent residential areas, where past attempts at realising a solution have failed. The main reasons for the failure are: the origin, location and structure of the townships; inadequate planning for energy and transport requirements; socio-economic factors; coal as primary energy source; and a lack of education regarding the dangers of air pollution.
2.1.2.5 Dust control
The control of dust from industries has to date been applied on an ad hoc nuisance basis only. Certain local authorities have addressed dust problems through local by-laws and regulations. Particularly problematic are some of the old mine dumps. This problem is being addressed, for example by the mine dumps program on the Reef, implemented by the GME in consultation with CAPCO. This program has now been augmented by the Environmental Management Program requirements, covering a much wider field.
2.1.2.6 Vehicle emissions
Diesel vehicle emissions have been controlled by local authorities with varying degrees of success, but certain technical difficulties in testing remain. Petrol vehicle emissions have not been controlled to date, but the extent and nature of emissions have been monitored regularly. The introduction of lead-free fuel in 1996 enables consideration of further control strategies.
2.1.2.7 Air pollution control
The following are the main weaknesses perceived in current air pollution control:
2.1.3 Land/soil
Valuable soil resources are being used as a medium for disposing of increasing amounts of solid waste and effluent, which often contain heavy metals and other elements likely to permanently degrade the soil. Waste from local authorities, industries and informal settlements is the major source of such pollutants. Agriculture is both a producer and consumer of pollution. It contributes about 20 million ton per annum to the total stream of solid waste of 320 million ton per annum. Rough estimates suggest that over 31 000 hectare of soil are severely degraded in this way.
2.1.4 Waste
Waste management practice in South Africa is locked into a pattern which was successful in the past in keeping the cost of waste management far below that in developed countries. Although there are indications that these practices will need to evolve to meet growing present and future needs, almost nothing is currently being done to make this evolution possible. Key issues include the following:
2.1.4.1 Sources of pollution.
These could be point sources or diffuse sources and could include:
These include, inter alia, heavy metals, putrescible organic wastes, petroleum products, cyanide, organic solvents, pesticides, landfill leachate and inorganic salts.
2.1.4.3 Affected sectors
All sectors are affected. Poorer communities are, however, more affected because of the apartheid legacy, particularly because of the abuse of municipal landfills by industry and the collapse of services during unrest. The poor also frequently tend to gravitate to waste disposal facilities because they represent a resource base.
2.1.4.4 Waste generation and disposal
The total South African waste stream was estimated in 1991 to be 460 million ton per annum, of which about 374 million ton per annum is generated by the mining industry and is mainly landfilled.
Of the rest, about 22 million tons per annum is industrial waste, the non-hazardous portion being disposed together with urban (i.e. domestic and trade) waste and the hazardous portion being co-disposed with domestic waste in specially designed landfills.
The average generation of domestic and trade waste in South Africa is about 15 million tons per annum or 0,4 kg per capita per day, which is a quarter to a half that in developed countries. About 95% is landfilled and 2,54% is recycled, the rest being littered or illegally dumped.
Other wastes including sewage sludge and waste from agriculture and forestry make up the remaining 49 million tons.
The major concern is that waste generation rates could rise with economic growth and rising standards of living, and quickly exceed the capacity of existing and planned waste facilities.
The focus of present waste management regulation is on landfill disposal. There is no regulation contained within a single Act that deals with other aspects of waste management such as generation, treatment and transportation of waste, principally because policy regarding these aspects does not yet exist.
2.1.4.5 Progression
The majority of the waste in South Africa, as elsewhere in the world, is disposed of on land. Although waste minimisation is a goal of this policy document, landfills are likely to remain the major means of disposal for the foreseeable future. Landfills in South Africa have historically been badly sited, designed or operated, which has led to adverse impacts on the environment, quality of life and even public health. They therefore represent the logical focus of efforts to control pollution and upgrade the environment.
Prior to 1980 there were some 36 Acts affecting waste disposal, but none, with the possible exception of the Water Act, were able to effectively protect the environment. The Environmental Conservation Act of 1980, however, made provision for registering and permitting of landfill sites, thus ensuring maintenance of standards, although it was only in 1989, with the revision of the Environmental Conservation Act that permitting was actually implemented. In order to implement and enforce the permitting of landfills, however, it was found that consistent standards were required. A series of Minimum Requirements, incorporated in three volumes was consequently commissioned in 1991 and published for comment in 1994 by the Department of Water Affairs and Forestry. The recent publication of an SABS Code of Practice for Mine Residue Deposits has the same objectives as the Minimum Requirements and is expected to have a similar positive impact.
With the evolution of a democratic South African political environment, an increase in environmental awareness, public scoping and participation became important issues in waste management.
On account of the above factors and others, such as the Occupational Health and Safety Act, the standard of landfilling in South Africa has improved significantly in certain areas, specifically in the areas of new landfills and the closure of existing landfills. In other areas, however, (e.g. in existing operating dumps) little real improvement is evident. Waste disposal is consequently in a state of transition, with the legislation in place to improve the situation, but with certain factors and issues requiring consideration in order to progress.
Against the background of progressive development, certain issues emerge that need to be addressed. These are identified and discussed as follows:
2.1.4.6 Thermal Treatment Technology
Incineration of infectious waste has been the main treatment technology in South Africa for many years. It is estimated there are 900 incinerators, most of them small (±50kg/hr), but there are some larger (±250kg/hr) commercial units in operation. Recently, in 1995, medical waste incineration was designated as a scheduled process under the Atmospheric Pollution Control Act. This designation has led to the upgrading of a few incinerators, but currently most still do not conform to the Act, operate at low temperatures (600° C) and are poorly operated.
Incineration and other thermal technologies, such as plasma arc and molten metal technology are well proven technologies for the treatment of chemical and infectious waste, e.g. in Europe and North America. Controlled and well managed incineration with appropriate environmental controls could play an important role in South Africa in the future and many Extreme and High Hazard Wastes could be excluded from landfilling.
2.1.4.7 Lack of waste minimisation and avoidance initiative
Of concern is the current lack of regulatory initiatives to drive waste minimisation, which offers enormous potential for reducing the hazardous waste problem.
Waste minimisation initiatives, in addition to reducing the potential for pollution from the waste, will reduce the volume of waste which must be landfilled, and in so doing conserve valuable resources and airspace.
2.1.4.8 Opposition to landfilling
There is a low level of public trust in waste management decisions taken by industry, waste companies and the regulatory authorities. Most waste sites are perceived to have been badly located, inadequately designed and poorly operated and controlled. Until public opposition recently started to pose a real threat to waste operations, there was effectively no public consultation.
The legacy from the above mentioned aspects will remain for a long time. Unnecessary waste generation and dangerous practices will continue until some kind of agreement can be reached on satisfactory measures to address the underlying issues.
2.1.4.9 Inadequate waste management technology and practice
Waste management practice in South Africa is locked into a pattern which was successful in the past in keeping the cost of waste management far below that in developed countries. Although there are indications that these practices will need to evolve to meet growing present and future needs, almost nothing is currently being done to make this evolution possible. The following are a few examples of what could be done:
There is a lack of structure within which long term planning can be done to predict and change waste generation patterns, to encourage useful waste recovery, to foresee needs, to reserve sites for waste processing and disposal, and to establish links with physical land use decision making. Without such planning, the current debate as to whether or not the present situation represents a "crisis" will need to be repeated on an annual basis.
Co-operation between the three spheres of government in national planning needs improvement and planning structures must be put in place to facilitate the required co-ordination.
2.1.4.11 Uncontrolled diffuse waste sources
While there is partial regulation at present of the public sector, the waste industry and the major generators, diffuse waste sources are still effectively unregulated.
2.1.4.12 Poor standards of servicing and facilities
The poor standard of waste collection and disposal services has lead to a high level of public disenchantment with the performance of local authorities and waste contractors as well as to a culture of non payment. The circumstances leading to the development of this culture are understandable, but local authorities are left in an untenable situation where they must provide services but have no means of recovering costs.
As a first step to improving environmental quality, methods to continuously reduce waste need to be found. These methods require a regulatory environment that encourages waste reduction, provides incentives to develop cleaner technologies and drives implementation of cleaner production techniques when they become available.
2.1.5 General
In addition to the specific situation sketched for water, air, land and waste, current pollution control and waste management is characterised by the general constraints set out below.
2.1.5.1 Inconsistent approach to pollution control
Different regulatory authorities address pollution control using different philosophical and management approaches. As a result they have been accused of taking an inconsistent approach to pollution control. It is contended that controls tend to be exerted more on operators who comply voluntarily or because they have to, than on operators who do not comply. It is suggested that a more consistent approach be followed to achieving pollution control in future policy.
2.1.5.2 Lack of appropriate ambient standards
Although both the Department of Water Affairs and Forestry’s "Minimum Requirements for Waste Management" and the SABS’s "Code of Practice for Mine Residue Deposits", address the current lack of appropriate standards for waste disposal, these now have to be adequately enforced. Only limited specific measures exist, e.g. in the case of hazardous waste generation, collection and transportation, legislation is currently being drafted by the Department of Transport. As far as quality is concerned, appropriate ambient standards need to be formulated.
2.1.5.3 Lack of the use of Risk Base Approach
The Minimum Requirements for Waste Management provide for consistent standards to be applied as a rule. In the case of exceptions, however, there is provision for defensible deviation, based on documented research of site specific factors and a consequent motivation. This basically amounts to a risk assessment, which is an internationally accepted procedure. (e.g. A Risk Based Corrective Action (RBCA) approach by the American Society for Testing of Materials (ASTM)). In South Africa, however, this process requires refinement and formalisation. Out of this process should come a clear requirement of environmental quality objectives and an appreciation of risks involved by all concerned. This approach needs to be extended to other areas.
2.1.5.4 Inadequate current re-cycling levels and clean production technology initiatives.
Clean technology and recycling represent the first two steps in integrated waste management. It is true, however, that inadequate attention has hitherto been paid to these steps in South Africa. The improvement of standards in waste disposal has, however, resulted in a substantial increase in disposal costs in some cases. This has, in turn, resulted in waste generators looking for alternatives to costly waste disposal, which include waste minimisation and resource recovery. The trends described are happening at present, however it is believed that, with the right policy directives, they can be enhanced.
2.1.5.5 Inadequate enforcement
It is believed that the single most important factor resulting in lack of progress in waste management and pollution control is inadequate enforcement. The spheres of government responsible simply do not have the capacity to enforce the policy and legislation already available to them. Until such time that the Departments can be empowered, significant progress cannot be expected.
2.1.5.6 Fragmentation of administrative and legislative systems
As evidenced from the Legal Review, South Africa’s legislation pertaining to waste management and pollution control covers a wide range. This fragmentation must be seen both horizontally, that is, across about ten national (and nine provincial) government departments and countless local authorities ranging from the Department of Agriculture to the Department of Transport (Marine Division). In the vertical context, these laws must be seen in the context of the various rights and responsibilities regulating the relationship between national, provincial and local government authorities.
The problem of administration of these laws is compounded by the new Constitution which sets out the functional areas of concurrent and exclusive national and provincial legislative competence. It appears that these schedules were not compiled with the co-ordination or systematic organisation of environmental management in mind. The designation of "environment" as being a concurrent national and provincial legislative competence is problematic, even though there is an override provision giving national government the power to impose national standards and controls when necessary.
2.1.5.7 Lack of capacity
Many of the government departments tasked with implementing integrated pollution control and waste management suffer from a personnel shortage.
Effective enforcement of legislation requires a multi-skilled approach, which includes:
2.1.5.8 Re-arrangement of national and provincial government relationships
Prior to the inception of the new government structure there was often confusion about the responsibilities of the different levels of government and even, in certain cases, between departments of government on the same level. This situation has been exacerbated since the inception of the new structure. Any recommended alternative will need to clarify roles and responsibilities particularly between the provincial and local spheres of government.
2.1.5.9 Lack of cross-media integration
The institutional fragmentation has created a situation where pollution is not managed in a manner that takes into account possible movements of pollutants between media.
2.2 LEGAL FRAMEWORK FOR POLLUTION CONTROL
2.2.1 Introduction
A legislative audit and review of international and national legislation concerning integrated pollution control and waste management was undertaken as part of this project. The objectives of this legal review were to:
2.2.2 Current legislation
International law: South Africa is party to a number of international treaties and conventions, some of which impact on pollution of the air, land and marine environment. The obligations imposed under these and their implications for integrated pollution control are assessed in the Legal Review.
The Constitution: The Constitution is relevant to pollution control and waste management for two broad reasons. Firstly, the Bill of Rights contains a number of rights relevant to the subject. Relevant constitutional rights include, for example, the right to an environment not detrimental to human health or well-being; the right that pollution acid ecological degradation is prevented; access to information; and, just administrative action. Secondly, the Constitution provides the legal basis for dividing national and provincial powers and is thus relevant to the institutional regulation of pollution control and waste management. The Constitution creates concurrent national, provincial acid, in some instances, local government legislative competence. It makes provision for the administration of different pollution control laws at various different levels of government.
Legislative competence: The National Government is empowered to pass legislation on any matter listed in Schedule Four of the Constitution, a competence which is held concurrently with provincial parliaments. The most important functional areas are environment, nature conservation, pollution control and soil conservation. Provincial authorities are empowered to pass legislation on functional areas listed in Schedule 4 and 5, which includes provincial planning. In the event of a conflict of national and provincial legislation, national legislation applies uniformly in the country as a whole, as well as dealing with a matter which cannot be effectively regulated by provincial legislation. For example, the establishment of norms and standards for the protection of the environment requires a national uniform report. Local governments are empowered to legislate on matters listed in Part B of Schedules 4 and 5. Functional areas include air pollution, stormwater management, water and sanitation services, domestic wastewater and sewage disposal systems, refuse removal, refuse dumps, solid waste disposal, and noise pollution control as a public nuisance. By-laws which conflict with national or provincial legislation are invalid unless the conflicting legislation compromises a municipality's right or ability to exercise its powers or perform its functions.
Institutional aspects: Aside from the legislative problems, the aforementioned constitutional arrangements have important institutional difficulties. For example, a waste disposal site which has been approved in terms of provincial planning legislation and which is creating a public nuisance and contaminating ground water may be contravening laws promulgated by each of the three levels of government. The national government may have promulgated water quality standards, the provincial government is responsible for enforcing the conditions for approval granted under provincial planning legislation and the local government is obliged to make and enforce legislation to control a public nuisance. From civil society's perspective it is difficult to know whom it must complain to in order to remedy the problem and there are clearly problems of overlapping jurisdiction.
Domestic Statutory Laws: An extensive analysis of the national, provincial and, in some instances, local legislation which governs pollution control and waste management has been carried out. The method adopted was to critically consider these laws in the categories of water (fresh and marine), air, solid waste and hazardous waste under the following headings: existing legal situation, institutional arrangements, and administration. The more important findings are summarised below.
2.2.2.1 Water Pollution: Fresh water
Existing legal situation: The control of fresh water pollution is governed by some thirty-one pieces of national legislation, at least three provincial ordinances and by countless by-laws. The most important national legislation is the Water Act of which Sections 21 and 22 are particularly relevant to pollution control. Section 21 requires that water used for industrial purposes be purified in accordance with gazetted standards and returned to the point from which it was abstracted. However, it is competent for the user to be exempted from these provisions, subject to the conditions that the minister may impose. Section 22 empowers the Minister to direct that a person who has control over land take steps to prevent water pollution.
Institutional arrangements: With regard to national ministries responsible, only the Department of Water Affairs and Forestry has any significant control over fresh water pollution activities.
Administration: Most of the legislation dealing with the control of fresh water pollution deals with water used in a particular area, and generally speaking does not require the issuing of permits. The main exception is the Water Act which specifies the issuing of a permit for the use of a quantity of water exceeding 150 cubic metres for industrial purposes. A second category of exemptions is the bylaws of some local authorities which will not accept trade effluent in the absence of a duly authorised permit.
2.2.2.2 Marine Pollution: Marine and coastal waters
Existing legislation: The categorisation of marine pollution laws is largely determined by a system of international marine pollution conventions to which South Africa is party. The general classification is as follows: the type of pollutant, with a strong emphasis on oil; the setting of internationally formulated standards; certain marine polluting activities or threats; the consequences of marine pollution, for example clean-up costs and general liability; and, the source of pollution.
Institutional arrangements: The administration of marine pollution laws is by and large the responsibility of three national departments: The Department of Transport is responsible for the implementation of standards; the Department of Environmental Affairs and Tourism is responsible for marine pollution; and the Department of Water Affairs and Forestry is responsible for water quality generally and thus for pollution of the marine environment by pollution from land-based sources. Coastal local authorities also play an important role in the administration and monitoring of marine pollution.
Administration: The administration of marine pollution from land-based sources is fundamentally the same as for fresh water, and is administered by the Department of Water Affairs and Forestry. The administration of foreign and South African vessel standards is the responsibility of the Harbour Authorities under the Department of Transport.
2.2.2.3 Gas, smoke and dust
Existing legislation: Atmospheric pollution by gas, smoke and dust is governed by the Atmospheric Pollution Prevention Act 45 of 1965. In respect of noxious gasses it operates by scheduling 69 processes in respect of which a registration certificate for the premises upon which the activity is carried out is required. Dust, smoke and vehicle emissions are also dealt with by the Atmospheric Pollution Prevention Act but, generally speaking, these aspects of the Act are administered at local authority level. Aside from the Atmospheric Pollution Prevention Act, there are several Provincial Ordinances, in particular local government ordinances, which prohibit the generation of atmospheric pollution in the form of burning, offensive or unpleasant smells, and empower a municipality to promulgate by-laws concerning atmospheric pollution prevention.
Institutional arrangements: The diversity of institutions in the control of atmospheric pollution prevention is principally horizontal, namely it is sub-divided between the national government (in the form of the Ministry of Environment Affairs and Tourism) and provincial government. It is competent for the Chief Air Pollution Officer (Chief Officer) to delegate some or all of his powers to a specified person in a local authority. The Act also provides for the administration of smoke, dust and noise regulations by local authorities where areas have been declared smoke or dust control areas or where the noise regulations have specifically been made applicable in those areas.
Administration: In respect of noxious gasses which are listed in schedule 2 of the Atmospheric Pollution Prevention Act, administration takes place by way of the issuing of a registration certificate in terms of Section 9 and 10 of the Act. Dust is controlled by empowering the Chief Officer to prescribe steps which must be taken to reduce dust generated by industrial processes if such dust is causing a nuisance to persons in a vicinity of which exceeds 20 000 cubic metres in volume. In special circumstances these steps may be taken and paid for by the State. The Minister is also empowered to make regulations concerning dust and these regulations may be delegated for administration to any person so authorised by the Minister.
2.2.2.4 Noise
Existing legislation: Air pollution in the form of noise is controlled by regulations regarding noise, vibration and shock, promulgated under Section 25 of the Environment Conservation Act. However, noise is also controlled by the Aviation Act 74 of 1962 (Section 22(1)), Section 341 read with Schedule 3 paragraph e of the Criminal Procedure Act 51 of 1977, the Road Traffic Act 29 of 1989 in terms of which no person is allowed to operate a vehicle causing excessive noise or noise on a public road (Section 103). Provincial legislation, mostly in the form of local government ordinances, which empower the promulgation of by-laws controlling noise also govern this source of pollution. Similarly, the Hospital Ordinance 14 of 1958 (Gauteng) prohibits riotous, violent or unseemly behaviour. (Section 3(D)) of the Schedule to the Act, the Natal Nature Conservation Ordinance 12 of 1983 prohibits the use of various kinds of noise (Section 44(2)(j & k)). Local authorities have promulgated by-laws controlling noise either in terms of the local government ordinance controlling their province or in terms of the Environment Conservation Act.
Institutional arrangements: Noise pollution control is generally controlled by local authorities. However, it may also be regulated by the Department of Transport.
Administration: There are no provisions in the Environment Conservation Act for exemption permits in respect of noise generation.
2.2.2.5 Solid Waste
Existing legislation: Solid waste is principally governed by the Environment Conservation Act 73 of 1989, and in particular Section 20 of that Act. However, solid waste is also dealt with in a wide range of other legislation, including the advertising on Roads and Ribbon Development Act 21 of 1940 (which prohibits the deposition of waste near specified roads). In the National Building Regulations and Building Standards Act 103 of 1977 which empowers a local authority to prohibit the erection of a building which is to be built on land covered with refuse, the first Act 122 of 1984 which prohibits the dumping or scattering of litter in a forest, the Rural Areas Act (House of Representatives) 9 of 87 which allows the Minister (of Housing) to plan for a town commonage for the dumping of rubbish soil and the like, The Minerals Act 50 of 1991 which governs solid waste generated by the Mining Sector, the Local Government Transitions Act 209 of 1993 which prescribes the powers and duties of Metropolitan Councils in relation, among other things, to waste disposal facilities. There are also various pieces of Provincial legislation dealing with waste.
Institutional arrangements: Although the Environment Conservation Act is administered by the Department of Environment Affairs and Tourism, application for the establishment of a waste disposal site have to be made to the Minister of Water Affairs.
Administration: Solid waste management is administered both in terms of the Environment Conservation Act (and the various other pieces of legislation referred to above) and in terms of directives and regulations issued by the Department of Water Affairs and Forestry, not all of which have the force of law. A permit is issued in terms of Section 20 and, in administering the Act, the Minister of Water Affairs is obliged to maintain a register in which details of all waste disposal sites for which permits have been issued are recorded. However, many of the waste disposal sites which operate in South Africa are not duly permitted.
2.2.2.6 Hazardous waste (and hazardous substances)
Existing Legislation: The most relevant statutes are: the Hazardous Substances Act (15 of 1973), the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act (36 of 1947) and the Environment Conservation Act (73 of 1989) (the "ECA") Part 4 (ss, 19-20) which is headed "Control of Environmental Pollution". Current legislation regarding hazardous waste is fragmented, and lacks clear identification of responsibilities. In addition there is an obligation under the Basel Convention to establish a central focal point and notifying authority.
Institutional arrangements: As the existing hazardous waste laws are fragmented, so too are the institutions which administer them although the Department of Environment Affairs and Tourism has in practise taken upon itself to administer certain aspects of waste management. The Department of Water Affairs and Forestry plays a key role as regards waste disposal sites.
Administration: The Department of Water Affairs and Forestry administers a key section of the Environmental Conservation Act dealing with waste management (Section 20). It imposes permit requirements for the operation of waste disposal sites. Local authorities are included under the purview of this provision and are required to comply with it like any private operator. This section is complimented by regulations for waste disposal (GN R1196 GG15832 dated 8/7/1994). In practise the "Minimum Guidelines" are also used, although these are not referred to in the legislation.
2.3 INTERNATIONAL TRENDS
A review of international trends in integrated pollution control and waste management was undertaken by L & W Environmental for the Department of Environmental Affairs and Tourism during the period 1994 and 1996. The authors of the review concluded that most of the countries studied have systems that fall into one of the two following categories.
The classical approach: a well organised and functioning system based on traditional media and / or sectoral approaches, based largely on direct government intervention and control
Such systems are characterised by complex, often fragmented, institutional, legal and administrative structures and unclear jurisdictions which overlap between different institutions. A major role of the government is in implementation of the environmental and pollution control policy characterised by significant government investment in research and technological development, and almost complete government responsibility for remediation and monitoring. Integration is typically limited and signs of the problems resulting from the lack of integration are beginning to appear in all of these countries (e.g. change in the objectives and mission emphasis of the USA EPA etc.).
Transitory systems: countries characterised by a major transition towards integrated environmental policy and new approaches to administrative, organisational and legislative systems, mostly in line with the identified need for integration at all levels and in all aspects of environmental protection
Administrative, organisational and legal systems in these countries are characterised by continuous change and restructuring in a search for optimal solutions. It is interesting to note that many institutions in these countries have relatively short life spans until an agency-type institution given a mandate to manage the environment in an integrated manner evolves (e.g. NRA in UKA etc.).
Of special interest is the characteristic of systems in these countries which emphasises public involvement and participation, as well as framework type environmental legislation in the form of general all-encompassing environmental acts. Implementation of policy and regulation typically take place at the lower levels of government while research, development and information management are kept at a national level through specialised administrative and institutional structures.
Integrated environmental management is typically the driving force behind systems in these countries and government intervention appears to be less direct.
Some countries , however, have systems that cannot be easily classified in one of these two systems, e.g. because their systems seem to be characterised by administrative, organisational and legal approaches which are highly fragmented, and often not fully functional.
Administrative, organisational and legal systems in these countries are characterised by periodic change associated with political changes in the country. They are often uncoordinated efforts and activities of different government departments. Also, other elements occur, e.g. in the form of countries that place much emphasis on the planning process in all sectors of environmental management and protection. This approach is of special interest for South Africa in that the unique opportunity created by the new situation in South Africa can result in the country developing advanced administrative, organisational and legal approaches to environmental protection and pollution control.
2.4 INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT INFORMATION
2.4.1 Inadequate integrated pollution control information
A basic problem with the current pollution control system is its inability to collect, manage and release data on pollution effectively. The problems with the information capacity of the current system can be divided into three areas:
There is little knowledge of types, quantities, or location of a wide range of polluting substances released into the environment. This lack of knowledge applies to the generators of the waste as much as it does to the regulators. A 1992 Department of Environmental Affairs and Tourism study found that in the private sector very few industries have waste management strategies or plan their waste management before starting up. From the side of waste facility operators and the public sector, no annual statistics or databases are available. Only a few operators of waste facilities and transporters of waste have detailed knowledge of the waste they handle.
As early as 1992 the Department of Environmental Affairs and Tourism report noted that,
Due to the method of collection this pollutant release information is neither complete nor in a very useful format. The air pollution data is only for so-called "scheduled processes" under the Atmospheric Pollution Prevention Act 45 of 1965 and thus covers only permitted establishments and those substances permitted. At present there are about 2 000 permits in operation covering about 1 200 industrial sites. Similarly only effluent from releasers subject to a permit, and only those substances or parameters listed in that permit, are recorded by the Department of Water Affairs and Forestry. Furthermore the format of this data is inconsistent and is not suitable for year to year monitoring of nation-wide pollution releases nor for analysing pollution data geographically.
2.4.3 Inadequate ambient quality information
There is generally inadequate collection and collation of ambient environmental quality information. This inadequacy is a problem across the environmental media. In some instances, such as surface water, monitoring is better than the average, but in others, such as air quality and groundwater, ambient monitoring is highly inadequate.
For example, in a recent study of air pollution stations monitoring vehicular air pollution around South Africa’s six major metropolitan areas, it was found that the air quality data was inadequate to use for a motor vehicle pollution control policy. There are too few monitoring stations, the pollutants monitored are not consistent nor necessarily the priority pollutants, and of the stations assessed only four in the whole country could be said to have valid data.
Similarly, a limited amount of information on groundwater pollution is collected by the Department of Water Affairs and Forestry from licensed landfills. The state of this water quality monitoring, a minimum requirement for the effective environmental management of such sites, is an example of the highly unsatisfactory state of environmental pollution monitoring. Figures from a Department of Water Affairs and Forestry Report on such monitoring is shown in Table 1 below to indicate the poor performance of this aspect of integrated pollution control.
Table 1: Statistics on sites adequately equipped with water quality
monitoring facilities
| Environment | Sites equipped | Routinely Monitored |
| Mines - reactive env. |
|
|
| Mines - inert env. |
|
|
| Coal fired power stations |
|
|
| General waste |
|
|
| Sewage - maturation ponds |
|
|
| Hazardous waste |
|
|
| Radioactive waste |
|
|
| Waste irrigation |
|
|
| Agricultural -feed lots |
|
|
| Agricultural - diffuse |
|
|
| On-site sanitation |
|
|
| Urban development |
|
|
Information which is held by government authorities is not readily available to the public. Under the Atmospheric Pollution Prevention Act there is a blanket secrecy provision (Section 41) which provides that no information can be disclosed without the consent of the person carrying on the undertaking or for the purposes of legal proceedings arising out of the Act. The Water Act 54 of 1956 has no direct statements of confidentiality, but it is the general practice of the Department of Water Affairs and Forestry not to release permit details without the consent of the pollution discharger. There are currently no general rights of public access to information on pollutant releases.
A culture of secrecy has developed amongst South African industries with many loathe to divulge environmental information - especially that which may reflect badly upon the company. This is partly due to the legal protection they enjoy, partly due to mind sets developed during the apartheid era, and partly due to inexperience with public interaction.
There are also no active government programmes of information dissemination providing information to stakeholders or the public on pollution releases and levels. There are no requirements for national, provincial or local government to inform citizens of pollutant levels or of the major sources of hazardous pollutants in their area.
This difficulty in accessing information seriously inhibits civil society and private sector action to improve environmental quality. Furthermore, it makes it difficult for interested organisations or individuals to pressurise polluters to reduce their emissions, and also makes it difficult for the public to assess and evaluate the impacts that pollution may have on them or their environment, while it allows polluters the protection of a veil of secrecy.
3.2 PRINCIPLES
Principles are the fundamental premises used to apply, develop and test policy and subsequent actions, including decision making, legislation and regulation. This policy is underpinned by the principles set out in the White Paper on the Environment which are reproduced in Chapter 8.
The approach to integrated pollution control and waste management is essentially a management system based one and as such will be underpinned by a set of subordinate principles in addition to the overarching principles set out in the White Paper on the Environment. The following management principles will be considered.
· Accessibility
The system must be accessible to all sectors of civil society
· Credibility
Civil society must have confidence in the system and believe that its
implementation will achieve the goals of integrated pollution control and
waste management.
· Clarity
Legislation must be drafted in an unambiguous manner understandable
to all sectors of civil society.
· Consistency
All elements of the system must be interconnected and interrelated
to ensure that there is no contradiction between different elements.
· Effectiveness
All elements of the system must work together to ensure that the results
produced enhance the quality of the environment.
· Efficiency
All elements of the system must work together to ensure that resources
are used optimally.
· Robustness
The system must promote the achievement of objectives through the application
of sustainable technologies.
· Timeousness
Decision making procedures must take place within reasonable time frames
so as not to delay development.
· Transparency
All reasons for decisions must be recorded and available for public
scrutiny.
3.3 INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT GOALS AND OBJECTIVES
In order to give practical effect to the principles outlined in the previous section, three strategic goals have been identified for the achievement of an integrated approach to pollution control and waste management. In addition, a number of objectives have been suggested for each of these goals. When developing implementation strategies, these objectives can be used as a benchmark for evaluations. Strategies that are considered for the achievement of these objectives will be evaluated against the principles.
3.4 KEY ISSUES TO BE ADDRESSED BY THE INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT PROCESS
As a first step in improving environmental quality, methods to continuously reduce waste and pollution need to be found. This requires a regulatory environment that encourages waste reduction, provides incentives to develop cleaner technologies and drives implementation of cleaner production techniques when they become available.
Pollution control, in practice, is driven for the industrial and commercial sectors through the use of conventional instruments, such as authorisations and regulations prescribing some form of best management practice. These instruments do not, however, drive continuous improvement. Other regulatory instruments such as mandatory reporting of waste statistics and sectoral quotas may thus be required to drive aggregate waste production downward.
A culture of waste avoidance must be adopted by all citizens of South Africa in order to create the context within which waste reduction can be achieved. The perceived will of some sectors to strive for real reductions in waste is, however, very limited. In these instances education and capacity-building will first be required to create a context within which waste reduction can be promoted.
Remediation entails the restoration of environmental quality in those instances where activities have resulted in a degradation of a natural resource or resources to the extent that they are no longer fit for use. Regulatory intervention is necessary where no party can be found to take responsibility for the degraded resource and for the costs of remedial action.
The current approach to remediation is that national departments implement remedial actions to restore a particular resource to an acceptable quality without necessarily taking other environmental media into consideration. Integration will be required in future in order to ensure that all environmental needs are taken into account.
Remediation can only be initiated on a case-by-case basis. The approach is thus needs or problem based. Environmental objectives are thus set to satisfy site specific requirements.
4.1 THE APPROACH TO POLLUTION CONTROL
The analysis of the current situation revealed a range of pollution and waste management problems in South Africa. The legal and institutional analysis demonstrated that present systems and approaches are inadequate or inappropriate for true integrated pollution control and waste management. This is evidenced, for example, in inconsistency in the approach to pollution control and waste management, from permitting through to enforcement. This section presents possible solutions to this lack of administrative integration.
A number of institutional models have been proposed in previous Integrated Pollution Control and Waste Management working group documents as well as the Draft White Paper on the Environment. Each model has positive and negative points. Rather than present each proposed model and any that have been suggested by the international analysis, a more appropriate approach for discussion purposes was considered to be to describe the required elements and then to present the various options as to achieve the elements for debate. This section does not, therefore, propose a definitive model as a solution, but rather identifies the problems and raises a suite of solutions for debate. It should also be noted that the final White Paper on the Environment has not yet been officially released. Certain positions regarding administration and governance of environmental issues have been taken in that document, but until it has been released they cannot be incorporated into this discussion. These positions will, however be incorporated into the White Paper on Integrated Pollution Control and Waste Management.
The discussion is focused around five key requirements. These are:
The institutional and administrative arrangements that are presented for discussion below are intended to stimulate debate on the various elements of an integrated management system. They have not been tested against any proposals that are made in the soon to be released White Paper on National Environmental Policy as the final draft was not available at the time of writing. The requirements of the White Paper will be taken into account during the drafting of the White Paper on Integrated Pollution Control and Waste Management.
4.2.1 Introduction
The approach adopted in this section is to present the various items to existing National Departments which are or could be involved in pollution control and overlay requirements for integration. Various solutions to achieve these requirements are highlighted in boxes for debate. The diagram and discussion are not intended to represent an administrative or institutional model, but the debate points present a number of possible solutions which require institutional reorganisation. These possible solutions have been drawn from past Integrated Pollution Control working group documents, the CONNEPP Green Paper and the review of international trends (section 2.3).
4.2.2 General functions of an Integrated Pollution Control and Waste Management co-ordinating mechanism
The review of existing problems with and needs for integrated pollution control and waste management identified a number of functions required of any integrating structure, system, mechanism or procedure. These functions are presented as a background to the debate on the various possible solutions presented in the debate boxes:
In the context of this discussion, the terms permit and/ or authorisation are used to indicate a set of conditions which result from negotiations between the issuing authority, the applicant and any relevant specialists. While it is, therefore, possible and even desirable that certain quantified limits to such aspects as emissions and discharges may be included in the permit or authorisation, it will also include specifications of what monitoring will be conducted, by whom, with what frequency and where the results must be sent and with what frequency.
In essence, any suite of solutions to the existing lack of integration should focus on four main elements:
4.2.4 National Integrated Pollution Control Body/Mechanism
4.2.4.1 Responsibilities
This body is responsible to Cabinet for effective environmental protection through integrated pollution control and waste management. Its initial responsibility would, therefore, be to facilitate interdepartmental integration in the spheres of pollution control and waste management through the establishment of the necessary structures, procedures and legislation.
DEBATE POINT 4.1
There are a number of alternative structures and functional responsibilities which this body could assume:
It could also be responsible for ensuring that all South Africa’s international obligations with respect to pollution control are met; in other words it could provide the focal point normally required in terms of international conventions, or different line departments could be designated to fulfil this role as is currently the case.
The policies, structures and procedures will be formulated through an effective public participation process in which the needs and views of all sectors of South African civil society as well as the government departments are represented.
This body will be responsible for ensuring that the systems and procedures are adhered to and that they achieve the stated environmental objectives. The progress and success of all and any of the initiatives should be reported regularly to Cabinet.
DEBATE POINT 4.2
Two distinct functions are required of this body or mechanism: that of setting objectives and guidelines, and that of "policing". These functions could either be fulfilled by a single body or mechanism or the "policing" function could be performed by a separate, independent body.
This body or mechanism would only be involved in evaluating permit and/or authorisation applications and setting attendant conditions in cases where the application is of national importance or where the functional responsibility is vested in a national department.
DEBATE POINT 4.3
The criteria for determining which applications are of national importance will have to be established. Such criteria may include, those applications which:
This body/mechanism could develop its own ongoing technical and scientific support in the setting of standards and in basic research or make use of existing specialised organisations for this purpose.
This body could be responsible for obtaining, collating, processing and disseminating information on the state of the environment, particularly with respect to pollution and waste issues, to the South African public at large. This information dissemination would serve the purpose of keeping affected parties informed, as well as playing an education function to the whole of the South African society.
DEBATE POINT 4.4
For pollution control to be fully integrated, a national data base is essential. The centralised management of national environmental data is a task of significant proportions. This data base could be developed and maintained through:
DEBATE POINT 4.5
The function of receiving and acting upon complaints and/or queries from members of civil society could be fulfilled by:
Policy formulation
The formulation of national policies for integrated pollution control and waste management could be a function of this body or of the relevant line departments for co-ordination by the National Body/Mechanism.
Promulgation of Legislation
The mechanisms needed when legislation required to effect integrated pollution control which may influence the jurisdiction of more than one national department could include:
One of the requirements for the integration of pollution control and waste management is that the same method be used in permit/authorisation application, evaluation and issue irrespective of the sector applying or the lead department involved. Options for achieving this requirement include:
In terms of the requirements of the National Body/Mechanism based upon the review in preceding chapters, certain functions may need to be performed by this body in addition to policy setting and co-ordination between national departments. Including:
The above technical functions could be carried out either by the national integrated pollution body or the line department or a combination of both.
DEBATE POINT 4.10
In the discussion thus far, various functions have been proposed for the National Body. These functions have implications in the composition for this body or mechanism.
The Body or Mechanism could be composed of Ministers, Directors-General, environmental specialists, representatives of civil society or any combination of these.
The above functions could be achieved through:
The two functions of auditing and review could be fulfilled by the same National Body or split between the National Body and an independent body as already noted above.
4.2.5 National Departments
No specific changes in departmental structure or functions are proposed in this model. Participation in a number of fora are, however, proposed and the following responsibilities are highlighted.
4.2.5.1 Responsibilities
In addition to the other responsibilities already assigned to the various government departments, within the context of integrated pollution control and waste management, the functions of the various departments at national level could be:
4.2.6.1 Responsibilities
In general, it could be the responsibility of the Integrated Pollution Management Body/Mechanism to ensure that the directives of integrated pollution control and waste management are carried out from provincial through to local levels of government. It is, therefore, proposed, that there be one Integrated Pollution Management Committee in each province which will operate at provincial level in similar fashion to the national body.
It could be the responsibility of this committee to receive and process permit and/or authorisation applications and issue permits and/or authorisations.
DEBATE POINT 4.12
The term permits and/or authorisations has been used for convenience in this discussion document. Various options to the standard practice of issuing permits are presented in section 4.3.
This committee could be responsible for monitoring compliance with the permit or authorisation conditions and for reporting on both non-compliance and compliance either to the National Departments and/or the Integrated Pollution Control Body.
A further responsibility could be to obtain, collate and process pollution and waste management information for incorporation into a national data base.
DEBATE POINT 4.13
This data base could be managed by the National Body which would need to define the nature and format of the information required of the Integrated Pollution Management Committees or it could be contracted out to the private sector.
The responsibility for obtaining the information required as envisaged in 4.5 could lie at the provincial level, with the Integrated Pollution Management Committees or with the National body depending on functional responsibility.
It could be the responsibility of this Committee to receive notifications from members of civil society or National Departments of pollution risks or incidents and to resolve the most appropriate method of controlling the activity and resultant pollution. There could also be the need to establish a method of receiving and dealing with complaints from civil society.
DEBATE POINT 4.14
The complaints from civil society could be managed by:
DEBATE POINT 4.15
The proposed model makes the Integrated Pollution Management Body responsible to the National Departments for the effective management of activities which could have an impact on any of the three media, as well as to Cabinet via the National Departments. This Body could be:
This Body could require a large staff complement and combination of skills to fulfil these functions for all three media, given the complexity of the media and their interactions and current technologies used in their management. It is, however, essential that the media be managed in a combined manner to ensure true integration. These functions could be fulfilled by:
The following responsibilities could be carried out by a component of the Integrated Pollution Management Body or by line departments at one of the levels of government or a combination of both:
The need for an applicant to be able to approach a single body for all relevant pollution permits has been expressed. This could be achieved by:
The following responsibilities could be carried out by a component of the Integrated Pollution Management Body or by line departments at one of the levels of government or a combination of both:
The issue of permit/authorisations requires that input from a number of national departments are obtained. This could be achieved by:
The functions of inspection could be fulfilled by:
Regardless of the management arrangements which are eventually introduced to achieve integration, access to an appeal process at every level will be established. The appeal process will be characterised by accessibility to all members of civil society.
Mechanisms to ensure capacity building and public participation
Although the discussion above includes references to public participation and the involvement of civil society in pollution control and waste management, specific mechanisms have not been spelt out. Some alternatives are provided for debate below.
DEBATE POINT 4.20
Involvement of civil society in pollution control and waste management could be effected by a variety of mechanisms which should all incorporate some form of capacity building, including:
The system and institutional model of pollution control outlined above is proposed as a means of ensuring the integration of pollution control, consistent national mechanisms, and a system of stakeholder participation. They do not specify the particular regulatory instruments that will be used to tackle different pollution problems.
There is a wide range of possible regulatory tools that can be used to control pollution. This document is not intended to provide a prescriptive list of which tools will be used in which instance, but rather outlines the set of tools available and some of the possible advantages and disadvantages of each of them. The regulatory tools used do, however, relate to the broad approach taken to pollution control. In this respect it is intended that those regulatory instruments which best promote the principles, goals and objectives of integrated pollution control and the national environmental policy be used.
As industrial development is the major contributor to pollution and hazardous waste, this section focuses on mechanisms to secure compliance with policy of this sector.
There will need to be certain minimum requirements for the effective functioning of regulatory instruments whatever the final mix of tools decided. These minimum requirements include:
The two principle approaches to pollution control and waste management are the command-and-control approach and economic strategies. These principles are briefly outlined below.
4.3.1 Command-and-control approach
This is by far the predominantly used system of control in South Africa, and in most other countries at present. This approach involves direct regulation, along with monitoring and enforcement systems, and relies primarily on the application of regulatory instruments such as standards, permits, and land or water use controls. The command-and-control approach allows the regulator:
The three types of command-and-control instruments, standards, permits, and land or water use controls are briefly outlined below:
4.3.1.1 Standards
Standards are the predominant means for direct regulation of environmental quality in developed countries. They define environmental targets and establish the permissible amount or concentration of particular substances in discharges into air, water, land or specific products.
Standards may also include technological specifications for the performance or design of equipment and facilities, and the standardisation of sampling or analysis methods. Each of the various types of standards are used to provide a reference for evaluation or a target for legislative action or control (see definitions below.). Definitions of types of environmental standards
Ambient environmental quality standard - establishes the maximum concentration of specified pollutants allowed in the ambient air, water and soil/land.
Effluent or emission discharge standard - establishes the legal limit on the total quantity or concentration of a pollutant that can be discharged from a particular pollution source. Effluent standards may include maximum effluent concentrations for a certain period e.g. maximum for 24hrs, and may include monitoring requirements and standards.
Technology-based standard - this is a type of emission standard that specifies a technology that an industry/business must use to comply with environmental laws, e.g. a power station may be required to add sulphur scrubbers to control its emissions
Performance standard - this is a type of emission standard that defines a performance measure (e.g. the percent of pollution removal to be achieved) and allows dischargers the flexibility to select the best means to meet this measure, e.g. car manufacturers may be required to produce cars that limit exhaust emissions to specified levels.
Product standard - establishes a legal limit on the total quantity or concentration of pollutants that can be emitted into the environment per unit of output, e.g. an amount of chlorine per kilogram of paper pulp produced. Product standards can also prohibit the addition of certain substances to products, e.g. the addition of lead can be prohibited in paint to protect children from lead exposure.
Process standard - limits the emission of pollutants associated with a specific manufacturing process by determining processes to be used, e.g. the mandatory replacement of mercury cells by diaphragm cells prevent mercury releases from chlor-alkali manufacture.
Recent work by the Department of Environmental Affairs and Tourism in their resource economics process has shown that there is an absence of clear environmental standards in South Africa. This means that in many instances problems have been identified but no specific goals, for example in the form of ambient air quality standards, have been established.
One or more of these standards can be set to promote achievement of specific environmental quality goals, such as receiving water quality objectives.
4.3.1.2 Permits and licenses
Permits are generally tied to a particular standard or set of standards, such as an air quality standard, and may also be subject to the fulfilment of specific conditions, such as compliance with a code of practice, or the installation of specific treatment technologies or pollution control equipment.
An advantage of permits is that they can facilitate the enforcement of integrated pollution control by including in one authorisation all of a facility’s pollution control obligations. They can also be withdrawn in cases of non-compliance, or changed as environmental or economic circumstances change. Similarly, if a polluter is not meeting permit conditions (or is operating without a necessary permit) they can be fined or prosecuted.
Permits are essentially a mechanism for introducing other regulatory controls to a specific polluter and thus form a key element in the integrated pollution control model proposed in this policy. They should be seen in this light - as a means of enforcing the application of other instruments (be they standards, or economic instruments) to specific polluters.
4.3.1.3 Land and water use controls
These are regulations that limit the use of land or water in order to minimise pollution or the impacts of that pollution. In the case of land this would include zoning regulations, such as ensuring that polluting industries or hazardous waste sites are at a sufficient distance from residential areas so as to minimise pollution or hazard impacts. Other controls for specific activities are also possible, such as limitations on on-site sanitation systems in areas where there is the chance of polluting sensitive groundwater resources.
Controls on certain uses of water can be used to limit pollution or degradation of specific areas. For example, a prohibition on the use of motorised marine craft in sensitive marine environments or coastal zones so as to limit oil pollution of the environment.
Land and water use controls are an important regulatory tool, especially at the local level, where zoning and other controls can be effectively applied using detailed planning knowledge of local circumstances. They can also be applied to protect especially sensitive environments, such as marine sanctuaries or limited habitats of endangered species.
4.3.2 Economic instruments
Recently some countries have adopted economic instruments to introduce more flexibility, efficiency and cost-effectiveness into pollution control measures. These instruments act as incentives to polluters to choose their own means of pollution control. An example of the successful implementation of economic instruments is the levy raised on the production and importation of chloro-fluoro carbons to meet reduction targets set by the Montreal Protocol. They rely on setting appropriate costs to polluting and thereby encouraging the reduction of pollution. When properly implemented economic instruments can:
The Department of Environmental Affairs and Tourism has recently carried out an extensive process of looking at the potential for the use of economic instruments and has concluded that the introduction of these instruments would assist in improving the effectiveness of environmental management in South Africa. There are few legal barriers to their implementation and in fact the Environment Conservation Act specifically allows for the use of economic measures to internalise external environmental costs, to promote the reduction of the waste stream and pollution to levels that can be naturally absorbed without deleterious effect, and to promote the use of clean technology.
4.3.3 Voluntary agreements or contracts
The use of voluntary agreements between individual polluters or polluting sectors has been used in many countries as an important complementary approach to pollution reduction - but seldom as a replacement of direct government control. For example voluntary pollution reduction programmes, such as the USA’s 33/50 Programme, have led to large reductions in toxic substance releases. The 33/50 Programme has been one of the USA Environmental Protection Agency’s (EPA) most successful initiatives at reducing the emissions of toxic substances. This Program operates on an entirely voluntary basis with companies setting their own reduction targets in consultation with the EPA. Companies that meet these targets receive beneficial publicity from the EPA. The Programme does not replace any other pollution controls, but has nevertheless encouraged significant reductions.
Other types of voluntary agreements include actual contracts being entered into between industry and government. These can include set pollution reduction targets and penalties for non-compliance, as well as agreements from the side of government. Locally, such initiatives as the Responsible Care programme of the chemical industry provides an example of a voluntary programme which encourages pollution reduction, open access to information, and the involvement of local communities in environmental management.
Voluntary agreements will be explored by pollution control authorities and by polluters interested in demonstrating their commitment to improved environmental performance. Such agreements allow for the harnessing of private sector energy in pollution control and waste management, and will be used to facilitate the involvement of communities, labour, and environmental Non-Governmental Organisations in pollution reduction initiatives.
Environmental management systems, such as the ISO 14 000 series, can also be an important aspect of improving environmental performance of industry and should be encouraged, but should not be seen as regulatory instruments or compliance measures.
4.3.4 Additional measures for pollution control
A range of other measures will be used by government to promote pollution reduction. These include:
The full range of these tools will be explored by government in addressing specific pollution and waste management problems. In short, government will move to using a broader and more flexible range of regulatory instruments. Changes from relying solely on rigid command and control measures to using economic instruments, voluntary agreements, and civil society support will lead to a wider and more effective assault on pollution.
4.4 ENVIRONMENTAL INFORMATION - A CORNERSTONE OF INTEGRATED POLLUTION CONTROL
The problem of environmental information was considered at the United Nations Conference on Environment and Development (UNCED). The document arising from the United Nations Conference on Environment and Development, Agenda 21, recognised both the need for reliable environmental information and a more general right to information. In this regard it recommended that all countries establish pollution tracking and inventory systems. One of the key principles of Agenda 21 is that environmental issues are best handled with the participation of all concerned citizens and that each individual shall have the appropriate access to information to make this participation meaningful. Agenda 21 makes specific reference about the need to provide information to Non-Governmental Organisations and civil society about accidental and routine pollution releases, and the state of the environment.
The policy suggestions below are thus based on the problems seen under the situation analysis previously outlined, on the CONNEPP principles, the Constitutional rights, and on current international thought. The policy suggestions attempt to address the information-related problems through
A catalogue or register of potentially harmful pollutant releases or transfers from a variety of sources will be established. The register will include information about releases or transfers to air, water and soil as well as about wastes transported to disposal sites.
The register will be compiled from data gathered through a mandatory system of reporting from point source polluters. The polluters will be expected to report, on a regular basis, the quantities of their releases of chemicals from a pre-determined list, plus other information useful in the control of hazardous pollution. To be maximally useful, such a register would require reports about specific species such as benzene, methane or mercury as contrasted with broad categories of pollution such as "volatile organic compounds", "greenhouse gases" or "heavy metals".
The government department or departments tasked with compiling and holding the register will calculate non-point releases by means of estimates using monitoring data, statistical data, and emission factors. These diffuse sources could include substantial polluters such as agriculture and transport. These authorities will also be required to publish regular statistics based on the register.
It should be understood that there is a difference between amounts of pollutants emitted and the impacts, on health or the environment, of the emissions. Because there are so many intervening stages between source and effects of pollution there is often uncertainty about the final impact of a pollutant. Therefore, the register, especially in its early stages, will not be expected to provide information on the impacts of pollution. The data gathered by the register will however provide crucial information to government regulators and to Non-governmental Organisations, which they can use to analyse pollution sources according to impact - and thus prioritise pollution reduction activities.
The register will go beyond the current fragmented and insufficient pollution release data-gathering carried out at present. It will not only gather pollution release data via permitting procedures, nor only for certain restricted media. It will provide consistent national coverage, and it will be open to public scrutiny.
There is wide range of international experience in the establishment and use of similar pollution inventories or registers. They have been shown to be administratively viable, extremely useful sources of information, and relatively inexpensive to operate. They have also been shown to be highly effective in reducing pollution. The Toxics Release Inventory (TRI), the USA’s register, is regarded as the most successful tool the Environmental Protection Agency has ever used to reduce emissions of toxic substances. Between 1988 and 1992 there was a 40% decline in releases of 17 priority toxic chemicals, primarily through Toxics Release Inventory linked voluntary reduction programmes established between the Environmental Protection Agency and companies who chose to be involved.
Although the wealth of international experience will be drawn upon in determining the exact nature and extent of the pollution register, certain steps will be necessary for its local establishment. These will have to undertaken by means of an inclusive process overseen by a multi-stakeholder grouping. The steps will include decisions on, amongst others:
Ambient environmental quality data is probably the most comprehensive of the environmental data available to regulators and the public. As shown in Chapter 2, however, even this data is seriously inadequate in South Africa. For example, groundwater is inadequately monitored, urban air quality data has been assessed as insufficient to even develop a motor-vehicle pollution control strategy, and statistics on soil contamination are very limited. Surface water quality is well monitored in some catchments but is inadequately assessed in others.
To address these problems, government departments responsible for the management of environmental media must ensure that adequate quality monitoring systems are in place. To this end the Integrated Pollution Control system will ensure that:
Suitable information, and open access to this information, is one of the most powerful tools available to enhance civil society involvement in pollution control and responsible waste management. This discussion document aims to ensure that this potential for harnessing the energies of non-governmental actors on pollution reduction is realised. Open-access to the information referred to above will therefore be assured in the new integrated pollution control system
The types of information that should be available will include:
In addition to pollution release and concentration data there is a need for technological and other information to support pollution reduction efforts. The collection of information on clean technology, best available technologies for pollution control and other information that can assist in pollution reduction should be undertaken. Such information should be centrally gathered and made accessible to interested parties. Much research on pollution control is conducted locally, but there is also a wealth of international data. These need to be brought together and made "user-friendly". The National Integrated Pollution Control Authority will be responsible for ensuring that this process occurs.
Such a "pollution information clearing-house" could also usefully be expanded to eventually include other information. For example, specific hazardous pollutant information (such as material safety data sheets and emergency response data) should be kept centrally, as well as epidemiological data and information on alternative chemicals.
4.4.4 Information requirements of International Conventions
International Conventions dealing with pollution and waste management contain extensive provisions regarding access to and provision of information by parties to it.
5.1 INTRODUCTION
After the Provincial public participation processes of discussion and consultation on the basis of this Discussion Document have been completed, a draft White Paper will be drawn up. This draft policy document will itself be open for comment as described the section entitled "Public Participation". It will subsequently be finalised as a White Paper which will reflect the Government's new policy on Integrated Pollution Control and Waste Management.
Following the adoption of the White Paper by Parliament, implementation strategies and plans of action will be developed to give effect to the new policy. These processes will be managed in a participatory manner with, inter alia the same stakeholders who were involved in the policy development process. Although the way forward cannot be described in detail at this stage, a number of issues can already be identified, based on the proposals contained in this Discussion Document. These issues are briefly outlined below and provide an indication of some of the elements of a Program of Action to be followed towards the implementation of this policy. It is clear that implementation of some proposals made in the Discussion Document will take longer than others. In order to show immediate progress issues have been classified into short and medium term. It is hoped that the public participation process will either confirm these proposals, indicate changed priorities or introduce additional proposals.
5.2 SHORT TERM ISSUES
5.2.1 Changes to legislation
As discussed earlier, there are a multiplicity of statutes which deal with pollution control and waste management, involving a range of government departments. In establishing a new approach to pollution control legislative amendments may be required to provide a consistent, adequate and efficient legal basis for the new policy. These issues will then be incorporated in the draft White Paper.
It is envisaged for example that draft regulations will be promulgated to give effect to the following:
5.2.2 Mechanisms for civil society involvement of unit
The participation of all aspects of civil society is seen as crucial to the success of the new integrated pollution control and waste management policy. In this regard mechanisms will be developed to ensure that this participation is facilitated. The necessary procedures and structures will have to be established to allow the involvement of civil society in all stages of pollution control. These mechanisms will include capacity building programs as a key element of ensuring that all sectors of civil society can participate.
5.2.3 Establishment of a Pollution and Waste Information Management System
A cornerstone of the proposed policy is an improved information collection and dissemination system, which will be readily accessible to all stakeholders. Such a system may be perceived differently by different government departments and other stakeholders. A process will be established to ensure that an information system is speedily established with full consultation from all stakeholders to ensure that the system serves the variety of needs expressed.
Aspect that will be covered by such an information system are:
Although the integrated pollution control and waste management system will address all aspects of pollution control and waste management there may be specific issues that are of particular importance within this broad policy. Such issues need to be identified and given special attention by government. Strategies to deal with these priority issues will be developed and implemented as a special area of work within the pollution control and waste management process. Such priority issues may include, for example, dealing with the current hazardous waste crisis; addressing township air pollution, or addressing the deadly legacy of asbestos mining. The priority issues will be identified through the provincial consultation process and through the different spheres of government. Once strategic issues and priorities have been identified, standards, guidelines, will have to be developed to assist in moving towards a more effective system.
5.2.5 International obligations
South Africa has a number of international obligations (e.g. the Basel Convention) with respect to integrated pollution control and waste management, not all of which are being met. An important element of the way forward is to ensure that the country is meeting its obligations under international law, as well as its obligations to contribute to global sustainable development. Specific strategies in this regard will be developed and implemented. A mechanism will have to be established to finalize the formulation of national positions on international conventions.
5.3 MEDIUM TERM ISSUES
The following issues will require attention in the medium term:
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This glossary defines the terms used in the Discussion Document. Also refer to the next chapter which lists and defines the CONNEPP principles.
Ambient standards - are quantitative pollutant levels which may not be exceeded, or may only be exceeded for a specific frequency or duration in water, in the air or within soils in order to ensure it is fit for a designated use, and to reasonably preserve the environment and not significantly impair human health
Anthropogenic - generated by human activity
Biodiversity - the number and variety of living organisms on Earth. Biodiversity is made up of species richness, ecosystem complexity and genetic variation
Best Practical Environmental Option - BPEO is the outcome of a systematic consultative and decision-making procedure that emphasises the protection of the environment across land, air and water. It establishes, for a given set of objectives, the option that provides the most benefit or least damage to the environment as a whole at acceptable cost in the long-term and as well as the short-term
Best Practical Means - the minimum needed to meet the requirements of present legislation
Biota - living organisms
Carcinogenic - ability to cause cancer
Civil Society - this term is meant to include all members of society outside government
Cleaner Production - The term "cleaner production" describes a comprehensive preventative approach to environmental protection. Many other terms are being used globally like waste minimisation, pollution prevention, cleaner technology, waste reduction, eco-efficiency, non-waste technologies and source reduction without having a universal consensus of what they mean. All of the terms mentioned above, however, describe a proactive approach which embraces a forward-looking "anticipate and prevent" philosophy. Ensuring cleaner production is now internationally recognised as a crucial means to reconcile the environmental and economic goals involved in the move towards sustainable development.
Cleaner production can provide long-term benefits such as
Coastal zone - the area of land and sea along the coast including estuaries, onshore areas and offshore areas, wherever they form an integral part of the coastal system
Cost benefit analysis - estimates and comparison of short term and long term costs (losses) and benefits (gains); an economic analysis of an undertaking, involving the conversion of all positive and negative aspects into common units (e.g. money) so that the total benefits and the total costs can be compared.
Cultural resources - natural features and features adapted and created by humans in the past and present. These features are the result of continuing human cultural activity and reflect a range of community values.
Ecosystem - dynamic complex plant, animal and micro-organism communities and their non-living environment interacting as a functional unit
Effluent - liquid waste generated by human activity
Environmental Audit - a regular formal examination to see whether an organisation or facility is operating in terms of its environmental performance requirements, or some other measure of performance
Environmental Impact Assessment (EIA) - a detailed study of the environmental consequences of a proposed course of action. An environmental evaluation is a study of the environmental effects of a decision, place or undertaking (also called environmental assessment). It is most often used within an Integrated Environmental Management (IEM) planning process as a decision support tool to compare different options
Environmental Management Programmes (EMP) - every mine must submit an EMP in terms of the Minerals Act 50 (of 1991) to the Department of Mineral and Energy Affairs. It contains elements of environmental assessment (see EIA) plus management plans. Once approved, it has the force of law.
Environmental Management System (EMS) - documented procedures drawn up as described in an SABS Code of Practice to implement the requirements of ISO 14000. Operating, emergency, data collection and documentation procedures are set out, along with procedures for training, the transfer of information and all procedures of a complete management and quality control system
Environmental Sustainability - the ability of an activity to continue indefinitely, at current and projected levels, without depleting social, cultural and natural resources required to meet present and future needs
Governance - means setting policy to guide an activity and then making sure that the money, people and institutions to do the work are in place. It also means making sure that people are accountable for the work they do, monitoring what happens and making new plans to carry the work forward
Green-house gases - gases in the Earth’s lower atmosphere that trap heat, causing an increase in the Earth’s temperature
Habitats - the place, characterised by its physical properties and other life forms, where an organism or community occurs
Hazardous waste - any waste, other than radioactive waste, which by reason of its chemical reactivity, eco-toxicity, explosive character, corrosivity, carcinogenic qualities, or other characteristics, may cause significant danger to, or impact adversely on human health or the environment
Heavy metals - term used to describe a class of metals (many of which are toxic) which persist in the environment
Holistic - term used to convey an approach which is all encompassing
Integrated environmental management (IEM) - a philosophy that prescribes a code of practice for ensuring that environmental considerations are fully integrated into all stages of the development process in order to achieve a desirable balance between conservation and development
Integration - Approaches to integration, as for pollution control, may be divided into philosophical, functional and organisational approaches. These need to be dealt with separately in order to provide resolution. The approaches are, however, inter-related and can thus not be developed is isolation.
Functional integration may take place around the source of pollution (such as mining or waste disposal), around the environmental media (air, water and land/soil), around an ecological system (such as a catchment) or around a substance (such as mercury). Integration, therefore, provides the linkage between:
Internalisation - the incorporation of externalities into market prices
Landfill and landfilled - the term refers to a commonly used method of solid waste disposal which includes placing in a specially designed site and covering the waste
Leachate - the term used to refer to the liquid which flows through and out of a landfill
MINMEC - the Committee of Ministers and Members of the Executive Councils: Environment and Nature Conservation
Mutagenic - ability to cause mutations or changes in living cells
Non-renewable resource - a resource that either cannot be renewed once it is used or lost or cannot be renewed in historical time
Ozone - see stratospheric ozone
Particulates - solid particles of pollution emitted from various processes
Point and non-point pollution - point pollution refers to that pollution for which the source can be clearly identified and the non point or diffuse refers to pollution for which the sources cannot be clearly or easily identified.
Pollution - the introduction into the environment of any substance caused by the action of man which has, or results in, significant harmful effects to mankind or the environment. This would include any substance which makes the environment less fit in any way for its intended use. Furthermore, pollution is an unacceptable impact on the environment including those impacts that makes the environment less fit for its intended use.
Pollution prevention - the avoidance of impacts on the environment through avoidance and ministration of waste generation
Product stewardship - taking responsibility for a product throughout its entire life cycle, including the responsibility for managing the product as a waste after being discarded
Radio-active - substances emitting radiation due to the disintegration of unstable atomic nuclei. Radiation can cause cancers and genetic mutations.
Renewable resource - a resource produced as part of the functioning of natural systems at rates comparable with its rate of consumption. Limits to renewable resources are determined by flow rate and such resources can provide a sustained yield.
Risk assessment - a process of gathering data and making assumptions to estimate short- and long-term harmful effects on human health or the environment from exposure to hazards associated with the use of a particular product of technology; or establishing the probability of an event occurring, the factors that bring about that event, likely exposure levels and the acceptability of impacts resulting from exposure.
SADC - Southern African Development Community
Silviculture - cultivation of trees
Stratospheric ozone - The ozone, an unstable form of oxygen found in the stratosphere, the layer of the atmosphere roughly between 15 and 50 kilometres above the earth. This `ozone layer’ absorbs much of the UV-B radiation from the sun. Exposure to UV-B can cause skin cancer and excessive exposure can cause mutations in plants and other life forms.
Terratogenic - ability to cause foetal damage
Toxic waste - a form of hazardous waste that causes death or serious injury such as burns, respiratory diseased, cancers or genetic mutations
Waste - The definition of waste is that used in the Department of Water Affairs and Forestry’s Minimum Requirements:
‘Waste : An undesirable or superfluous by-product, emission or residue of any process or activity which has been discarded, accumulated or stored for the purpose of discarding or processing. It may be gaseous, liquid or solid or any combination thereof and may originate from a residential, commercial or industrial area. This definition excludes industrial waste water, sewage, radio-active substances, mining, metallurgical and power generation waste. After definition in Government Gazette No. 12703, August 1990.’
This definition, however, focuses on the wastes dealt with in Section 20 of the Environmental Conservation Act and excludes other wastes. In the Integrated Pollution Control and Waste Management project, additional sources of general and hazardous waste generation, e.g. agriculture, will be considered. In addition, the wastes governed by the Minerals Act, e.g. mining, metallurgical and power generation wastes and the Nuclear Energy Act, e.g. the radio-active waste are included in the scope.
· Accountability
Government is accountable for policy formulation, monitoring and enforcement.
· Allocation of Functions
Functions will be allocated to the institutions and spheres of government
that can most effectively achieve the objective of that function within
the context of environmental policy.
· Capacity Building and Education
All people must have the opportunity to develop the understanding,
skills and capacity for effective participation in achieving environmental
sustainability (development and sustainable resource use).
· Conflict of Interest
Actual or potential conflicts of interest between responsibilities
for resource exploitation and any responsibilities or powers affecting
environmental quality or impact management must be resolved. Solutions
to such conflicts of interest must ensure effective implementation of environmental
policy and provide for the role of the lead agent in monitoring and ensuring
the maintenance of norms and standards.
· Co-ordination
Environmental concerns affect all aspects of life and must be integrated
into the work of all government institutions. This requires intergovernmental
harmonisation of policies, legislation, monitoring, regulation and other
environmental functions in accordance with the requirements of environmental
policy.
· Cradle to Grave Management of
Materials
Responsibility for the environmental and health and safety consequences
of a policy, programme, project, product, process, service or activity
exists throughout its life cycle. It starts with conceptualisation and
planning and runs through all stages of implementation to reuse, recycling
and ultimate disposal of products and waste or decommissioning of installations.
· Demand Management
In managing resources and environmental impacts, demand management
must be considered along with other control measures.
· Due Process
Due process must be applied in all environmental management activities.
This includes adherence to the provisions in the Constitution dealing with
just administrative action and public participation in environmental governance.
· Duty of care
Every person or organisation should act with due care according to
their capacity to avoid damage to other and/or to the environment.
· Equity
There should be equitable access to environmental resources, benefits
and services to meet basic needs and ensure human well-being. Each generation
has a duty to avoid impairing the ability of future generations to ensure
its well-being.
· Environmental Justice
To comply with the requirements of environmental justice, government
must integrate environmental considerations with social, political and
economic justice and development in addressing the needs and rights of
all communities, sectors and individuals.
Policy, legal and institutional frameworks must:
· Global and International Co-operation
and Responsibilities
Government must recognise its shared responsibility for global and
regional environmental issues and act with due regard for the principles
contained in this policy and applicable regional and international agreements.
· Good Governance
The democratically elected government is the legitimate representative
of the people. In governing it must:
· Inclusivity
Environmental management processes must consider the interests, needs
and values of all stakeholders in decision making to secure sustainable
development. This includes recognising all forms of knowledge including
traditional and ordinary knowledge.
· Integration
The integration of environmental concerns into every area of human
activity is central to the achievement of sustainable development. Priority
areas for environmental governance include:
· the integration of environmental, social and economic considerations in development and land use planning processes and structures. This requires assessment of environmental impacts at policy, planning, programme and project levels
· Polluter Pays
Those responsible for environmental damage must pay the repair costs
both to the environment and human health, as well as the cost of preventative
measures to reduce or prevent further pollution and environmental damage.
· Precautionary Principle
Government will apply a risk averse and cautious approach that recognises
the limits of current knowledge about the environmental consequences of
decisions or actions. This approach includes identifying:
· Waste Management
Waste management must minimise and avoid the creation of waste at source,
especially in the case of toxic and hazardous wastes. Government must encourage
waste recycling, separation at source and safe disposal of unavoidable
waste.