Local Government, Environmental Affairs and Development Planning
(1) Whether the 2021 report by Afriforum on the level of compliance of South African solid waste disposal sites has been bought to his attention; if so;
(2) whether the questions used by Afriforum in determining the level of compliance of the various solid waste disposal sites and the eventual scores of the various waste facilities in South Africa, and particularly in the Western Cape, are valid; if not, why not; if so, what are the relevant details;
(3) what is his Department’s role regarding solid waste disposal sites;
(4) whether his Department does regular assessments of the level of compliance by the various sites; if so, to what extend does his Department’s assessments correlate with the findings in the Afriforum report;
(5) (a) what action or steps are available to his Department to ensure compliance of solid waste disposal sites managed by local governments and private institutions in the province and (b) what are the details of the actions undertaken in the 2020/21 financial year where sites were in breach of the relevant legislation;
(6) what is the role of the national Department of Environmental Affairs in ensuring compliance with the relevant legislation?
(1) AfriForum was requested to provide us with a copy of the report so I am aware of their 2021 report;
(2) Any civil action to improve waste facility compliance is supported. There was an improvement from the previous year in the audit methodology utilised by AfriForum. AfriForum used a generic questionnaire comprising of 33 questions for all types of waste management facilities which were assessed, which ranged from waste disposal facilities to material recovery facilities. In my opinion this was not the correct approach. Waste disposal facilities are operated materially differently than other waste management facilities. Some of the generic questions are also not aligned to modern waste management practices and older legislation are taken into account with classification of waste.
The sample size of AfriForum assessment was very small and not representative of all the waste management facilities in the Province (there is total of 315 waste management facilities in the Western Cape). 27 Waste management facilities were audited by AfriForum, representing only 8.6% of the facilities in the Province. A scientific methodology was not followed in determining how many and which facilities will be assessed. This influenced the outcome of the assessment.
However, I agree with the consensus outcome of the assessment, that the compliance of waste management facilities in South Africa in general, as well as in the Western Cape, must be improved;
(3) My Department of Environmental Affairs and Development Planning (DEA&DP) has a legislative mandate in terms of the National Environmental Management Act, Act 107 of 1998 and National Environmental Management Waste Act, Act 59 of 2008 to issue environmental authorisations and monitor compliance of waste management facilities against its environmental authorisations (licences, permits and environmental authorisations);
(4) DEA&DP conducts audits at waste management facilities. 52 Authority audits per annum are conducted by the Department on a rotational basis and this is supported by internal audits by the facility owners and external audits by external auditors. In general, it correlates with AfriForum assessment conclusion that the compliance waste management facilities need attention. The individual assessment of waste management facilities differs because of the difference in the audit methodology utilised;
(5) (a) DEA&DP has the mandate to issue and act on Section 28 directives and Section 31 compliance notices against transgressors through administrative and criminal enforcement actions;
(b) The details of the actions undertaken where sites were in breach of relevant legislation:
Criminal enforcement actions commenced against the owners of the following waste management facilities:
- Alleged non-compliance with waste licence and mediation agreement for Vaalkoppies landfill site against Beaufort West Municipality. Referred to National Prosecuting Authority, agreed in principle to prosecute, awaiting date on court roll.
- Alleged failure to comply with the conditions of a Waste Permit issued to the Kannaland Municipality for the operation of the Ladismith Waste Disposal Facility on 7 September 2018. Referred to National Prosecuting Authority, agreed in principle to prosecute, awaiting date on court roll.
- Alleged failure to comply with the conditions of a Waste Permit issued to the Kannaland Municipality for the operation of the Zoar Waste Disposal Facility on 7 September 2018. Referred to National Prosecuting Authority, agreed in principle to prosecute, awaiting date on court roll.
- Alleged non-compliance with the environmental authorisation for the operation of a Waste Disposal Facility on Erf 2, Nelspoort, Beaufort West. Referred to National Prosecuting Authority, agreed in principle to prosecute, awaiting date on court roll.
- Alleged non-compliance with the conditions of a Waste Management License issued to the Beaufort West Municipality for the operation of the Murraysburg Waste Disposal Facility. Referred to National Prosecuting Authority, agreed in principle to prosecute, awaiting date on court roll.
- Second alleged non-compliance with the conditions of a Waste Management License issued to the Beaufort West Municipality for the operation of the Murraysburg Waste Disposal Facility. Referred to National Prosecuting Authority, agreed in principle to prosecute, awaiting date on court roll.
- Alleged illegal burning of waste and non-compliance with a Waste Management Licence at the Bontebok Waste Disposal Facility located on ERF RE/1, Swellendam. Referred to National Prosecuting Authority. Prosecutor has requested an update; facility has been rehabilitated by the municipality and is now in compliance. Prosecutor to decide whether to prosecute.
(6) The national Department of Forestry, Fisheries and the Environment is the regulatory authority for hazardous waste management facilities in the Province.
