Minister of Local Government, Environmental Affairs and Development Planning
(a) What is his Department doing to ensure that local municipalities comply with their responsibilities regarding (i) the monitoring and control of littering, (ii) the burning of waste and (iii) the uncontrolled salvaging of waste from landfill sites; (b) what is his Department doing to enforce and update by-laws to prevent (i) littering, (ii) the burning of waste and (iii) the uncontrolled salvaging of waste from landfill sites; (c) what steps is his Department taking against municipalities that are not complying with these requirements?
[a][i] The control of littering is a municipal competency and the Department play an advisory role. Assistance and technical advice is given to municipalities regarding littering via the Waste Management Officers’ Forum as well as through awareness programmes such as the Waste Management in Education (WAME) Programme, development of material which can be utilised by municipalities for education and awareness and the training of the Youth Jobs in Waste workers who are utilised by municipalities to create awareness amongst its communities.
During the evaluation of the provincial leg of the Greenest Municipality Competition littering is also taken into account when municipalities are evaluated and this aspect is brought to the attention of the municipalities in the evaluation report.
[b](ii] The burning of waste is seen as a serious offence because of the environmental and health impact. If it is reported to the Department as a complaint or detected as part of authorities audits law enforcement actions are taken immediately.
[iii] Uncontrolled salvaging on the active work faces of waste disposal facilities are not tolerated because of the occupation health and safety risks to the salvagers. It is, however, a very complex problem to manage because it is also a socio-economic problem. The Department works closely with municipalities to address the uncontrolled salvaging on active work faces at waste disposal facilities and forms part of the compliance audits undertaken by the Department.
[b][i], [ii] and [iii] The enforcement of by-laws is a municipal responsibility. The Department drafted a model waste management by-law for municipalities in the previous financial year which is now in the process of being legally vetted. This by-law is aligned with the most recent waste management legislation, provides municipalities with integrated tools to improve waste management and allows easier access to the waste for the private sector. Municipal waste management staff is also trained as Environmental Management Inspectors by the Department and is designated to also utilise the enforcement tools in the National Waste Management: Waste Act.
The Department also improved compliance monitoring of waste management facilities with the introduction of a three colour performance rating system [non-compliant = red with compliance % between 0 and 64; partial compliant = amber with compliance % of between 65 and 84 and compliant = green with compliance % between 85 and 100]. The internal audits and external audits which are prescribed in the environmental authorisation are also aligned with the departmental audit protocols to improve compliance.
[c] Internal, external and authorities audits are rigorously followed up and technical assistance is given to municipalities to address non-compliance. Continued non-compliance is dealt with enforcement action. Administrative and criminal law enforcement action is instituted where needed irrespective if the non-compliance is in the private or local government sector.
