DEPARTMENT
OF ENVIRONMENTAL AFFAIRS AND TOURISM |
2.1.1. Global concern about pollution
The report of the World Commission on Environment and Development showed that measures to reduce, control and prevent pollution needed to be greatly strengthened in both developed and developing countries. In the decade subsequent to that report, significant international efforts have been directed at promoting development that produces less waste and pollution.
Many of these efforts have concentrated on those pollutants of global concern, i.e. those pollutants generated in one country that may affect another country or the planet’s ecological balance. Other international efforts have focused on the protection of less developed countries against environmental exploitation. In 1992, the United Nations Conference on Environment and Development established an agenda (Agenda 21) for world action on the environment and increased international efforts towards sustainable development. These international decisions form the broad context for pollution prevention and waste minimisation in South Africa, and this Integrated Pollution and Waste Management policy is part of the South African government’s efforts to meet the goals of Agenda 21.
Certain international agreements, such as the Framework Convention on Climate Change dealing with greenhouse gases, and the Basel Convention, which addresses trans-boundary movements of hazardous waste, impose specific requirements on South Africa. These requirements are being addressed as part of this Integrated Pollution and Waste Management policy process.
2.1.2. South Africa as part of the world economy
South Africa’s re-integration into the global economy and the international political arena necessitates an improved pollution and waste management system. With the advent of democracy, South Africa’s role and responsibility in the Southern African Development Community and the Southern African Region, has increased. The country’s economic and industrial policy has also turned towards export promotion as a pillar of South Africa’s economic development. This globalisation of the economy has been spurred on by the expanded role of the World Trade Organisation in developing open international markets. South Africa has growing obligations to meet international commitments and to be a globally responsible country.
In response to these political and socio-economic factors, the government will promote an integrated approach to pollution and waste management as a key factor in achieving sustainable development by ensuring that:
2.1.3 International obligations and agreements
Global governance is a dynamic, complex process of interactive decision-making that is evolving and responding to changing circumstances. Although it responds to the specific requirements of different issue areas, governance takes an integrated approach to the question of human survival and prosperity. Effective global decision-making, mainly through international obligations and agreements, builds upon and influences decisions taken locally, regionally and nationally, and draws on the skills and resources of a diversity of people and institutions at many levels. It builds partnerships that enable global actors to pool information, knowledge, and capacities and develops joint policies and practices on issues of concern, such as integrated pollution and waste management. South Africa, therefore, has a moral obligation as a global actor to take cognisance of and become involved in international obligations, agreements and processes.
Some of the international treaties to which South Africa is a party impact specifically on pollution of the water, air and land environments; others are of a cross-cutting nature and impact on all three media. The obligations imposed under these international treaties and their implications for integrated pollution and waste management are given in Appendix 1.
There are 26 international agreements (17 conventions, 4 protocols, 3 treaties, 2 agreements) which pertain to integrated pollution and waste management. Of these 26 agreements, 19 have been acceded to or ratified by South Africa.
The following South African legislation fully or partially covers 12 of these international agreements:
2.2.1 The Constitution
The adoption of a democratic Constitution has made the government accountable to the people. The Constitution sets out the legislative and executive authority of different spheres of government within a framework of co-operative governance.
The Constitution (Act 108 of 1996) is relevant to pollution and waste management for two reasons. Firstly the Bill of Rights (Chapter Two of the Constitution) contains a number of rights relevant to integrated pollution and waste management. To the extent that an act or particular statutory provision does not uphold these rights, it is unconstitutional.
Secondly, the Constitution provides the legal basis for allocating powers to different spheres of government, and is thus relevant to the institutional regulation of integrated pollution and waste management.
Sovereignty
The Constitution states that South Africa is a sovereign, democratic State based on the values of human dignity, equality, non-discrimination, the rule of law and universal suffrage. In terms of environmental management, it is important to recognise that sovereignty includes the ability to limit sovereign powers by entering into international agreements where the need arises.
The Bill of Rights
The most pertinent fundamental right in the context of integrated pollution and waste management is the Environmental Right (s 24) which provides that:
"Everyone has the right
(i) prevente conservation; and
(iii) secure ecologically sustainable development and the use of natural resources while promoting justifiable economic and sociat pollution and ecological degradation;
(ii) promol development".
This section of the Bill of Rights guarantees the people of South Africa the right to an environment not detrimental to human health or well-being, and specifically imposes a duty on the State to promulgate legislation and take other steps to ensure that the right is upheld and that, among other things, pollution and ecological degradation is prevented.
Health Care, Food, Water and Social Security (s 27)
This provision in the Constitution upholds the right to water, amongst other things. It essentially envisages an equitable allocation of resources and, by implication, resources of an acceptable quality.
Access to Information (s 32)
The Bill of Rights enshrines the right of access to information held by the State, or any other person which is required for the exercise of any right. The section imposes a duty on the State to enact legislation to give effect to the right. This Integrated Pollution and Waste Management policy includes provisions concerning access to information insofar as it relates to future integrated pollution and waste management legislation.
Just Administrative Action (s 33)
The Constitution protects the right to fair, lawful, reasonable and procedurally fair administrative action and provides that where administrative action has adversely affected rights, written reasons must be given. This right is important, for example, where permits authorised in terms of integrated pollution and waste management legislation are refused. However, in terms of Section 23 of Schedule 6 of the Constitution, this clause has not yet come into operation.
2.2.2 Draft White Paper on Environmental Management Policy for South Africa
The Draft White Paper on Environmental Management Policy for South Africa is an overarching framework policy. Through the Draft White Paper on Environmental Management Policy the government undertakes to give effect to the many rights in the Constitution that relate to the environment, as well as those relating to governance, such as the legal standing of parties, administrative justice, accountability and public participation. Furthermore, the Draft White Paper on Environmental Management Policy for South Africa defines the essential nature of sustainable development as a combination of social, economic and environmental factors. It takes ownership of sustainable development as the accepted approach to resource management and utilisation, thus entrenching environmental sustainability in policy and practice.
The vision of the Draft White Paper on Environmental Management Policy for South Africa is one of a society in harmony with its environment. The policy seeks to unite the people of South Africa in working towards a society where all people have sufficient food, clean air and water, decent homes and green spaces in their neighbourhoods, enabling them to live in spiritual, cultural and physical harmony with their natural surroundings.
The Draft White Paper on Environmental Management Policy for South Africa sets a number of objectives for integrated pollution and waste management which will be addressed in this Draft White Paper on Integrated Pollution and Waste Management for South Africa. These objectives are:
This Integrated Pollution and Waste Management policy is driven by a vision of environmentally sustainable economic development. This vision promotes a clean, healthy environment, and a strong, stable economy. By preventing, minimising, controlling and remediating pollution and waste, the environment is protected from degradation. By increasing the use of cleaner production technologies, avoiding accidental and operational releases and reducing the non-productive costs of treatment, disposal and clean-up, a more efficient and competitive economy and a healthier environment will be established.
The South African government is committed to a programme of sustainable development that will deliver basic environmental, social and economic services to all, without threatening the viability of natural, built and social systems upon which these services depend.
2.2.3 Reconstruction and Development Programme
The Reconstruction and Development Programme articulates the need to follow a path towards sustainable development. It affirms the need to manage economic development and human growth in such a way that the earth's life support systems are not damaged or destroyed.
In addressing environmental issues, the Reconstruction and Development Programme recognises the need for government to work towards:
The approach to environmental protection has been broadened to reflect the value that must be placed on the country’s natural resources and a wide range of instruments is being developed to assist in achieving the objectives of sustainable development. The government in its move to sustainable development, is investigating the use of measures additional to legal and regulatory mechanisms.
2.2.4 Growth, Employment and Redistribution Macroeconomic Strategy
The key principles of the Reconstruction and Development Programme are re-emphasised in the Growth, Employment and Redistribution Macroeconomic Strategy, which guides economic actions in South Africa.
The long term view of the Growth, Employment and Redistribution Macroeconomic Strategy is:
The macro-economic strategy for rebuilding and restructuring the economy is in line with the goals set in the Reconstruction and Development Programme. In the context of this integrated economic strategy, South Africa can successfully meet the related challenges of satisfying basic needs, developing human resources, increasing participation in the democratic institutions of civil society and implementing the Reconstruction and Development Programme in all its facets.
The Growth, Employment and Redistribution Strategy aims to boost economic growth by lowering protective barriers in a number of industrial sectors, promoting small and medium size industry and greater integration with the countries in the Southern African Development Community, as well as by creating an internationally competitive manufacturing industry. The strategy also emphasises that the South African economy cannot grow merely through exploitation of crude natural resources.
The Growth, Employment and Redistribution Strategy also states that the provision of basic household services is a relatively low-cost and effective form of public intervention in favour of the poor and consistent with the reduction of income inequalities. The universal provision of basic household waste removal services, as outlined in this Integrated Pollution and Waste Management policy, is therefore in accordance with the Growth, Employment and Redistribution Strategy and provides an area of synergy between macro-economic policy, waste management, health protection, and the redistribution of resources.
2.2.5 Legislation
The Deputy Minister of Environmental Affairs and Tourism has initiated a legal review of all legislation pertaining to environmental management. This review will include recommendations regarding the legislative reforms required to give effect to this Draft White Paper on Integrated Pollution and Waste Management for South Africa.
The participative process conducted in the development of this Integrated Pollution and Waste Management policy identified a number of issues relevant to the three receiving media, i.e. water, air and land, as well as waste as a major source of pollution. This Integrated Pollution and Waste Management policy was developed to address these issues.
The key water pollution issues are set out below.
Salinisation of fresh waters
The salinity (the salt in the water) of the fresh waters of South Africa varies substantially depending on background geology and atmospheric deposition. Man-made salinity impacts include: discharge of municipal and industrial effluents; urban storm water runoff; surface mobilisation of pollutants from mining and industrial operations; seepage from waste disposal sites, mining and industrial operations; and irrigation return water. Increasing salinity is a problem in several catchments. The impacts of salinisation include reduction in crop yields; increased scale formation and corrosion in domestic and industrial water conveyance systems; and increased requirement for pre-treatment of selected industrial water uses (such as boiler feed water).
Enrichment of fresh water bodies by plant nutrients
The accumulation of nutrients (e.g. phosphate and nitrates) in water bodies, in excess of the natural requirements, results in nutrient enrichment (eutrophication). Nutrient enrichment impacts on the water environment as follows: the composition and functioning of the natural aquatic biota, as well as the attractiveness for recreation and sporting activities; the presence of toxic metabolites; the presence of taste- and odour-causing compounds; and difficulty in treating polluted water for potable and industrial purposes. Sources of the nutrients that cause eutrophication include indiscriminate use of agricultural fertilizers and the discharge of sewage effluent into water bodies.
Microbiological quality of water
Human settlements are the major source of deteriorating microbiological water quality. Disease-causing micro-organisms and parasites enter the water environment as partially treated sewage effluents, seepage and wash-off from inadequate sanitation, and leachate from waste disposal systems. In rural areas and poorly serviced urban areas, water resources are inadequately protected from sources of pollution including, but not limited to, dumping of wastes into water bodies; animals defecating in the catchment of rivers; and poor sanitation practices. Water sources particularly badly impacted are rivers downstream of large cities.
Sediment and silt migration
Many South African rivers carry a naturally high suspended solids load, reflected by high turbidity. Apart from the natural sources, there are many man-made 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. A high load of suspended solids impacts on the light penetration of water, changes natural productivity and affects the natural balance of predators and prey in biotic communities.
Harmful inorganic and organic compounds
South Africa is highly industrialised and hence at times carries the burden of industrial pollution. Examples are: elevated concentrations in water of trace metals, such as aluminium, iron manganese, lead, copper, cadmium as well as radio nuclides. In addition to these inorganic pollutants, there are also a large number of synthetic organic pollutants. These compounds can be classified as carcinogenic, teratogenic and mutagenic. Concern is not only for the potable use of water (these compounds typically are not amenable to removal by conventional water treatment technology), but also 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.
Diffuse water pollution
Sources of serious diffuse water pollution include: pit latrines; industrial seepage; agro-chemicals in soil fertilizers and insecticides; run-off from farm lands; and contamination from animal wastes, informal settlements, and leaking sewage pipes.
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, results in marine pollution. Off-shore, air-lifting operations result in underwater sediment plumes which have a detrimental affect on marine organisms. In the near shore area there is increasing concern over the extensive relocation of sand dunes. Oil tankers continue to navigate around South Africa’s coastline with oil spills which cause devastating environmental damage. Oil transfers (bunker oil) in harbours periodically result in spills. Diffuse source pollution through the seepage of sewage into coastal waters, partly as a result of increasing urbanisation in many coastal cities, is a source of concern, as is point source pollution, exemplified by sewage and industrial effluent discharge pipelines off the South African coast.
Air pollution sources include: pollution from mines, agriculture, domestic waste, industries, internally confined areas, non-electrified areas, vehicle emissions, crop spraying, smokers, low grade coal, domestic cooking, the burning of garden refuse, burning sugar cane, veld fires and veld burning, dust from roads and uncontrolled industrial emissions.
South Africans generally suffer from air pollution caused by the following compounds: particulates, sulphur oxides, nitrogen oxides, volatile hydrocarbons, carbon monoxide and dioxide, as well as obnoxious odours.
Asbestos air pollution has been recorded in a number of provinces. This form of pollution results from existing as well as decommissioned installations. The presence of asbestos in the environment to which the public is exposed, can result in incurable ailments such as asbestosis and mesothelioma.
Industrial and domestic fuel combustion
The highest levels of air pollution at ground level are found in black townships. The use of coal stoves for cooking and heating in these areas causes air pollution well above safety levels. Attempts to solve this problem have failed for a number of reasons, viz. 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 and mitigation of air pollution, as well as the use of alternative mechanisms and technologies. Larger local authorities have made significant progress in reducing air pollution in the city centres and the more affluent residential areas. Unfortunately, the increasing number of sources of pollution and rapid urbanisation is making further progress difficult. New difficulties like informal settlements and trader fires are developing, while encroachment by industry on residential areas remains a problem.
Dust problems
Sources of dust include construction, agricultural and industrial activities. Dust from untarred roads in a large number of rural villages is a significant air pollution problem.
Vehicle emissions
Vehicle emissions from transport trucks using diesel fuel and domestic vehicles contribute significantly to air pollution. Increasing dependence on private vehicle ownership and use has exacerbated the problem.
Air pollution control
The following are the significant deficiencies perceived in current air pollution control:
In addition, there is a lack of transparency in all aspects of air pollution control, ranging from the extent of emissions, through the width of implications of best practicable means, to the control strategies, planning input and monitoring of implementation. Air pollution control must also take account of the growing international concern with the issue of climate change.
Noise pollution
Noise pollution is viewed as an escalating problem and there is little practical means of remedying the situation in terms of current regulatory structures. Examples of noise pollution sources include traffic, construction, mining and industrial activities.
Waste disposal sites, especially those containing hazardous, medical, and veterinarian waste, may result in land pollution problems. Other problem areas include the siting of waste disposal sites, leachate, a lack of proper management of waste disposal sites, waste disposal sites located too close to residential areas, illegal waste disposal sites, a lack of suitable hazardous waste disposal sites and poor town planning. Cemeteries in unplanned settlements also create problems, such as water seepage from graves. Furthermore, land is contaminated by industrial pollution, pesticides, ash disposal, mining and sludge disposal. Other issues include spillages, incompatible land uses exposing sensitive environments to hazards and the pressure of overpopulation on land resources.
Major sources of land pollution include:
Mining related activities also cause soil pollution and contribute to contamination of land: the seepage of acid water from gold mine dumps, which result in increases in sulphates and a lowering of the soil pH; leachate of acid water from oxidising shales of coal mine tailings; mining effluent as a significant source of land salinisation; uranium dumps in a number of provinces; and radioactivity in mine dumps.
Key issues relating to pollution and waste are detailed below.
Lack of priority hitherto afforded to waste management
In the past, waste management was not afforded the priority it warrants as an essential function required to prevent pollution and protect the environment and public health. Consequently, insufficient funds and human resources were allocated to this function. In many instances this neglect has resulted in a lack of long term planning, a lack of information, a lack of appropriate legislation and a lack of capacity to manage the waste stream. An example of the lack of long term waste planning is the failure to make provision for waste processing and disposal sites in physical land use and development decision-making. The lack of information is manifested in insufficient data on waste generators, waste generation and waste disposal sites which makes waste management difficult.
Fragmented legislation and ineffective enforcement
Waste management legislation is currently fragmented, unfocussed and ineffective. There is a resultant lack of control in all aspects of waste management: for example, there are no national minimum standards for the provision of waste collection services. In addition, on account of a lack of capacity on the part of the government, the enforcement of existing legislation is frequently unfocussed, especially with regard to waste disposal. Another area of concern is the importation and exportation of hazardous and radioactive waste. Whether overseas or Southern African Development Community countries are involved, the necessary policy and legislation on integrated waste management are currently lacking and urgently required.
Unacceptable safety, health and environmental standards for pollution and waste management
Environmentally and socially unacceptable standards currently characterise many aspects of waste management, particularly in rural areas, where services are often non-existent. In many urban communities which have always had poor quality services, these services have collapsed as a result of non-payment and poor budgeting and financial planning.
Examples of environmentally and socially unacceptable standards include:
The absence of integrated waste management options
The focus to date has been on waste disposal and impact control. Concerns expressed in this regard include:
Integrated waste management is recognised internationally as addressing these criticisms by focusing on four internationally recognised steps, i.e. waste avoidance (prevention and minimisation), resource recovery (recycling and re-use), waste treatment, and waste disposal.
Insufficient involvement of and empowerment of people
A major concern is the health and safety of workers, especially the vulnerability of contract workers/temporary workers, exposed to general pollution, hazardous substances and waste in the workplace.
Education and communication channels between sectors, especially government and civil society, are considered to be inefficient and inadequate. Ignorance of the importance of integrated pollution and waste management has resulted in communities being apathetic about combating the effects of pollution and waste, as they are not aware of the connection between poor pollution and waste management and disease. A lack of a right to know, secrecy and misinformation have also been major contributory factors to these issues not being taken up vigorously.
Identifying and consulting with interested and affected parties and stakeholders, and involving them in pollution and waste management related decision-making is difficult. Issues to be addressed should include stakeholder representation and the allocation of the responsibility for finding solutions to pollution problems, since there are no appropriate guidelines for public participation by authorities and communities.
There is also a general lack of capacity building and empowerment with regard to integrated pollution and waste management, i.e. from generation, through collection and transportation to final disposal. There is thus a need for capacity building at all levels and in all sectors.
Contents
Chapter 1 Chapter
2 Chapter 3 Chapter
4
Chapter 5 Chapter 6 Chapter
7 Appendicies