Local Government, Environmental Affairs and Development Planning
Whether any investigations with regards to the Compliance and Enforcement of air quality in the Western Cape have been done between April and June 2015; if not, why not; if so, how many investigations (a) have been finalised and (b) are still pending?
The Department of Environmental Affairs and Development Planning (DEA&DP) has been investigating and monitoring compliance in the Province in terms of Section 28 (Duty of Care) of the National Environmental Management Act (107 of 1998), as well as the National Environmental Management: Air Quality Act (39 of 2004; NEM:AQA), with regards to person(s) who, amongst other:
- conducts unlawful Section 21 Listed Activities or contravenes the NEM:AQA as it relates to controlled emitters, controlled fuels, noise, dust or offensive odour; and / or
- contravenes or fails to comply with a condition or requirement of an Atmospheric Emission Licence (AEL).
During April and June 2015, the DEA&DP’s Directorate Air Quality Management handled 19 cases as it relates to the compliance and enforcement of air quality in the Western Cape. In terms of co-operative governance, the cases were either jointly investigated with Municipalities or other Directorates in the Department, who were subsequently advised on air quality regulatory procedures to follow, where required.
All 19 cases have been addressed and finalised by the Directorate Air Quality Management in terms of responses and / or advice given on the required compliance and enforcement action to be taken at the time. The nature of some cases is complex; in such circumstances, administrative justice was applied, where industries were given an opportunity to bring their facilities into compliance; failing which, further enforcement action will be taken, where required.
A summary of the cases, categorised as either complaints, joint enforcement action or AEL compliance inspections, are provided below:
|
Category |
Region |
No. of cases |
Nature of investigation |
Date of report or investigation |
|
City of Cape Town |
1 |
Noise: Hout Bay Responded to a complaint of alleged excessive noise from a facility in Hout Bay. Case was finalised with the City of Cape Town’s Specialised Health unit. |
12 May 2015 |
|
Overberg |
1 |
Noise: Caledon Responded to a complaint regarding excessive noise emanating from an alleged trance party in the Caledon area. Case was finalised with Theewaterskloof Municipality. |
12 May 2015 |
|
City of Cape Town |
1 |
Odour: Hout Bay Responded to a complaint related to odour in Hout Bay. Information was provided to the complainant; case was finalised. |
18 May 2015 |
|
Central Karoo |
4 |
Odour: Beaufort West Conducted joint enforcement operations “Blitz” with the Directorate Environmental Compliance and Enforcement, and other Provincial and National Departments, related to odour and waste at four facilities in Beaufort West. The DEA&DP issued a Pre-Directive and a Pre-Compliance Notice in order to bring facilities to comply with its environmental authorisations. Directives to be issued if compliance is not demonstrated within a given timeframe. |
20 May 2015 |
|
West Coast |
1 |
Dust: Saldanha Bay Responded to a complaint regarding discolouration of property in Saldanha Bay. DEA&DP investigated the matter with WCDM and Saldanha Bay Municipality (air quality and law enforcement) in terms of dust handling at the facility. The Municipality was advised to institute their bylaws to manage dust in the area. |
28 May 2015 |
|
Cape Winelands |
1 |
Odour: Hex Valley DEA&DP, Breede Valley Municipality and CWDM investigated odour associated with a composting activity in the Hex Valley area. The Breede Valley Municipality was advised to institute their bylaws to manage odour nuisance in the area. |
01 June 2015 |
|
Overberg |
1 |
Dust: Swellendam DEA&DP and Swellendam Municipality investigated a dust related and fire hazard complaint at a local sawmill. The Municipality issued a Notice to the facility to undertake appropriate remedial action. |
01 June 2015 |
|
West Coast |
1 |
AEL compliance: Saldanha Bay DEA&DP and WCDM held a review and site inspection to verify a facilities’ compliance to its Provisional AEL conditions. The facility is required to demonstrate compliance with its environmental authorisations. Pre-Directive to be issued if compliance is not demonstrated within a given timeframe. |
10 June 2015 |
|
Eden |
7 |
Dust: George DEA&DP held a Joint Enforcement Action (blitz) at seven sawmill facilities in George on 18 June 2018. Directives and spot fines were issued to non-compliant facilities and possible criminal legal action for the non-compliance with AELs is pending. Directives to be issued if compliance is not demonstrated within a given timeframe. |
18 June 2015 |
|
Eden |
1 |
AEL compliance: George DEA&DP and Eden District Municipality held a review and site inspection to verify a facilities’ compliance to its Provisional AEL conditions in George on 17 June 2015. The licence holder has been informed of the findings and given an opportunity to respond. Pre-Directive to be issued if compliance is not demonstrated within a given timeframe. |
17 June 2015 |
