5. STRATEGIC GOALS AND OBJECTIVES OF THE POLICY
This chapter sets out, in the form of broad strategic goals and supporting objectives, the priorities for achieving the vision for integrated pollution and waste management over the next five to ten years. These goals chart the direction the government will follow in meeting its commitment to integrated pollution and waste management.
The chapter also introduces the National Waste Management Strategy (NWMS) and short-term priority Action Plans, which together will form the basis for translating the goals and objectives into practice. However, it is important to note that a similar national strategy for managing pollution has yet to be formulated during 2000 -2001.
5.1 Achieving Policy Goals and Objectives
The overarching goal of the policy is to ensure that pollution and waste are managed in an integrated way.
The intention is to move from a previous situation of fragmented and uncoordinated pollution control and waste management to integrated pollution and waste management and waste minimisation.
In order to ensure that this IP&WM policy is translated into practice, the national Departments of Environmental Affairs and Tourism and of Water Affairs and Forestry have developed a National Waste Management Strategy. This strategy deals with the problems of waste and associated pollution, and details strategies, action plans and set time frames and targets. Many aspects of the IP&WM policy can be implemented without delay through existing administration routes.
5.2 Strategic Goals of the Policy
Within the framework of the overarching goal, the government has identified seven strategic goals for achieving integrated pollution and waste management. These goals are interdependent and implementation must address all of them to be effective, since environmental issues cut across various sectors and functions.
The strategic goals and their supporting objectives indicate the broad deliverables of the strategy, which address the major issues the government faces in its drive to achieve and ensure integrated pollution and waste management.
The seven strategic goals of the policy are as follows:
A National Waste Management Strategy (NWMS) and Short-term Priority Action Plans have been developed, together with an Implementing Instruments Project Plan. These specify the deliverables of the NWMS. The anticipated short-term deliverables from the Action Plans for waste management are included in the relevant sections below to illustrate government's intentions and direction with respect to each of the goals. Short term refers to 2000-2004. It is important to bear in mind that a similar strategy and action plans for broader pollution issues, i.e. not only those that relate to waste management, will be developed during 2000 - 2001.
5.2.1 Goal 1: Effective institutional framework and legislation
To create, develop, implement, maintain and continuously improve an effective, adequately resourced and harmonised institutional framework and integrated legislative system and to build institutional capacity.
Legislative Framework
The Department of Environmental Affairs and Tourism is currently undertaking a law reform process to identify all the requirements for new and amended legislation pertaining to all aspects of the environment, including pollution and waste management. It is anticipated that this programme will be completed by the end of 2000. The overarching legislation and policy framework for this process are the National Environmental Management Act (No. 107 of 1998) and the White Paper on Environmental Management Policy for South Africa.
Institutional Framework
Objectives
- to establish mechanisms to give effect to the institutional arrangements for all spheres of government, as set out in Chapter 6
- to conduct an audit and review of existing skills, capacities, functions and the deployment of resources in the national Departments of Environmental Affairs and Tourism and of Water Affairs and Forestry, and realign them towards implementing the IP&WM policy.
Short term deliverables
- To establish a single, streamlined and efficient administrative system for the authorisation process and assessment reporting requirements, replacing the current fragmented and inefficient systems (see Section 6.3.3)
- To establish mechanisms to set national minimum ambient or environmental quality criteria and standards which consider both concentration and load of pollution
- To develop uniform procedures for setting and enforcing environmental quality standards and criteria throughout the country
- To develop mechanisms to ensure the safe transportation of raw materials, products and wastes to prevent accidents and spills which could adversely affect the environment and public health.
- To develop mechanisms to set up appropriate regulations, quotas and standards to regulate waste generation in order to promote waste minimisation
- To develop regulations (or other appropriate legal instruments) to enforce co-ordinated, integrated waste management planning. The Department will also address the issue of delegating the responsibility for enforcing the regulations and standards to the appropriate sphere of government. The legal instruments will address:
- the identification and reduction/elimination of priority pollutants and waste streams, and promotion of a more widespread adoption of waste minimisation and recycling
- examination of the feasibility of introducing product-based regulations as a means of promoting waste minimisation and recycling
- waste minimisation and recycling requirements as conditions to licensing, permitting and environmental impact assessments
- incorporation of waste minimisation considerations in government procurement contracts
- identification and removal of barriers for encouraging cleaner production in existing legislation
- regulations and standards for all waste treatment facilities
- revised air emission standards for waste incineration facilities
- regulations for controlling communal and small landfill sites
- To investigate the introduction of mechanisms to promote and administer voluntary agreements as a regulatory instrument (see Section 6.3.6)
- To ensure that provincial environmental departments draft regulations, in consultation with local government, that may set stricter provincial standards for waste collection services
- To develop standards for pollution and waste management systems, monitoring and audit procedures and reporting of all activities, including government activities, that impact on pollution and waste management
- To develop a classification system for all waste treatment facilities, which, inter alia, will form the basis for environmental performance standards for these facilities
- To identify and implement appropriate economic instruments and other financial incentives for correct pricing of environmental assets and reducing pollution generating activities, based on the results of a study to be undertaken by the Department of Environmental Affairs and Tourism, together with the Departments of Finance and of Trade and Industry. Specific outputs include:
- the possible introduction of levies on specific products or materials with high environmental impact, and
- the implementation of deposit-return schemes for certain refillable or recyclable containers.
- To develop and implement regulations and guidelines for the safe management of medical waste in partnership with the Department of Health.
5.2.2 Goal 2: Pollution Prevention, Waste Minimisation, Impact Management and Remediation
To promote holistic and integrated pollution and waste management through pollution prevention, minimisation at source, impact management and remediation.
Objectives
- Water pollution management
- To manage, prevent, reduce, control and remediate surface water, groundwater and marine pollution from all identified sources.
- To ensure that the quality of water needed to maintain ecological functions is protected, so that the human use of water does not individually or cumulatively compromise the long-term sustainability of aquatic and associated ecosystems.
- Air quality management
- To manage, prevent, reduce and control all identified forms of air pollution, from various sources, and to maintain human health and ecological functions, as they relate to air pollution, at acceptable levels.
- Land/soil pollution management
- To manage, prevent, reduce and control soil pollution arising through agricultural activities
- To manage, prevent, reduce and control soil pollution linked to water quality management
- To adopt an integrated approach to soil quality management
- To develop an appropriate policy which deals with pesticides in an integrated manner, taking into account the economic and development imperatives underpinning pest control and the impact of pesticides on human health and the environment
- To manage, prevent, reduce and control soil pollution problems arising from a range of other sources, for example waste treatment and disposal, and relevant activities of the wood processing industry, repair shops and scrap yards, service stations, and the metal and mining industries.
- Pollution and waste avoidance, prevention and minimisation to be achieved by:
- adhering to mechanisms to ensure appropriate design parameters, optimising operating procedures and good housekeeping for all waste-generating processes
- identifying mechanisms, such as risk assessment, for forecasting potential situations in which accidents and spills can cause unscheduled waste emissions, whether it be at a facility or during transport
- Resource recovery, recycling and reuse mechanisms:
- Reduction in the waste stream by ensuring an economic environment which favours recycled materials
- Extraction and utilisation of landfill gas.
- Waste collection, treatment and processing mechanisms.
- Ensuring that wastes are appropriately treated and processed prior to their disposal in accordance with relevant laws, regulations, standards and guidelines
- Rendering harmless any pollutants which may be released during waste treatment processes
- Ensuring that all South Africans have adequate and sufficient waste and refuse collection services.
- Final waste disposal mechanisms.
- Timely identification, investigation and development of environmentally and socially acceptable waste disposal facilities, in a manner which promotes the regionalisation or sharing of waste disposal sites to reduce their number and costs
- Developing, operating and/or closing all other waste disposal facilities, including tailing dams, metallurgical slag dumps, whether proposed, existing or closed, in terms of the appropriate guidelines and pollution control legislation
- Phasing out salvaging on landfills completely.
- Pollution remediation mechanisms:
- It will be required that where the environment has been impaired by accidental, insidious or intentional pollution or unacceptable waste management practices, it must be remediated by the accountable party and returned as close as possible to its original state.
- Hazardous waste importation:
- Giving effect to the requirements of the Lome and Basel Conventions, including Decision 3.1 (amendment to the Basel Convention)
- Investigating the benefits of becoming a signatory to the Bamako Convention
Short-term deliverables
- Waste minimisation and recycling: to adopt measures (in close cooperation with the private sector) aimed at facilitating and co-ordinating widespread implementation of existing successful waste minimisation and recycling initiatives. Specific outputs include:
- developing mechanisms for promoting cleaner production technologies and innovative treatment and disposal options at source
- developing mechanisms to set targets for minimising waste and pollution at source
- developing mechanisms to prioritise pollutants requiring prevention control by using a risk-based approach to assess the impact on the environment.
- facilitating information exchange between provincial/local governments and industries, for example to encourage the more widespread establishment of waste minimisation clubs
- identifying all successful existing recycling initiatives and implementing measures to ensure their ongoing success and viability Subsidising recycling campaigns in order to make them economically viable
- Separation and recovery of resources as early as possible in waste-generating processes in both the commercial and domestic sectors
- Resource recovery at waste transfer stations, waste treatment facilities and waste disposal sites
- Subsidising recycling campaigns in order to make them economically viable
- Engaging with the mining and power generation industries regarding the investigation, promotion and implementation of minimisation and recycling of their wastes
- developing and implementing a programme for disseminating information by the Department on the techniques, opportunities and benefits associated with cleaner production, waste minimisation and recycling. Specific outputs include:
- establishment of Waste Minimisation and Recycling Centres
- dissemination of information on waste minimisation by developing a directory of case studies and sector-specific guides
- implementation of demonstration projects
- promotion of information and awareness campaigns about waste minimisation and recycling by the Department, in collaboration with local government
- amending educational curricula to reflect cleaner production, waste minimisation and recycling approaches to waste management.
- Waste collection:
- To compile a report documenting the investigation of affordable and sustainable waste collection service models, with appropriate conclusions and recommendations
- To establish guidelines for appropriate waste collection services for all sectors of society, which cater for appropriate recycling and set national standards
- To ensure that waste collection services for the identified 300 000 previously unserviced households (pilot programme) are implemented by local government, in close consultation with communities. (These collection services will be implemented in addition to any expansion of waste collection services to unserviced areas that is currently being planned and executed by some municipalities with adequate capacity and resources)
- To ensure that sufficient suitably capacitated staff (employed or contracted) are available at the local level to implement waste collection services
- Encouraging waste reduction and resource recovery by municipalities
- To develop a system for the safe collection and transportation of hazardous waste, including the development of guidelines for provincial environmental departments, registration and certification of contractors, implementation of the waste manifest system and possibly a network of collection points
- Waste treatment:
- To compile a register of all waste treatment facilities, using information from the Waste Information System (see Goal 6)
- To develop a classification system for all waste treatment facilities, which will include:
- medical waste facilities, including incineration and alternative treatment technologies hazardous waste facilities, including thermal destruction and alternative treatment technologies
- crematoria facilities (human and animal)
- recovery works, for liquid, solid or energy recovery
- animal waste - blood, skins, hides, by-products, fat, bone meal and fishmeal O oil recovery
- electroplaters and metal finishers
- gold and acid recovery from mine dumps
- To develop and begin implementing regulations and standards for all waste treatment facilities. Environmental performance standards will be based on the classification system for waste treatment facilities. DEAT will also address the issue of delegating the responsibility for enforcement of the regulations and standards to the appropriate level of government
- To develop revised air emission standards for waste incineration facilities that will consider international standards and South African conditions, and be graded according to the size of the facilities and the type of waste incinerated
- To monitor and audit all waste incineration facilities according to the revised air emission standards. This will at first be done by DEAT, but may become the responsibility of the provincial environmental departments
- To develop and implement a public awareness and education campaign, focusing on the hazards of medical waste and the legal responsibilities of medical waste generators
- To complete a plan for a system of medical waste treatment plants. Thereafter additional medical waste treatment facilities will be established and operated in accordance with this plan
- To facilitate an investigation into the feasibility of regional/quasi-provincial waste treatment facilities, including the initiation of a national survey of the amounts and categories of hazardous waste requiring treatment.
· Waste disposal:
- To compile a register of all waste disposal facilities, using information from the Waste Information System
- To ensure that the plans for implementing the DWAF Minimum Requirements at all Section 20 waste disposal facilities are drawn up by the facility owners and submitted to DWAF for their approval and records
- DWAF will ensure that all medium and large landfill sites are permitted, following submission of required permit application reports by landfill owners
- DWAF will carry out appropriate monitoring and auditing of all registered Section 20 waste disposal facilities, to enforce the applicable Minimum Requirements, regulations and permit conditions
- Compliance with the relevant laws, regulations, standards and guidelines
- To formalise and control existing salvaging on landfills, as an interim measure, through agreements between landfill owners and salvagers. Permits will be amended, where necessary, to take into account agreements on salvaging. Salvaging will not be allowed to commence on landfills where it is not currently taking place
- To develop a classification system for mining and coal combustion wastes which differentiates between waste from different types of mines, as well as waste from before and after material recovery plants
- To collaborate with DME in developing a permitting system, including guidelines and minimum requirements, that will be integrated into the Environmental Management Programme Report (EMPR) process, for mining and coal combustion wastes
- To initiate the establishment of adequate hazardous waste disposal facilities for all parts of the country, to be carried out by the provincial environmental departments, in collaboration with municipalities
- DWAF, together with DEAT, will issue updated, extended and amended Minimum Requirements documents, taking into account comments based on operational experience.
5.2.3 Goal 3: Holistic and integrated planning
To develop mechanisms to ensure that integrated pollution and waste management considerations are effectively integrated into the development of government policies, strategies and programmes, all spatial arid economic development planning processes, and all economic activities.
Objectives
- To incorporate integrated environmental management principles and methodologies in spatial development planning, as it affects integrated pollution and waste management
- To make timely and appropriate provision for adequate waste disposal facilities
- To develop management instruments and mechanisms for integrating pollution and waste management concerns in development planning and land allocation
- To develop agreed, appropriate indicators to measure performance for inclusion in EIP's and EMP's as provided for in NEMA.
Short-term deliverables
- To develop guidelines for preparing integrated waste management plans for general, hazardous and industrial (including mining, coal combustion and radioactive ) waste
- To ensure that each provincial environmental department submits a first-generation integrated waste management plan, formulated in accordance with the Guidelines, to national government (i.e. the Committee for Environmental Co-ordination). These waste management plans will form an integral part of the environmental management plans and environmental implementation plans of national and provincial government
- To ensure that each local authority submits a first-generation integrated general waste management plan, formulated in accordance with the Guidelines, to the relevant provincial environmental department
- To reach consensus between national government (DEAT, DME and other relevant departments) and industry sectoral representatives on time schedules for submitting integrated management plans for industrial waste (including mining and power generation waste), currently disposed of at private and/or dedicated facilities
- To ensure that integrated industrial waste management plans are submitted by the owners/developers to the provincial environmental departments for review.
5.2.4 Goal 4: Participation and partnerships in integrated pollution and waste management governance
To establish mechanisms and processes to ensure effective public participation in integrated pollution and waste management governance.
Objectives
- To ensure that communication strategies in all spheres of government address public participation needs
- To allocate government resources (financial and human) to build institutional capacity in national, provincial and local government spheres for effective management of public participation in integrated pollution and waste management governance.
- To encourage strategic alliances between government and interested and affected parties to ensure integrated pollution and waste management and achieve sustainable development.
Short-term deliverables
- To develop mechanisms to ensure public participation and community involvement in processes relevant to integrated pollution and waste management
- To make the involvement of the public mandatory in waste management decisions, where people will or can be affected
- To investigate extending the use of environmental monitoring committees, which involve representation and participation of the public, to monitor all waste disposal sites and other sensitive waste management projects. This strategy will also encourage continued ad hoc monitoring by involving interested and affected parties and deliberate involvement of communities in enforcement and compliance in line with provisions of NEMA.
5.2.5 Goal 5: Empowerment and education in integrated pollution and waste management
To promote the education and empowerment of South Africa 's people to increase their awareness of and concern for pollution and waste issues, and assist in developing the knowledge, skills, values and commitment necessary to achieve integrated pollution and waste management.
Objectives.
- To integrate pollution and waste management education in all education programmes, at all levels, in all curricula and disciplines of formal and non-formal education in the national qualification framework
- To ensure that integrated pollution and waste management education programmes and projects foster a clear understanding of the interrelationships between pollution and waste, and of the economic, social, cultural, environmental and political issues in local, regional, national and global spheres
- To develop a culture of discouraging pollution and waste generation among all South Africans.
- To assist small, micro and medium-enterprises in developing appropriate integrated pollution and waste management procedures
- To encourage and support the involvement of women, youth, workers, the unemployed, the disabled, traditional healers, the elderly and other special interest groups in the design, planning and implementation of integrated pollution and waste management education and capacity-building programmes and projects.
- To initiate awareness campaigns for integrated waste management planning, together with the provincial environmental departments. The campaigns will be implemented by local government for general waste, and the provincial environmental departments for hazardous and industrial waste
Short-term deliverables
- To implement a capacity building programme resulting in:
- the identification, development and sustained provision of appropriate capacity building programmes within the stipulated time frames for the Waste Information System (WIS), Integrated Waste Management Planning (IWMP), Waste Minimisation and Recycling (WM), Waste Collection (WC) and Waste Treatment and Disposal (WT) Action Plans. All capacity building programmes will include the development of conceptual and social skills
- capacitated organisations and personnel developed on a sustainable basis in national, provincial and local government in accordance with the stipulated NWMS time frames
- To identify, develop and provide (in a sustained way), in conjunction with stakeholders, education, awareness and communication programmes for civil society. These should be appropriate for implementing the Waste Information System, Integrated Waste Management Planning, Waste Collection, Waste Minimisation and Recycling, and Waste Treatment and Disposal Action Plans, and within the stipulated time frames.
- To enhance integrated pollution and waste management literacy, using all forms of communication media
- To promote "outreach programmes" aimed at educating people in rural areas and decision makers
- Consolidate and reinforce existing awareness programmes
- Continue to use theme days (e.g. environment week) as rallying points for awareness programmes
5.2.6 Goal 6: Information management
To develop and maintain databases and information management systems to provide accessible information to interested and affected parties that will support effective integrated pollution and waste management.
Objectives
- To establish effective and efficient information systems, including the development of appropriate pollution indicators to ensure informed decision making, measure progress in policy implementation and enable public participation in the governance of integrated pollution and waste management
- To strengthen and build the capacity of government to collect, analyse and use relevant information and knowledge for integrated pollution and waste management from all sources
- To develop a register of pollution and waste releases and transfers from point and diffuse sources
- To develop a register for all waste handlers
Short-term deliverables
- To develop and implement a Waste Information System (WIS), based on:
- an assessment of the training needs
- development and testing of a prototype, before compiling an assessment report, and
- capacity building
- To draw up WIS Guidelines as a key mechanism for conveying information about the WIS for capacitating the data suppliers. The Guidelines will detail reporting requirements and what happens with the information
- To begin developing mechanisms to set up information systems on chemical hazards and pollution releases and the introduction of a system to track the transportation and disposal of waste materials
- To obtain accurate verified information required to support all short-term objectives within the NWMS To begin developing mechanisms to set up information systems on chemical hazards and pollution releases and the introduction of a system to track the transportation and disposal of waste materials
- To disseminate information through formal and informal channels, including communication media, in an accessible format. This includes publication as part of the National State of the Environment Report and a National Waste Report. Depending on the availability of funding, a Preliminary National WIS Report could be published as an interim measure.
5.2.7 Goal 7: International cooperation
To develop mechanisms to deal effectively and in the national interest wit* international issues affecting pollution and waste
Objectives
- To cooperate internationally on common pollution and waste management concerns, giving priority to the southern African region
Short~term deliverables
- To adopt a uniform approach to the handling of international agreements and obligations
- To consider conventions or other instruments which are being negotiated by an international body, as well as conventions which have been adopted internationally, by giving due attention to:
- the recognition of the interests of stakeholders in formulating an official national position to be submitted to the relevant international negotiating forum
- the formation of a multi-sectoral committee which will be responsible for formulating a national point of view (where necessary)
- the constitution of national delegations which comprise government officials, as well as all sectors of society, and
- a recommendation to Parliament on the accession to an international obligation, taking the following issues into account:
- available resources to ensure implementation
- views of stakeholders, and
- benefits and disadvantages to the nation
- To ensure that ratification of a convention is followed by aligning the necessary domestic legislation to comply with the international obligation, and promulgate the legislation prior to entry into force of the convention where applicable, including:
- designation of the responsible national authority or focal point
- publication of the full text of the convention, and
- publication of the legislation to give effect to the convention
- To ensure that South Africa acts in accordance with the National Environmental Management Act (No. 107 of 1998) in dealing with international treaties and agreements, and that pollution and waste management considerations are included in all relevant international negotiations
- To ensure adequate opportunity for consultation with all relevant interested and affected parties before negotiating, entering into and implementing international agreements
- To meet all requirements arising from international agreements and obligations dealing with pollution and waste management.
This chapter deals with:
The Constitution requires that the legislative and executive authority of different spheres of government operate within a framework of co-operative governance. National and provincial governments have some concurrent and some exclusive powers for managing the environment. The Constitution also sets out how national and provincial government should regulate certain environmental functions of local government.
Functional areas of concurrent national and provincial legislative competence regarding integrated pollution and waste management are:
as well as the regulation of the following local government matters:
The functional areas of exclusive provincial legislative competence regarding integrated pollution and waste management are provincial planning and the regulation of the following local government matters:
6.2 White Paper on Environmental Management Policy for South Africa
The White Paper on Environmental Management Policy for South Africa delineates government's policy on environmental management. The IP&WM policy is a subsidiary and supporting policy to this environmental management policy, which identifies the Department of Environmental Affairs and Tourism as the lead agent for the environment. As such, the Department will take overall responsibility for integrated pollution and waste management in South Africa.
It is the policy of the Department of Environmental Affairs and Tourism to encourage all stakeholders, i.e. other government departments, business and industry, labour, environmental and public interest groups, and other members of civil society, to participate in the discussion, design and implementation of new policies and programmes.
6.3.1 National government
While the Department of Environmental Affairs and Tourism is the lead agent for the environment, the Department of Water Affairs and Forestry is the lead agent for water, responsible for managing water quantity and quality. The Department of Environmental Affairs And Tourism will provide leadership and guidance to enable other national departments, provincial environmental departments and municipalities to meet their executive obligations in respect of the environment, including integrated pollution and waste management. In performing these functions the lead agent will act in accordance with the requirements of co-operative government.
The Department of Environmental Affairs and Tourism will take overall responsibility for integrated pollution and waste management in South Africa, and will execute its responsibilities by concentration and extension. Furthermore, it will establish guidelines, mechanisms and structures which will ensure that activities undertaken by other media and sector managers are co-ordinated, uniform and effective.
To ensure co-ordination between the Department of Environmental Affairs and Tourism and other departments and organs of State that exercise pollution and waste management functions, it may be appropriate to establish formal working arrangements. These will ensure that functions are exercised efficiently, without duplication and in a co-operative and mutually supportive manner.
An underlying principle in allocating governance functions is the Revolution of responsibility to the most appropriate sphere of government. Where the allocated sphere of government does not have the resources or capability, the next sphere of government will execute the function. Furthermore, the Department of Environmental Affairs and Tourism and provincial environmental departments will assist where resources and capability are lacking, as well as in building capacity.
Functions of the lead agent
The Department of Environmental Affairs and Tourism will ensure that the following integrated pollution and waste management-related functions are undertaken:
- Policy, strategy and legislation
- Co-ordination Enforcement
- Dissemination of information
- Participation and appeals (against government decisions, authorisations, etc.)
- Monitoring, auditing and review
- Capacity building.
Powers of the lead agent
In accordance with its role as lead agent, the Department of Environmental Affairs and Tourism will:
- enforce compliance with the IP&WM policy and legislation, norms and standards bind all spheres of government and organs of State to comply with and give effect to national integrated pollution and waste management legislation, norms, standards and guidelines in performing their integrated pollution and waste management functions
- review the environmental impact of all government policies, strategies, plans, programmes and actions and ensure that they conform with the national IP&WM policy, legislation, norms and standards
- enact legislation giving the national Department of Environmental Affairs and Tourism the power of intervention to protect the environment in cases of conflict between national and provincial law, as provided for in Section 146 of the Constitution
- intervene in instances where provincial or local governments fail to fulfil an executive obligation in respect of integrated pollution and waste management, as provided in Section 100 of the Constitution.
Government media and sector managers
Current legislation identifies a range of national government departments that have some waste-related responsibilities. The list below provides a brief indication of some of those government departments, aside from the Department of Environmental Affairs and Tourism, that are principally affected, and some of their responsibilities.
- Department of Water Affairs and Forestry is responsible for water quantity and quality aspects of pollution and waste management (National Water Act No. 36 of 1998), and also fulfils its obligations in terms of Section 20 of the Environment Conservation Act (Act 73 of 1989) regarding the permitting of landfill sites, including the development of regulations, guidelines and standards as long as applicable.
- Department of Minerals and Energy sets regulations, norms, standards and guidelines in consultation with DEAT for mining, radioactive and coal combustion waste, and regulates the mining and nuclear industries within the context of environmental legislation
- Department of Health sets regulations and guidelines for all medical wastes and treatment facilities, in consultation with DEAT, and regulates the medical industry within the context of environmental and health legislation.
- Department of Agriculture develops the necessary regulations and guidelines for all agricultural wastes, in consultation with DEAT.
Functions of the media and sector managers
The media and sector managers in government will ensure that the following integrated pollution and waste management-related functions are undertaken regarding their medium or sector:
- Policy, strategy and legislation
- Co-ordination
- Enforcement
- Dissemination of information
- Participation and appeals (against government decisions, authorisations, etc.)
- Monitoring and review
- Capacity building.
Powers of the media and sector managers
In order to fulfil their responsibilities as media/sector managers, the relevant government departments will:
- enforce compliance with medium/sectoral policy, legislation, norms and standards
- determine the impact on their particular medium or sector and set impact criteria
- manage its medium/sector by source control, impact management and remediation
- build institutional capacity, and
- ensure public participation.
6.3.2 Provincial and local government
Provincial and local government will operate within the national framework of the IP&WM policy. Both municipalities and provincial governments will play an important role in implementing national strategies addressing waste and pollution management. Where appropriate, they will develop their own legislation and implementation strategies to meet their specific needs within the framework of this policy. As indicated earlier, functions relating to the management of pollution and waste should be carried out in the sphere of government that will be most effective.
Provincial government
The provincial environmental departments will be responsible for monitoring and enforcing pollution and waste management issues within their province. Specific functions to be carried out by Provincial Government include:
- Develop a provincial environmental implementation plan
- Reviewing the first-generation integrated waste plans received from the municipalities and where necessary, assisting with the drafting of these
- Monitor compliance with provincial implementation plans
- Intervene if the implementation plans are not being complied with
- Develop provincial guidelines and standards
- Develop and enforce provincial regulations
- Act on environmental hazards as required
- Participate in the Committee for Environmental Co-ordination.
- Ensure that all industries have access to appropriate waste disposal facilities
- assisting national government in drafting regulations and guidelines
- quality assurance of the Waste Information System
- developing and enforcing provincial regulations for general waste collection, and supporting local government in the implementation of waste collection services
- implementing and enforcing waste minimisation and recycling initiatives, and in particular, promoting the development of voluntary partnerships with industry
- registration and certification of hazardous waste transporters, the waste manifest system and the establishment and control of hazardous waste collection facilities
- supporting the Department of Environmental Affairs and Tourism in planning for a system of medical waste treatment facilities, and investigating the feasibility of centralised (regional) waste treatment plants.
Local Government
Municipalities will be responsible for providing waste management services, and managing waste disposal facilities. Specific functions to be carried out by municipalities will include:
- compiling and implementing general waste management plans, with assistance from provincial government
- implementing public awareness campaigns
- collecting data for the Waste Information System
- providing general waste collection services and managing waste disposal facilities within their areas of jurisdiction
- implementing and enforcing appropriate waste minimisation and recycling initiatives, such as promoting the development of voluntary partnerships with industry, including the introduction of waste minimisation clubs
- where possible, regional planning, establishment and management of landfill sites, especially for regionally based general waste landfills.
6.3.3 Authorisations
The current fragmentation, duplication and lack of co-ordination in the authorisation process and assessment reporting requirements will be replaced by a single streamlined and efficient administrative system. A simple process for environmental authorisations will be developed to ensure that activities with a possible detrimental effect on the environment are effectively regulated.
A single entry point for authorisation applications will be investigated in consultation with relevant organs of State as provided by the National Environmental Management Act (Act 107 of 1998) and implemented as appropriate. Authorisation conditions will include, but not be limited to, standards, details of voluntary agreements as provided for in the National Environmental Management Act, market-based instruments, reporting requirements, any other clauses, as well as the frequency and method of regular review and update. Lead Departments will however retain functional integrity and accountability in executing their specific legal mandates.
6.3.4 Impact management through ambient standards
Ambient standards define targets for integrated pollution and waste management and establish the permissible amount or concentration of a particular substance in or property of discharges to water, air and land, based on what a particular receiving environment can tolerate without significant deterioration.
Standards for water quality and wastewater discharges will be set by the Department of Water Affairs and Forestry and other ambient environmental quality standards by the Department of Environmental Affairs and Tourism. The standards will be set in consultation with other media and sector managers. The setting of source control and remediation standards will remain the responsibility of the media and sector managers, but will be co-ordinated at national and provincial levels.
Quantifiable performance standards will be achieved by introducing the following measures:
- Performance-based standards to achieve agreed environmental quality
- The universal, consultative application of the standards-setting process, taking into account the needs of, and information possessed by, the discharger, government departments, the scientific community and civil society.
- Guidelines for the development of the approach to, and the setting of pollution and waste standards, drawn up as part of the national strategies on pollution and waste in collaboration with all relevant parties.
- The provision of access for civil society to the standards-setting process and the standards themselves, in accordance with the commitment to more readily available pollution and waste management information
- Where new standards are set for existing dischargers and waste managers, the establishment of a negotiated, phased approach, using measurable short, medium and long-term targets towards achieving the new standards.
The relevant laws, regulations, standards and guidelines will be used as mechanisms to obtain information on media impacts, which in turn will be used to evaluate predicted impacts against the ambient standards. Co-ordination of standards setting and agreement on a consolidated set of requirements against which applications for authorisation will be evaluated, will be developed as part of the national strategies on pollution and waste.
6.3.5 Monitoring
Monitoring will be media and sector-based. Two areas will be addressed, i.e. ambient environmental quality monitoring and compliance monitoring.
Ambient environmental quality monitoring
The achievement and maintenance of appropriate ambient environmental standards will be supported by the collection of adequate information on ambient levels of pollution, the nature and effects of pollutants, and their pathways through the environment.
To this end various departments and spheres of government will be tasked with ensuring that adequate monitoring occurs, i.e. they will:
- conduct regular monitoring of all pollutants for which there are minimum standards, implemented in a phased approach, dealing with priority pollutants and areas first, in all areas of the country where these pollutants may have a negative health or environmental impact
- collect ambient environmental quality information
- establish consistent and standardised databases between different government departments and spheres of government, so that data can be easily collated and consolidated
- standardise operating procedures for environmental quality monitoring, as well as standardising procedures for the format of captured data, and
- regularly publish statistics on ambient environmental quality.
Monitoring specific media or sectors will be the responsibility of the media and sector managers, and co-ordinated by the lead agent.
Compliance monitoring
The permit holder is responsible for compliance monitoring, with government officials at national, provincial and local level undertaking regular inspections and/or audits to ensure that permit holders fulfilling their obligations.
Systems will be developed for:
- effective ambient pollution and waste monitoring
- effective monitoring of environmental impacts
- ensuring that the results of the various monitoring programmes are collated to identify cumulative trends which can be used in decision making
- ensuring that both the sources of pollution and the receiving environment are monitored and that the latter is used to assess the effectiveness of source control measures
- ensuring that only those analyses obtained through accredited laboratories are accepted for inclusion in the register, and
- developing ambient quality standards, emission or discharge limits in a consultative manner that is based on sound scientific and management principles,as well as local knowledge.
Responsibilities of the lead agent and media and sector managers
The Department of Environmental Affairs and Tourism, as lead agent, is responsible for the overarching auditing function to ensure adequate ambient and compliance monitoring.
Ambient quality monitoring is the government's responsibility. The division of responsibilities between the departmental media and sector managers is as follows:
- Water - Department of Water Affairs and Forestry
- Air - Department of Environmental Affairs and Tourism
- Land - Department of Environmental Affairs and Tourism.
Multi-skilled inspectors will be employed at national or the next most-appropriate level to check permit-holder compliance with regulatory requirements. Government officials at local level (e.g. Department of Health and Local Government) could be trained as multi-skilled inspectors to perform this function. Monitoring will take the form of external audits conducted by the inspectors or checking of monitoring records and audit reports.
6.3.6 Regulatory instruments
A wide range of management instruments can be used for integrated pollution and waste management. This policy does not intend to prescribe which tools will be used in which instances, but rather outlines the range of instruments currently available and their associated advantages and disadvantages. Those management instruments that best promote the principles, goals and objectives of this policy will be used.
The criteria to be considered for selecting a particular instrument or package of instruments are as follows:
- effectiveness in ensuring environmental sustainability
- ability to secure participation by interested and affected parties in integrated pollution and waste management governance
- giving effect to the constitutional rights and principles of both the White Paper on Environmental Management Policy for South Africa and this White Paper on Integrated Pollution and Waste Management for South Africa
- equity considerations
- economic efficiency and impact
- administrative feasibility and
- acceptability by civil society.
The regulatory range of instruments will draw on direct controls and permits, market based instruments, land-use planning and controls, and voluntary agreements. These instruments will be used in an integrated manner to maximise effective integrated pollution and waste management. A thorough survey of available instruments for integrated pollution and waste management will be conducted as part of the national strategies on pollution and waste.
Command-and-control instrument
Command-and-control instruments involve direct regulation and rely primarily on the application of regulatory instruments, such as standards, permits and land-use controls.
Standards define environmental targets and establish the permissible amount or concentration of particular substances in discharges into air, water and on land. Standards may also include technological specifications for the performance or design of equipment and facilities and the standardisation of samples and analysis methods.
Permits are tied to standards and are also subject to the fulfilment of specific conditions. They facilitate the enforcement of integrated pollution and waste management by including all pollution and waste management obligations in one authorisation. Permits can be withdrawn in cases of non-compliance, or changed as environmental or economic circumstances shift. Similarly, should the permit holder not meet permit conditions, the permit holder can be fined or prosecuted.
Land-use controls: In terms of the Development Facilitation Act, provincial government and municipalities are required to formulate land development plans that must include encouraging environmentally sustainable land development practices. The lead agent will evaluate and address these and other land-use controls and guidelines relevant to integrated pollution and waste management. These controls and guidelines will be developed in collaboration with national, provincial and local governments. Some of the main issues to be addressed include: domestic waste collection and disposal, vehicle emissions and the use of fossil fuel appliances.
Market-based instruments
The objective of economic instruments is to change behaviour by promoting specific innovations that lead to improved environmental performance. In considering economic instruments, it is important to understand the difference between a "charge" and a "tax".
The main purpose of a tax is to generate revenue, while a charge is meant to recover costs (including environmental costs).
Mechanisms to achieve cost recovery will be investigated as part of the National Waste Management Strategy. A prerequisite for the recovery of environmental costs is the ability to price environmental assets correctly, which is a primary objective of environmental resource economics. Different economic instruments are designed to correct different situations. It is therefore important to know the cause of an environmental problem and to ensure that property rights, and environmental awareness and education are taken into account before a choice of market-based instruments is made. Examples of the types of instruments that may be considered in this category include:
- resource charges
- pollution charges
- input charges, and
- deposit refund systems.
Another form of economic instrument is based on the incentive approach, through which investment in, for example, cleaner production technologies, is promoted. This type of instrument will be investigated in collaboration with the Department of Trade and Industry and may include:
- investment credits
- accelerated depreciation
- product/service subsidies and
- basic needs subsidies (already in place in the form of a lifeline tariff for water services).
Voluntary agreements
Voluntary agreements adopted by industry have been used in many countries as an important complementary approach to pollution reduction, but seldom as a replacement for direct government control. These voluntary agreements can be used to achieve performance in excess of compliance with minimum standards and can include setting pollution reduction targets and penalties for non-compliance. Voluntary programmes that promote pollution reduction, access to information, and the involvement of local communities in integrated pollution and waste management will be encouraged.
The introduction of mechanisms to promote and administer voluntary agreements will be investigated as part of the national strategies on pollution and waste. Issues to be considered include:
- promotion of environmental management systems as a complementary mechanism to improve environmental performance
- achievement of specific reduction targets with an agreed time frame
- promotion of the involvement of communities, labour, and environmental non governmental organisations in pollution reduction initiatives, and
- mechanisms to handle non-compliance.
6.3.7 Capacity building
Government and civil society will be capacitated through training in integrated pollution and waste management. Emphasis will be placed on the training and skills development of members of disadvantaged groups.
The government will assist people to act in an informed manner by:
- promoting sound scientific research and monitoring and recognising local knowledge and information
- ensuring a wide dissemination of the results of research and other pollution and waste management data
- encouraging access to information and legislation
- encouraging individuals and the communication media to act on the basis of sound information, and
- giving attention to the environment at all levels of the formalised education system to ensure that all members of society obtain an understanding of the sources, the prevention and the minimisation of pollution and waste.
Human resource development programme
The human resource development programme of the Department of Environmental Affairs and Tourism will be adjusted to focus on the new policy priorities. The Department will establish links with tertiary education and other training institutions to ensure that training of pollution and waste managers, inspectors, educators and information officers, both for the Department and generally, is appropriate to the new direction contained in this White Paper on Integrated Pollution and Waste Management for South Africa.
Sectoral capacity building
Integrated pollution and waste management will only be successful if personnel at all levels in the Department of Environmental Affairs and Tourism and the provincial environmental departments, as well as all other relevant organisations, organs of State and sectors are developed. Capacity will also have to be built in marginalised and disadvantaged groups, and in small, micro and medium-enterprises. Technical expertise will also have to be promoted.
The lead agent and all other role-players will be involved in partnership activities for capacity building at national, provincial and local levels.
Pollution, waste management and gender
The development of women in relation to integrated pollution and waste management is important for a number of reasons. Since women are the traditional custodians of natural resources in the rural areas, they are also the people who suffer most from degradation of the natural resource base, and their wisdom in this regard should be acknowledged and utilised by government.
This IP&WM policy promotes representation by women at all levels and in all spheres of integrated pollution and waste management, including in political, technical and managerial positions.
6.3.8 Information systems
A central component of the integrated pollution and waste management information system is that it will allow public access to information, based on the constitutional right to be informed.
Government will establish:
- an adequate national ambient environmental quality monitoring network with a consistent approach to monitoring
- a register of pollution and waste releases and transfers (including the estimation of non-point sources of pollution), and a register of waste handlers and waste disposal sites
- a system of storing and disseminating collected information regularly and on request, in this way giving effect to the right of access to information
- consistent and standardised databases between different government departments and spheres of government so that data can be easily collated and consolidated
- standardised procedures for the format of data capturing
- a process for the regular publishing of statistics on ambient environmental quality, and
- a role for civil society in pollution and waste monitoring.
Pollution emission information
In order to provide sufficient data for waste minimisation and source-based pollution control, a register of pollutant releases or transfers from a variety of sources will be established. One of the components of the National Waste Management Strategy will be the establishment of a Pollutant Release And Transfer Register. The register will include information about point and non-point (diffuse) releases or transfers to air, water and soil. All waste handlers (collection/transport/disposal contractors) will be required to register. Mechanisms to facilitate public access to the register will be introduced.
The relevant national, provincial and local authorities will also be required to publish regular statistics based on the register. The Department of Environmental Affairs and Tourism will compile and keep this register. The register, especially in its early stages, will not be expected to provide information on the impact of pollution. The data will, however, provide crucial information to government regulators and to civil society, and can be used to analyse pollution sources according to impact and to prioritise pollution reduction activities.
In designing the register the following issues will be taken into account:
- the precise goals and objectives of the register
- the pollutants of concern to be included
- the scope of the register
- the responsible government authority
- reporting methods
- financing
- methods of ensuring access to the information collected
- criteria for including pollutants on the list, and
- methods of collecting data.
Registration of waste disposal sites
The Environment Conservation Act (No. 73 of 1989) provides for the registration of all waste disposal sites and waste deposits. However, this Act has not been fully implemented. Although a recent survey by the Department of Water Affairs and Forestry identified the majority of waste disposal sites in the country, a register of waste disposal sites is essential for implementing controls. It is a requirement of the IP&WM policy that all waste disposal site operators and owners register their waste disposal sites with the relevant authority.
Constitutional rights to information
The constitutional right of access to information is central to integrated pollution and waste management. The principles of the Open Democracy Bill will be used as the basis for granting access to information in terms of the IP&WM policy.
The Constitution recognises that the provision of information may be a financial and administrative burden on the State and that reasonable measures can be provided to relieve this burden. Mechanisms for establishing the administration of an information system without creating an excessive administrative or financial burden on the State or private sector will be investigated.
Making information accessible
In line with the management philosophy of this IP&WM policy, the government will make available the following types of information:
- Pollution levels in the ambient environment
- The amounts and types of pollution generated and released into the various media from point sources
- Estimates of the total release of non-point source pollutants of concern.
Data will be transformed into useable information by making it readily understandable to those without technical backgrounds and without sophisticated information technology. Mechanisms to give effect to this approach will be investigated as part of the national strategies on pollution and waste.
In addition to pollution release and concentration data, technological and other information is needed to support pollution reduction efforts. The Department of Environmental Affairs and Tourism will collect information on cleaner technology, best available technologies for pollution control and other information that can assist in integrated pollution and waste management. The establishment of a pollution, waste and cleaner technology information "clearing house" or a network of such information sources, will be investigated. Models of similar bodies will be considered, as well as the financing of the structure.
6.3.9 Research and development
Policy development and decision making on pollution and waste management have to be supported by both applied and basic research. This research should be aimed at developing appropriate technologies and methodologies to ensure sustainable resource use, manage impacts and achieve cleaner production. The government will encourage civil society organisations to establish and participate in research programmes aimed at informing their members on important pollution and waste management issues.
The government will give particular attention to research addressing environmental justice concerns, environmental sustainability and administrative efficiency in terms of integrated pollution management.
Areas requiring research include:
- the state of pollution and waste management in South Africa
- cleaner production
- best practice
- monitoring pollution and waste management
- determining pollution indicators
- risk assessment
- economic instruments
- ambient standards
- social aspects relating to pollution and waste management issues, and
- non-point sources of pollution.
All members of society contribute to waste generation and should therefore be part of the solution to the problem of pollution and waste. Mechanisms to increase individuals' and groups' awareness of, and role in waste management will be explored as part of the national strategies on pollution and waste. All sectors of civil society, in particular the following, have a role to play in integrated pollution and waste management:
6.4.1 National Environmental Advisory Forum
In terms of the National Environmental Management Act, the Minister of Environmental Affairs and Tourism will establish a National Environmental Advisory Forum with subcommittees to advise him on environmental issues. A subcommittee for pollution and waste management will be established as a subordinate body to the proposed National Environmental Advisory Forums (see Figure 2). Similar structures will be established to advise the Members of the Executive Council (MECs) at provincial level.
NATIONAL ENVIRONMENTAL
ADVISORY FORUM
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6.4.2 Business and industryThe Department of Environmental Affairs and Tourism will recognise various levels of environmental performance and commitment, and incentives will be developed in consultation with other relevant departments for companies that are willing and capable of exceeding minimum standards.
Government will recognise the role that business and industry will play in enhancing integrated pollution and waste management performance by:
- facilitating full access to available information to enable them to participate from a base of knowledge and expertise
- recognising their status as stakeholders in integrated pollution and waste management issues
- recognising the particular needs of small, micro and medium-enterprises
- ensuring participation, and
- providing encouragement for voluntary initiatives and commitments to continually improve performance in integrated pollution and waste management.
To promote sustainable economic development, the lead agent will establish mechanisms to facilitate the involvement of business and industry and ensure that, as far as possible, the role of business in running internationally competitive enterprises, exercising management responsibilities and judgements, and discharging their duties as corporate citizens in a clear legal framework is protected.
6.4.3 Labour
Workers tend to be in the front line of pollution problems and exposure to hazardous environments. Therefore, government will recognise the role of the labour sector by:
- facilitating full access to information to enable them to participate from a base of knowledge and expertise
- recognising their status as stakeholders in integrated pollution and waste management issues
- facilitating their involvement in national and international processes regarding integrated pollution and waste management
- participating in plant level integrated pollution and waste management, monitoring and auditing
- ensuring access to mechanisms to lay complaints (the so-called "whistle-blower" protection right), which will be protected by law, and
- providing access to available knowledge about the nature and extent of pollution of their place of work.
The lead agent will also provide guidelines, developed in collaboration with labour representatives, for participation in integrated pollution and waste management issues with industry, business and other stakeholders. In addition, measures will be implemented to facilitate participation in integrated pollution and waste management decision making and enforcement, especially where it affects employment.
6.4.4 Community-based organisations
Community-based organisations must have access to integrated pollution and waste management decision making and local information, since many communities live adjacent to polluting industries. Mechanisms and capacity building to ensure their participation will be developed by the lead agent.
Government will recognise the role of communities by:
- facilitating full access to information to enable them to participate from a base of knowledge and expertise
- recognising their status as stakeholders in integrated pollution and waste management issues, and
- ensuring participation.
6.4.5 Non-governmental organisations
Non-governmental organisations have been instrumental in driving the growth of environmental awareness and in advancing the IP&WM policy.Therefore, the government will acknowledge their role by:
- recognising their status as stakeholders in integrated pollution and waste management issues
- ensuring participation
- ensuring full access to information to enable them to participate from a base of knowledge and expertise
- facilitating their involvement in national and international processes in integrated pollution and waste management
- capacity-building, and
- creating channels to address grievances.
- In order to ensure that non-governmental organisations take part, the lead agent will develop mechanisms and capacity building to address their grievances, and involve them in decision making and enforcement.
6.4.6 The public
Recognising the value and potential of a well-informed and committed citizenry for effecting positive change, the Department of Environmental Affairs and Tourism encourages meaningful public involvement in integrated pollution and waste management issues. Public participation in the regulatory process will therefore be expanded using consensus-based approaches and negotiated rule-making. New ways will also be established to make information more directly accessible and relevant to the public, to build capacity and raise awareness of integrated pollution and waste management issues.
6.4.7 Appeals and complaints
Complaints regarding integrated pollution and waste management decisions and/or implementation will initially be routed through the lowest appropriate sphere of government. If this does not achieve the result required by the complainant, the next level of government may be approached. Provision has been made in the National Environmental Management Act for appeals to the Minister in cases where complaints are not resolved satisfactorily.
Once this White Paper on Integrated Pollution and Waste Management for South Africa has been approved by the government, a policy implementation phase will be initiated which will address urgent administrative issues, the National Waste Management Strategy and legislative measures.
The following administrative actions will be attended to as a matter of urgency:
- co-ordination of authorisations
- marine pollution
- water pollution
- air pollution
- domestic and hazardous waste management, including radioactive waste a uniform approach to international conventions
- a uniform approach to standard-setting, and
- a uniform approach to compliance-monitoring
7.2 National Waste Management Strategy
The National Waste Management Strategy focuses on and prioritises goals and objectives, requiring action by government and other parties within the next five to ten years. These priorities form the basis for the Action Plan to address the strategic goals set out in this IP&WM policy.The Action Plans include clear timeframes and budgetary allocations for realising the accompanying objectives. Short-term deliverables from the Action Plan have been included under the goals (Section 5) in this policy.
7.3 Legislative Amendments and Implementation of Legislation
The Department of Environment Affairs and Tourism is currently undertaking a law reform process to identify all the requirements for new and amended legislation pertaining to all aspects of the environment. It is anticipated that this programme will be completed by the end of 2000. The government will consider the ratification of outstanding international convention on integrated pollution and waste management with a view to giving specific legislative effect to them.