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Discussion Document Towards a White Paper on Integrated Pollution Control and Waste Management 

May 1997

Department of Environmental Affairs and Tourism

Department of Water Affairs and Forestry  

PREFACE

The purpose of this document is to provide a basis for developing a policy which will lead us along the path of integrated pollution control and waste management to ensure that all South Africans, both now and in the future, will have an environment which always caters for their well being. The participation of every resident of this country - through all levels of government, business, industry, labour, community based organisations and non-governmental organisations - is central to the effective development of policy and its implementation. All South Africans have a role to play in the national efforts to achieve a cleaner environment.

In the process of transforming South African society, one of the priorities stated is that the government "must ensure that all South African citizens, present and future, have the right to a clean and healthy environment". An important area of concern as regards impact on the biophysical and social environment, is pollution and waste.

Ever incrasing urban and industrial development throughout the world is leading to levels of pollution which seriously threaten the natural environmental media (water, air and land/soil) upon which mankind depends for its survival. The Reconstruction and Development Programme (RDP base document), also states that existing environmental policies in South Africa allow, in some cases, for sub-optimal use of natural resources, and unacceptably high levels of air and water pollution. South Africa has extensive environmental legislation regarding pollution control and waste management. However, responsibility for the implementation is scattered over a number of departments such as Environmental Affairs and Tourism and Water Affairs and Forestry, amongst others.

The Departments of Environmental Affairs and Tourism and Water Affairs and Forestry have therefore jointly undertaken to develop an Integrated Pollution Control and Waste Management policy for South Africa. This policy will set the framework within which a regulatory framework consisting of institutions, functions and legislation can be developed for integrated pollution control and waste management.

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The Consultative National Environmental Policy Process (CONNEPP) will produce a framework for environmental management within which the Integrated Pollution Control and Waste Management (IPC & WM) regulatory approach will operate.

All interested and affected parties are encouraged to take part in the process and bontribute to the development of a policy on integrated pollution control and waste management.
 

PUBLIC PARTICIPATION

The formulation of an Integrated Pollution Control and Waste Management (IPC & WM) system was commissioned during 1994 by the Ministry of Environmental Affairs and Tourism. Since waste management is the responsibility of the Department of Water Affairs and Forestry, the Department decided to join the Department of Environmental Affairs and Tourism in the development of the policy.

This discussion document is a further step in the consultative process to ensure that all stakeholders are given the opportunity to participate in the process. The MECs for Environment in the provinces have undertaken to workshop this document within the provinces. The inputs received will be used to draft the White Paper.

You are therefore requested to participate in the development of the White Paper for Integrated Pollution Control and Waste Management by raising your views at the workshops or through direct submissions to the Department of Environmental Affairs and Tourism (DEAT). When commenting please state the specific chapter and section in the discussion document you are referring to. Comments should reach the Department no later than 25 July 1997.
 

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Further information can be obtained from Dr Suzan Schlemmer at:

Postal Address:
Dept Environmental Affairs and Tourism
Private Bag X447
Pretoria
0001

Physical address:
315 Pretorius Street
c/o van der Walt Street,
Pretoria

Telephone: 012 310 3646
Fax: 012 322 6287
E-mail: bes_ss@ozone.pwv.gov.za

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EXECUTIVE SUMMARY

This Discussion Document introduces the topic of integrated pollution control and waste management and highlights the reasons for and significance of developing a holistic policy in this regard.

The three cornerstones used in the development of the policy are:

• constitutional rights
• a shift to sustainable development,
• meaningful involvement of civil society.

The approach is based on receiving media (water, air and soil / land), and cross-media integration.

A situation analysis of the status quo in terms of current pollution control and waste management in South Africa is presented. Key pollution and waste management issues are discussed. The current legal framework for pollution control and waste management is reviewed. International trends are briefly touched on. Institutional and administrative issues are highlighted, as well as the inadequacies in existing information and the limited access to this information.

A vision has been formulated and principles, goals, objectives and key issues for integrated pollution control and waste management are proposed.

To facilitate discussion on a new policy for integrated pollution control and waste management a number of proposals are presented for discussion.

The proposals include:

• an overall approach
• various generic functional institutional models/mechanisms
• regulatory instruments
• environmental information
• possible legislative changes.

A way forward is suggested considering both short and medium term issues.

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To assist the reader a bibliography of references used in the compilation of this discussion document is given, as well as a glossary of terms and the CONNEPP principles as set out in the draft White Paper on Environmental Policy.

Finally, the proposed vision is:

 To ensure sustainable and equitable use of air, water, and soil/land by empowering all South Africans to participate through a holistic approach to the creation, maintenance and management of a clean and healthy environment as envisaged by the Constitution
 

ACKNOWLEDGEMENTS

The contents of this Discussion Document are the product of a team effort of the Integrated Pollution Control and Waste Management Project Committee representing government, non-governmental organisations, community based organisations, COSATU, SANCO, mining, business and industry, and the Drafting Team.
 

PROJECT COMMITTEE
Deputy Minister Peter Mokaba (Chairman) Environmental Affairs and Tourism
Thandi Bosman CBOs
Leon Bredenhann Dept Water Affairs and Forestry
Jenny Hall NGOs
Laura James Labour (Mining)
Tinus Joubert Dept Environmental Affairs and Tourism
Dr John Kilani/Karel van Gessel Mining Industry
Dr Laurraine Lotter Business and Industry
Peter Lukey DANCED (Observer)
Shirley Miller Labour (Industry)
Hilda Mthimunye/Hennie Neethling Local Authorities
Dr Suzan Schlemmer Dept Environmental Affairs and Tourism
Willem Scott Dept Environmental Affairs and Tourism
Albert Wilander Denmark (Observer)

 
DRAFTING TEAM
Dr Herman Wiechers (Lead Consultant) Stewart Scott/Bohlweki Environmental
Errol Cerff CRM International
Michael Goldblatt University of Witwatersrand
Jan Glazewski University of Cape Town

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Sub-Consultants
Newton Adams Catt Associates
Rod Ball Jarrod Ball and Associates
Llewellyn Botha The Environmental Law Consultancy
Dr Mike Cohen CEN Integrated Environmental Management Unit
Thabani Masuku University of Cape Town
Terry Winstanley Private Consultant

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TABLE OF CONTENTS 

Chapter 1 INTRODUCTION TO POLLUTION CONTROL AND WASTE MANAGEMENT IN SOUTH AFRICA

Chapter 2 SITUATION ANALYSIS

Chapter 3 PRINCIPLES, OBJECTIVES AND KEY ISSUES FOR INTEGRATED POLLUTION CONTROL
AND WASTE MANAGEMENT SYSTEMS

Chapter 4 PROPOSALS FOR INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT

Chapter 5 THE WAY FORWARD

Chapter 6 REFERENCES

Chapter 7 GLOSSARY OF TERMS

Chapter 8 PRINCIPLES FROM THE DRAFT WHITE PAPER ON ENVIRONMENTAL POLICY

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  INTRODUCTION TO POLLUTION CONTROL 
AND WASTE MANAGEMENT IN SOUTH AFRICA

1.1 BACKGROUND TO THE INTEGRATED POLLUTION CONTROL
AND WASTE MANAGEMENT PROJECT

Concern with both the detrimental health effects and environmental impacts of sub-optimal management of waste and increasing levels of pollution in South Africa has escalated recently. Although other countries at comparable levels of economic and social development are experiencing similar problems the situation in South Africa, exacerbated by the apartheid legacy, has to be rectified. In particular the inequitable proportion of the pollution burden borne by previously disempowered communities has to be redressed.

The challenge is, therefore, to revise and rearrange the previous haphazard and fragmented laws and uncoordinated institutions to achieve integrated pollution control in South Africa.

Concern about the existing and projected pollution of South African natural resources led the Department of Environment Affairs and Tourism and the Department of Water Affairs and Forestry to initiate a project to:

• review the existing pollution control and waste management system, and
• propose an improved system

This project is intended to assist the above two departments in the development of a White Paper on Integrated Pollution Control and Waste Management.

1.2 APPROACH TO THE PROJECT

A multi-sectoral Project Committee under the chairmanship of Deputy Minister Peter Mokaba was formed to direct the drafting of a Discussion Document by a Drafting Team. The Drafting Team was charged with producing a Discussion Document which would be subjected to public comment and which would use documents already generated by the Integrated Pollution Control and Waste Management Project and discussions with relevant government departments.

The review of the status quo is divided into two sections, namely a legal review which is available as a separate document entitled "Integrated Pollution Control and Waste Management: Legal Review" and this Discussion Document. The results of the legal review will be used to develop more concrete proposals on legislative and administrative reform as part of the White Paper which will be drafted after completion of the public consultation process.

A vision for Integrated Pollution Control and Waste Management was formulated which is underpinned by the relevant principles from the Draft White Paper on Environmental Policy and additional principles specific to pollution control and waste management. The status quo analysis was then used as a basis to formulate proposals for an improved management system which will take all role-players into account.

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1.3 THE NEED FOR AN INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT POLICY

1.3.1 Constitutional rights

Section 24 of the Bill of Rights in the Constitution of the Republic of South Africa guarantees environmental rights for the people of South Africa.

Section 24 states that "Everyone has the right -

1. to an environment that is not harmful to their health or well-being; and
2. to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that-
   1. prevent pollution and ecological degradation;
   2. promote conservation; and
   3. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development."

In order to give effect to this constitutional right, pollution and waste must be more effectively managed than in the past. To this end, all pollution and waste issues must be managed in an integrated manner. This policy provides proposals for an integrated pollution control and waste management system.

The constitutional right concerning access to information is also central with respect to integrated pollution control.

Section 32 states that

1. "Everyone has the right of access to-
   1. any information held by the state; and
   2. any information that is held by another person and that is required for the exercise or protection of any rights
2. National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state."

It is suggested that consideration be given to the drafting of legislation to give effect to the right of access to pollution and waste information. Furthermore, it is suggested that consideration be given to a means of establishing an administration system for environmental information, without creating too large an administrative or financial burden on the state or the private sector. To satisfactorily meet the spirit of the Constitution such legislation must ensure both that the appropriate information is collected and that it is accessible.

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1.3.2 Shift to sustainable development

Historically, pollution control focused primarily on pollution impact management. In order to achieve sustainable development, this focus should shift to an approach combining waste minimisation, pollution prevention at source and as a last resort, to impact management and remediation.

Pollution prevention aims at reducing risks to human health and the environment by seeking to eliminate the causes of pollution rather than only treating the symptoms. This objective reflects a major shift in emphasis from 'control' to 'prevention'.

Pollution prevention calls for a change, amongst others, in the way:

• mines, manufacturing plants, refineries, and other industrial operations are designed
• transport systems are planned
• authorities and private individuals manage their waste generation and disposal
• farmers use fertilisers and pesticides.

It is clear that effective pollution control is not only focused on installation of abatement or containment equipment in industry, but reflects an understanding of the shared responsibility of all society in protecting South Africa’s natural resources. In order to promote pollution prevention initiatives throughout the country, an integrated pollution control policy is required.

1.4 CIVIL SOCIETY INVOLVEMENT IN INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT

1.4.1 Introduction

Public participation is stressed in every facet of governance. However, there is a lack of implementation mechanisms to facilitate this participation. This policy proposes measures to ensure public participation in general environmental processes, and in specific areas, such as integrated pollution control and waste management.

The proposals in this policy are intended to address the historical lack of emphasis on public participation, particularly at the level of poorer communities. For many years communities have campaigned, especially at the local level, for the right to be recognised and involved in decision-making processes affecting their daily lives. During the CONNEPP process it was agreed that in the area of environmental management the government needed to be a prime facilitator to ensure public participation from all levels of society. With respect to local communities this participation was seen as a two-way process, with government making information available to communities and communities providing government with information on their local needs and priorities as well as participating in community action to improve the environment.

Civil society needs be given its rightful role in the decision making process on issues relating to integrated pollution control and waste management. Civil society has to take up its responsibilities in addition to vigilantly monitoring government. However, in order to make the former possible, capacity building and training will need to form an integral part of a new approach to integrated pollution control and waste management.

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1.4.2 The role of civil society

The "watchdog" and activist roles that civil society have played in the past have been valuable in furthering environmental management and in placing pollution control and waste management high on the public and political agenda. This function of civil society and especially of community based organisations, labour unions, and non-governmental organisations will be promoted within an integrated pollution control policy.

An integrated policy will not only integrate pollution control across media and across government departments, it will also integrate pollution control across the full spectrum of society. Harnessing the energy of civil society in addressing environmental problems will be promoted. In so doing an integrated pollution control policy should encourage voluntary activist actions, such as community environmental policing (for example, stopping illegal dumping); whistle-blowing (for example, reporting environmental transgressions); and informing communities, land-owners and other role-players about environmental problems in their areas. In the process of encouraging such activism the particular constraints of civil society organisations must be recognised and addressed. These constraints include such practical issues as appropriate times and venues for meetings, the provision of information in suitable languages or formats, and other mechanisms to facilitate public participation.

A further role for civil society is to become part of the decision-making process. However, in order to make this role possible, a process of awareness creation coupled with education and training should take place. In addition, civil society should not only look at government to address problems on pollution and waste, but it should it also address this problem itself from grassroots level up.

Specific sections of civil society will have particular roles to play in pollution control and waste management, for example:

1.4.2.1 Labour

Pollution affects workers, communities and the physical environment alike, albeit in different ways and to differing degrees. Workers were fighting workplace pollution long before environmental pollution became the public issue it is today, since workers tend to be at the front-line of pollution problems, and the first exposed to hazardous production processes. For these reasons workers must be integrally involved in the solutions to pollution control problems. In particular, labour must:

• participate in plant level environmental management and environmental audits (when these are required)
• have the right to divulge information to the public, media or government which concerns illegal pollution on the part of an employer, (so-called whistle-blower protection). This right should be specifically protected by law.
• have the right to refuse to pollute in the case of illegal or deliberate pollution, as an extension of the legal right to refuse dangerous work.
• have the right to full knowledge about the nature and extent of pollution of their place of work
• be involved in national and international processes setting broad pollution control policy, especially where this policy may have an effect on the economy and on employment.

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1.4.2.2 Community based organisations

Community based organisations which are involved at the grassroots level of communities and have intimate knowledge of the impacts, and often the sources, of pollutants on their communities and surrounding environment. For this reason, they are a part of civil society that must have access to pollution control decision-making and to local environmental information. In this regard they must:

• have particular access to decision-making processes affecting their communities
• be assisted via capacity building and information dissemination to enable them to participate from a base of knowledge and expertise
• be assisted via practical means (such as access to municipal meeting venues and appropriate meeting times) to participate in pollution control decisions.

 1.4.2.3 Non-governmental organisations

Non-governmental organisations encompass a range of civil society groupings that have a role to play in pollution control. These organisations range from national environmental organisations to locally based groupings, and from organisations covering a wide range of issues to single focus groupings. They thus have particular expertise, and form the major representative of civil society’s views within their particular area of concern. It is for this reason that non-governmental organisations have been so instrumental in driving the growth of environmental awareness and in advancing environmental policy. As is the case with community based organisations, non-governmental organisations must be supported in their roles by:

• having access to decision-making processes within their area of interest and activity
• having full access to information to enable them to participate from a base of knowledge and expertise
• practical means, such as appropriate meeting times, or financial support for attending key international meetings
• recognition of their status as stakeholders in pollution control and waste management issues.

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1.4.2.4 Business and industry

Generally improved environmental performance beyond the level of minimum compliance with statutory requirements is managed and promoted by business and industry associations. Their role in enhancing environmental performance will be recognised by this policy and their continued activities in this regard will be supported by:

• having full access to information so as to enable them to participate from a base of knowledge and expertise
• recognition of their status as stakeholders in pollution control and waste management issues
• having access to decision making processes within their area of interest and activity
• encouragement for voluntary initiatives.

1.5 MEDIA-BASED APPROACH TO THE SCOPE OF THE DISCUSSION DOCUMENT

A criticism of the current pollution control and waste management system is that different approaches and levels of management are afforded the different media. In order to address this criticism, it is deemed necessary to identify the media and the components of each medium which will be addressed by this discussion document in order that none is omitted, and that they are all afforded the same degree of attention.

In addition to dealing with the three fundamental receiving media, consideration is also given to the integration of media. Approaches to integration, as in the case for pollution control, may be divided into philosophical, functional and organisational. These approaches need to be dealt with separately in order to provide resolution. They are, however, inter-related and can thus not be developed in isolation.

The integration of environmental concerns into every area of human activity is central to the achievement of sustainable development. Priority areas for environmental governance include:

· the integration of environmental, social and economic considerations in the development and land use planning processes and structures. This requires the assessment of environmental impacts at policy, planning, programme and project levels.

· an integrated approach to environmental management addressing:

• all environmental media
• all social, cultural and natural resources
• pollution control and waste management

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· overall integration of government environmental functions affecting:

• institutional arrangements
• legislation
• all policies in all spheres of government

Three basic media are identified namely: water, air, land /soil with waste being specifically included as a pollution source.

1.5.1 Water

Pollution control in this medium will cover:

• inland water
• ground water
• estuaries
• marine waters.

1.5.1.1 Water quality management

Issues to be considered in relation to policy implementation include:

• management of storm water from industrial and urban areas
• polluted base flow originating from industrial effluent discharges and seepage from waste disposal sites
• leakage from sewage systems
• non-point and diffuse sources of pollution from agriculture, industry, atmospheric deposition and mining
• the origins and impact of toxic substances in water
• groundwater classification and management
• recycling and disposal of sludges arising from waste water and water treatment plants
• water quality requirements supporting aquatic life systems
• land uses affecting catchment water quality.

In relation to integration, the following technical issues are also of concern with regard to water quality management:

• soil erosion resulting in siltation of reservoirs and high silt loads in rivers
• atmospheric deposition on land and indirect impact on surface and ground water
• windblown dust and solids from tailings deposits and the impact on water quality
• the domestic use of herbicides, pesticides and poisons, and their contribution to contamination of storm water.

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1.5.2 Air

Air pollution control will consider pollution at the local, regional and global scales. The policy will include atmospheric odour generation and control and indoor air pollution apart from occupational health exposures.

1.5.2.1 Air quality management

Air pollution sources include:

• smoke arising from coal and fuel burning
• vehicle emissions
• dust arising from mining and industrial activities
• incinerator emissions
• various sources of greenhouse gases.

In relation to integration, the main issues relate to:

• the pollution of water when scrubbing air
• the disposal of solid waste from air pollution abatement
• the deposition of residual air pollution after abatement
• the formation of secondary air pollution particulates and deposition.

 1.5.3 Land/soil

Only soil pollution/ contamination will be covered under the ambit of this medium. The loss of arable land through compaction and alien invasion will not be addressed. Soil erosion will not be covered per se except under water when it is regarded as a pollutant.

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1.5.3.1 Land/soil quality management

In addition to the current emphasis, on the one hand, on the control of herbicides and pesticides, and, on the other hand on, the protection of land for agricultural use, a number of technical issues relating to integration should be considered:

• the impact of agricultural chemicals such as pesticides, herbicides, and fertilizers on surface and ground water quality
• the impact of organic agricultural wastes on ground and surface water quality
• the impact of soil erosion and agricultural management practices on water quality
• soil pollution from liquid effluent disposal via irrigation
• land application of sewage sludge
• the impact of industrial activity on ground and surface water quality

In relation to integration the main issues to be considered are:

• the impact of soil pollution on water quality
• the relationship between the Department of Agriculture and pollution control authorities.

 1.5.4 Waste

The policy on waste management will cover the following categories:

• domestic waste
• commercial waste
• agricultural waste
• mining waste
• industrial waste
• nuclear waste
• medical waste.

 1.5.4.1 Waste management

Although all pollution can be considered waste, the solid waste which eventually ends up in landfills and tailings dams is considered separately.

The most important technical consideration is defining:

• the scope of waste management
• the relationship between hazardous waste management, the control of hazardous substances, integrated waste management and integrated pollution control
• an appropriate classification system which not only distinguishes between hazardous and non-hazardous waste, but which classifies waste by sector and type and provides for appropriate control
• an approval system for land-based disposal of all waste classes
• appropriate levels of regulation for all types of waste applicable to waste generators, transporters, disposal sites, importation and exportation, and treatment and incineration.

The policy on waste management will facilitate implementation of the following hierarchy of objectives which serve to minimise the adverse impacts of the inevitable process of waste generation:-

• waste minimisation
• waste avoidance
• recycling and reuse
• treatment and handling
• storage and final disposal.

Although three media are recognised in this discussion document, true integration requires that they be addressed as interactive systems. To this end, the cross linkages between the media will be detailed as well as the implications these linkages have to management and control of polluting substances and activities. Furthermore, both diffuse and point sources of pollution will be considered.

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SITUATION ANALYSIS

2.1 KEY POLLUTION ISSUES IN SOUTH AFRICA

South Africa today is a developing country faced by a by range of pollution and waste problems. The key pollution issues which need to be addressed are outlined for the different media.

2.1.1 Water Quality Problems

Water quality is determined by chemical and microbiological constituents, and the physical attributes (e.g. temperature) of the water. With increased development in South Africa, the country’s water resources are becoming increasingly polluted. The main problem areas, all of which ultimately have economic as well as environmental impacts, are discussed below.

2.1.1.1 Salinisation

Salinity refers to the total dissolved inorganic compounds in the water. The salinity of the fresh waters of South Africa varies substantially depending on background geology and atmospheric deposition. Anthropogenic effects on salinity include: discharge of municipal and industrial effluents; irrigation return water; urban storm water runoff; surface mobilisation of pollutants from mining and industrial operations; and seepage from waste disposal sites, mining and industrial operations. Increasing salinity is a problem in several catchments, but particularly in the Vaal River catchment.

Little information is available on the direct impact of salinity on freshwater ecosystems and biota. Increased salinity affects most of the water users, with the impacts including salinisation of irrigation soils; reduction in crop yields; increased scale formation and corrosion in domestic and industrial water conveyance systems; and increased requirement of pre-treatment of selected industrial water uses (such as boiler feed water).

2.1.1.2 Enrichment by plant nutrients

Aquatic biota and plants require certain nutrients for normal growth and reproduction. The most essential macro nutrients include nitrogen and phosphorus in various forms. The accumulation of nutrient compounds in excess of the natural requirements results in nutrient enrichment (eutrophication) and may impact on the composition and functioning of the natural aquatic biota. The excessive growth of certain selected species (e.g. algae), modifies the physical and chemical properties of water resulting in direct and indirect impacts on users. Eutrophication impacts relate mainly to the attractiveness for recreation and sporting activities; the presence of toxic metabolites; the presence of taste- and odour-causing compounds; and difficulty in treating the water for potable and industrial use.

The aquatic biota may not be sensitive to the plant nutrients as such, but may be affected by the consequences of eutrophication. The natural biotic system may be disturbed by the modification of the water’s physical characteristics (such as lower light penetration) and modification to the natural water chemistry (e.g. lower oxygen stress, elevated pH). Chronic to acute toxicity at elevated concentrations of trace metals in sensitive aquatic biota is also a consequence. Some aquatic organisms may be more sensitive than others to the presence of trace metals.

Anthropogenic sources of trace metals may include industrial discharges (e.g. metal finishing and plating industries), mine drainage and atmospheric deposition (lead from vehicle emissions).

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2.1.1.3 Microbiological quality

Microbiological quality, in terms of the presence of disease-causing micro-organisms and parasites, is a matter of concern. Recreational and potable users of water rely on access to safe water. Theirs is a major concern in the national drive to provide reliable and safe sources of water to all.

Human settlements are the major source of deteriorating microbiological water quality. Micro-organisms and parasites may enter the water environment as partially treated sewage effluents, seepage and wash-off from inadequate sanitation and waste disposal.

2.1.1.4 Sediment and silt migration

The settlement and silt load carried by streams and rivers typically reflects the natural geophysical and hydrological characteristics of the upstream catchment. Many South African rivers carry a naturally high suspended solids load, reflected by high turbidity. In the past, this has not been considered a significant water quality problem, although additional silt loads due to excessive soil erosion are becoming an increasing problem.

High suspended solids and salt loads impact on the light penetration of water, change natural productivity and affect the natural balance of predators and prey in biotic communities. They can also smother natural habitats and disturb specific types of organisms. Siltation of streams and rives can change the viability of riverine vegetation. Additionally, high sediment loads are captured in impoundments and the storage capacity of these impoundments is constantly reduced. Release of silt-laden water from an impoundment can also place a high stress on downstream biotic communities due to abrasion and low dissolved oxygen conditions.

Apart from the natural sources, there are many anthropogenic 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.

2.1.1.5 Harmful inorganic and organic compounds

Natural waters typically contain very low concentrations of trace metals. Elevated concentrations of some trace metals, such as aluminium and iron may arise where mining activities, accidental spillage or contamination lead to the presence of radio nuclides in the water resources. Radiation is regarded as harmful in water, even in small quantities, especially for human consumption and livestock watering.

A large number of synthetic organic compounds are manufactured, some of which are toxic in various forms. The toxicity effects on the aquatic biota can range from chronic to acute and many of these compounds can be classified as carcinogenic, terranogenic and mutagenic. Persistent organic compounds, which may not be biodegradable or are slowly biodegradable, can accumulate in organisms and move up the food chain. Concern is not only for the potable use of water (these compounds typically are not amenable to removal by conventional water treatment technology), but 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.

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2.1.1.6 Oxygen-consuming compounds

Compounds which consume oxygen in natural water bodies include organic compounds, reduced nitrogen forms (ammonia) and reduced sulphur forms (sulphide). These compounds are mainly associated with discharges of partially-treated domestic sewage and industrial effluents as well as urban runoff. The accumulation of degradable organic compounds (such as decaying plant matter) in impoundments can also depress the oxygen content. Low dissolved oxygen levels impact on natural aquatic biota, may liberate offensive taste- and odour generating compounds, requiring pre-treatment for water purification and in general reducing the aesthetic quality of water resources.

2.1.1.7 Thermal pollution

The introduction of warm effluents (including industrial effluent discharges, cooling water blow-down from power stations and mine water discharges) to a natural water body results in thermal pollution. Thermal pollution changes the natural ambient water temperature to above natural levels. The elevated water temperatures affect oxygen solubility and may also increase the biotic toxicity of certain chemicals, both of which increase stress on the environment. Natural aquatic biota may also be sensitive to the influence of temperature on cycles of hibernation and breeding. Unnatural temperature profiles/cycles may therefore disturb and even threaten the survival of aquatic biota.

2.1.1.8 Acidity

The pH of natural waters is determined largely by geological and atmospheric influences. Most fresh waters are relatively well buffered against a change in pH and are more or less neutral with pH ranges around 7-8. pH determines the form and mobility of many chemical compounds and thus, the potential toxicity of water resources (e.g. aluminium is mobilised by acidification). Human-induced acidification in fresh waters is normally the result of industrial effluents, mine drainage and acid precipitation. The metals that are most likely to have negative impacts on users as a result of lowered pH are iron, aluminium, cadmium, cobalt, copper, mercury, manganese, nickel, lead and zinc. Studies on the changes in the acidity of rivers have indicated that fluctuations in pH have a severe effect on freshwater biota. Fluctuations in pH also affect domestic users, industry, mining and agriculture.

2.1.1.9 Other forms of water pollution

Point and non-point pollution as a result of a variety of land use and other activities include - infrastructure development, industrial/mining/manufacturing, human settlements, agriculture, recreation and tourism.

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2.1.1.10 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, result in marine pollution. Off-shore, the air-lifting operations result in underwater sediment plumes which allegedly have a detrimental affect on marine organisms. In the near shore area there is increasing concern due to the extensive relocation of dunes sands. These possibly negative effects are being investigated but have not been categorically proven to date.

Oil and gas installations and operations require particular caution, due to the devastating environmental damage which could result should an oil spill occur - as graphically illustrated in the past. Oil tankers continue to navigate around our coastline with fairly frequent oil spills, requiring the contingency plan developed by the Sea Fisheries Research Institute to be invoked. Oil transfers (bunker oil) in harbours periodically result in spills. South Africa is required under marine pollution conventions to which it is a party (see legal section) to provide reception facilities for used oil as well as for garbage from vessels. The question arises currently who and how is the government going to pay for these expensive reception facilities.

Non-point source pollution through the seepage of sewage into coastal waters, partly as a result of increasing urbanisation in many coastal cities, is an increasing source of concern. Point source pollution is also an increasing concern as exemplified by the SAICCOR industrial effluent discharge pipeline off the KwaZulu Natal coast.

2.1.2 Air

2.1.2.1 Air pollutants

The South African environment suffers from air pollution of the following compounds: sulphur dioxide, nitrogen oxides, volatile hydrocarbons, carbon monoxide, carbon dioxide and chlorinated fluoro-hydrocarbons, as well as particulates.

2.1.2.2 The worst areas for air pollution

The highest levels of air pollution at ground level are found in townships without electricity. The use of coal stoves for cooking and heating in these areas causes air pollution well above safety levels. The Highveld areas of Mpumalanga Province are most affected by the electricity industry with about 64% of Eskom’s total generating capacity concentrated in this area. Eskom has committed itself to electrifying the townships as part of the RDP. This electrification will help to improve air quality in these areas but will require increased generating capacity, increasing the pressure on human health and the environment.

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2.1.2.3 Air pollution hot spots

Merebank is a residential area located 16 km south of Durban. This suburb is bounded by the airport and a complex range of chemical process industries in close proximity to the community of about 4000 persons. The main pollutants are particulates, sulphur dioxide, chromium vapours and toxic chromium, toxic waste dumps, heavy traffic flow, obnoxious odours and noise.

Cape Town experiences seasonal episodes of brown haze during the autumn and winter months from April to August. There are concerns that the brown haze may be intensifying. The primary emissions in the greater Cape Town area range from nitrous oxides, sulphur dioxides, hydrocarbon particulates and the pollution sources are primarily from petrol, diesel, coal and oil combustion.

The Vaal triangle, known as the industrial heart of South Africa, is one of the most diverse for industrial processes in the land. This region is notorious for its atmospheric stability during winter resulting in poor dispersion and dilution of air pollution. Apart from major industrial activities ranging from chemical, petrochemical, power generation (coal-fired power stations) and metallurgical processes, there are approximately 700 000 people using coal as a primary domestic energy source. Soweto, the largest black township in South Africa, is subjected to a severe pollution crisis as a result of domestic coal burning

2.1.2.4 Industrial and domestic fuel combustion

Larger local authorities have made significant progress in the city centres and the more affluent residential areas as demonstrated by the smoke and sulphur dioxide monitoring program in operation since 1958. The increasing number of sources of pollution and rapid urbanisation is however making further progress very difficult. New difficulties like informal settlements and trader fires are developing, while mutual encroachment by industry on residential areas remain general problems. The most pressing problem in air pollution in South Africa at present is the products of combustion in less affluent residential areas, where past attempts at realising a solution have failed. The main reasons for the failure are: 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 of air pollution.

2.1.2.5 Dust control

The control of dust from industries has to date been applied on an ad hoc nuisance basis only. Certain local authorities have addressed dust problems through local by-laws and regulations. Particularly problematic are some of the old mine dumps. This problem is being addressed, for example by the mine dumps program on the Reef, implemented by the GME in consultation with CAPCO. This program has now been augmented by the Environmental Management Program requirements, covering a much wider field.

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2.1.2.6 Vehicle emissions

Diesel vehicle emissions have been controlled by local authorities with varying degrees of success, but certain technical difficulties in testing remain. Petrol vehicle emissions have not been controlled to date, but the extent and nature of emissions have been monitored regularly. The introduction of lead-free fuel in 1996 enables consideration of further control strategies.

2.1.2.7 Air pollution control

The following are the main weaknesses perceived in current air pollution control:

• emissions control based on source control without reference to the receiving environment
• control equipment is poorly maintained with resulting high down time
• lack of prosecution as an indicator of strictness of control measures
• air pollution is not considered in planning the placement of industries and residential areas.

A serious weakness, not in the legislation, but in the execution of air pollution control is the lack of transparency in all aspects, ranging from the extent of emissions, through the width of implications of best practicable means (BPM) to the control strategies, planning input and monitoring of implementation. Air pollution control also needs to take account of the growing international concern with the issue of climate change.

2.1.3 Land/soil

Valuable soil resources are being used as a medium for disposing of increasing amounts of solid waste and effluent, which often contain heavy metals and other elements likely to permanently degrade the soil. Waste from local authorities, industries and informal settlements is the major source of such pollutants. Agriculture is both a producer and consumer of pollution. It contributes about 20 million ton per annum to the total stream of solid waste of 320 million ton per annum. Rough estimates suggest that over 31 000 hectare of soil are severely degraded in this way.

2.1.4 Waste

Waste management practice in South Africa is locked into a pattern which was successful in the past in keeping the cost of waste management far below that in developed countries. Although there are indications that these practices will need to evolve to meet growing present and future needs, almost nothing is currently being done to make this evolution possible. Key issues include the following:

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2.1.4.1 Sources of pollution.

These could be point sources or diffuse sources and could include:

• badly sited, designed or operated landfills (ground and surface water, air, aesthetics, nuisance)
• mine tailings (ground and surface water, air, aesthetics, nuisance, radio-active)
• metallurgical dumps (ground and surface water, air, aesthetics, nuisance)
• mining/strip mining (the above plus general environmental degradation)
• inefficient incineration (air pollution)
• liquid effluent disposal (ground and surface water pollution)

2.1.4.2 Important polluting substances

These include, inter alia, heavy metals, putrescible organic wastes, petroleum products, cyanide, organic solvents, pesticides, landfill leachate and inorganic salts.

2.1.4.3 Affected sectors

All sectors are affected. Poorer communities are, however, more affected because of the apartheid legacy, particularly because of the abuse of municipal landfills by industry and the collapse of services during unrest. The poor also frequently tend to gravitate to waste disposal facilities because they represent a resource base.

2.1.4.4 Waste generation and disposal

The total South African waste stream was estimated in 1991 to be 460 million ton per annum, of which about 374 million ton per annum is generated by the mining industry and is mainly landfilled.

Of the rest, about 22 million tons per annum is industrial waste, the non-hazardous portion being disposed together with urban (i.e. domestic and trade) waste and the hazardous portion being co-disposed with domestic waste in specially designed landfills.

The average generation of domestic and trade waste in South Africa is about 15 million tons per annum or 0,4 kg per capita per day, which is a quarter to a half that in developed countries. About 95% is landfilled and 2,54% is recycled, the rest being littered or illegally dumped.

Other wastes including sewage sludge and waste from agriculture and forestry make up the remaining 49 million tons.

The major concern is that waste generation rates could rise with economic growth and rising standards of living, and quickly exceed the capacity of existing and planned waste facilities.

The focus of present waste management regulation is on landfill disposal. There is no regulation contained within a single Act that deals with other aspects of waste management such as generation, treatment and transportation of waste, principally because policy regarding these aspects does not yet exist.

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2.1.4.5 Progression

The majority of the waste in South Africa, as elsewhere in the world, is disposed of on land. Although waste minimisation is a goal of this policy document, landfills are likely to remain the major means of disposal for the foreseeable future. Landfills in South Africa have historically been badly sited, designed or operated, which has led to adverse impacts on the environment, quality of life and even public health. They therefore represent the logical focus of efforts to control pollution and upgrade the environment.

Prior to 1980 there were some 36 Acts affecting waste disposal, but none, with the possible exception of the Water Act, were able to effectively protect the environment. The Environmental Conservation Act of 1980, however, made provision for registering and permitting of landfill sites, thus ensuring maintenance of standards, although it was only in 1989, with the revision of the Environmental Conservation Act that permitting was actually implemented. In order to implement and enforce the permitting of landfills, however, it was found that consistent standards were required. A series of Minimum Requirements, incorporated in three volumes was consequently commissioned in 1991 and published for comment in 1994 by the Department of Water Affairs and Forestry. The recent publication of an SABS Code of Practice for Mine Residue Deposits has the same objectives as the Minimum Requirements and is expected to have a similar positive impact.

With the evolution of a democratic South African political environment, an increase in environmental awareness, public scoping and participation became important issues in waste management.

On account of the above factors and others, such as the Occupational Health and Safety Act, the standard of landfilling in South Africa has improved significantly in certain areas, specifically in the areas of new landfills and the closure of existing landfills. In other areas, however, (e.g. in existing operating dumps) little real improvement is evident. Waste disposal is consequently in a state of transition, with the legislation in place to improve the situation, but with certain factors and issues requiring consideration in order to progress.

Against the background of progressive development, certain issues emerge that need to be addressed. These are identified and discussed as follows:

2.1.4.6 Thermal Treatment Technology

Incineration of infectious waste has been the main treatment technology in South Africa for many years. It is estimated there are 900 incinerators, most of them small (±50kg/hr), but there are some larger (±250kg/hr) commercial units in operation. Recently, in 1995, medical waste incineration was designated as a scheduled process under the Atmospheric Pollution Control Act. This designation has led to the upgrading of a few incinerators, but currently most still do not conform to the Act, operate at low temperatures (600° C) and are poorly operated.

Incineration and other thermal technologies, such as plasma arc and molten metal technology are well proven technologies for the treatment of chemical and infectious waste, e.g. in Europe and North America. Controlled and well managed incineration with appropriate environmental controls could play an important role in South Africa in the future and many Extreme and High Hazard Wastes could be excluded from landfilling.

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2.1.4.7 Lack of waste minimisation and avoidance initiative

Of concern is the current lack of regulatory initiatives to drive waste minimisation, which offers enormous potential for reducing the hazardous waste problem.

Waste minimisation initiatives, in addition to reducing the potential for pollution from the waste, will reduce the volume of waste which must be landfilled, and in so doing conserve valuable resources and airspace.

2.1.4.8 Opposition to landfilling

There is a low level of public trust in waste management decisions taken by industry, waste companies and the regulatory authorities. Most waste sites are perceived to have been badly located, inadequately designed and poorly operated and controlled. Until public opposition recently started to pose a real threat to waste operations, there was effectively no public consultation.

The legacy from the above mentioned aspects will remain for a long time. Unnecessary waste generation and dangerous practices will continue until some kind of agreement can be reached on satisfactory measures to address the underlying issues.

2.1.4.9 Inadequate waste management technology and practice

Waste management practice in South Africa is locked into a pattern which was successful in the past in keeping the cost of waste management far below that in developed countries. Although there are indications that these practices will need to evolve to meet growing present and future needs, almost nothing is currently being done to make this evolution possible. The following are a few examples of what could be done:

• The composting or digesting of as much as 50% of conventional waste that can be so treated, reducing the volume of waste requiring disposal and perhaps producing a useful product in the process
• Reducing the heavy metals and other toxic pollutants potentially present in sewage sludge, thus making a useful product rather than a waste to be landfilled
• Shared treatment plants for the detoxification or economic recovery of valuable metals from the waste of metals finishing and other small industries
• The separation at source of key toxic or recyclable materials
• The environmentally friendly recovery of or conversion into replacement fuels of organic liquids and other waste materials which are currently being inappropriately landfilled
• The destruction of hazardous organic waste materials that persist in the environment and accumulate in biological food chains, to which inappropriate disposal technology is currently being applied
• Alternatives to the co-disposal of hazardous waste, which use scarce hazardous waste airspace at ten times the rate of dry landfilling, is wasteful of water and causes a hazardous leachate threat.

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2.1.4.10 Lack of long term planning

There is a lack of structure within which long term planning can be done to predict and change waste generation patterns, to encourage useful waste recovery, to foresee needs, to reserve sites for waste processing and disposal, and to establish links with physical land use decision making. Without such planning, the current debate as to whether or not the present situation represents a "crisis" will need to be repeated on an annual basis.

Co-operation between the three spheres of government in national planning needs improvement and planning structures must be put in place to facilitate the required co-ordination.

2.1.4.11 Uncontrolled diffuse waste sources

While there is partial regulation at present of the public sector, the waste industry and the major generators, diffuse waste sources are still effectively unregulated.

2.1.4.12 Poor standards of servicing and facilities

The poor standard of waste collection and disposal services has lead to a high level of public disenchantment with the performance of local authorities and waste contractors as well as to a culture of non payment. The circumstances leading to the development of this culture are understandable, but local authorities are left in an untenable situation where they must provide services but have no means of recovering costs.

As a first step to improving environmental quality, methods to continuously reduce waste need to be found. These methods require a regulatory environment that encourages waste reduction, provides incentives to develop cleaner technologies and drives implementation of cleaner production techniques when they become available.

2.1.5 General

In addition to the specific situation sketched for water, air, land and waste, current pollution control and waste management is characterised by the general constraints set out below.

2.1.5.1 Inconsistent approach to pollution control

Different regulatory authorities address pollution control using different philosophical and management approaches. As a result they have been accused of taking an inconsistent approach to pollution control. It is contended that controls tend to be exerted more on operators who comply voluntarily or because they have to, than on operators who do not comply. It is suggested that a more consistent approach be followed to achieving pollution control in future policy.

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2.1.5.2 Lack of appropriate ambient standards

Although both the Department of Water Affairs and Forestry’s "Minimum Requirements for Waste Management" and the SABS’s "Code of Practice for Mine Residue Deposits", address the current lack of appropriate standards for waste disposal, these now have to be adequately enforced. Only limited specific measures exist, e.g. in the case of hazardous waste generation, collection and transportation, legislation is currently being drafted by the Department of Transport. As far as quality is concerned, appropriate ambient standards need to be formulated.

2.1.5.3 Lack of the use of Risk Base Approach

The Minimum Requirements for Waste Management provide for consistent standards to be applied as a rule. In the case of exceptions, however, there is provision for defensible deviation, based on documented research of site specific factors and a consequent motivation. This basically amounts to a risk assessment, which is an internationally accepted procedure. (e.g. A Risk Based Corrective Action (RBCA) approach by the American Society for Testing of Materials (ASTM)). In South Africa, however, this process requires refinement and formalisation. Out of this process should come a clear requirement of environmental quality objectives and an appreciation of risks involved by all concerned. This approach needs to be extended to other areas.

2.1.5.4 Inadequate current re-cycling levels and clean production technology initiatives.

Clean technology and recycling represent the first two steps in integrated waste management. It is true, however, that inadequate attention has hitherto been paid to these steps in South Africa. The improvement of standards in waste disposal has, however, resulted in a substantial increase in disposal costs in some cases. This has, in turn, resulted in waste generators looking for alternatives to costly waste disposal, which include waste minimisation and resource recovery. The trends described are happening at present, however it is believed that, with the right policy directives, they can be enhanced.

2.1.5.5 Inadequate enforcement

It is believed that the single most important factor resulting in lack of progress in waste management and pollution control is inadequate enforcement. The spheres of government responsible simply do not have the capacity to enforce the policy and legislation already available to them. Until such time that the Departments can be empowered, significant progress cannot be expected.

2.1.5.6 Fragmentation of administrative and legislative systems

As evidenced from the Legal Review, South Africa’s legislation pertaining to waste management and pollution control covers a wide range. This fragmentation must be seen both horizontally, that is, across about ten national (and nine provincial) government departments and countless local authorities ranging from the Department of Agriculture to the Department of Transport (Marine Division). In the vertical context, these laws must be seen in the context of the various rights and responsibilities regulating the relationship between national, provincial and local government authorities.

The problem of administration of these laws is compounded by the new Constitution which sets out the functional areas of concurrent and exclusive national and provincial legislative competence. It appears that these schedules were not compiled with the co-ordination or systematic organisation of environmental management in mind. The designation of "environment" as being a concurrent national and provincial legislative competence is problematic, even though there is an override provision giving national government the power to impose national standards and controls when necessary.

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2.1.5.7 Lack of capacity

Many of the government departments tasked with implementing integrated pollution control and waste management suffer from a personnel shortage.

Effective enforcement of legislation requires a multi-skilled approach, which includes:

• inspectors to undertake field investigations and monitoring,
• scientists and technicians to analyse samples to determine the presence of pollutants or non compliance with a standard and,
• lawyers to prepare cases of non compliance for prosecution.

Inspection and analytical support is equally insufficient for the task, and recent budget cuts do not allow departments to employ the required number of inspectors to monitor even limited areas in a comprehensive manner. It is clear that if more comprehensive inspection is to be implemented, effort and resources will need to be invested in training sufficient numbers of skilled and motivated inspectors.

2.1.5.8 Re-arrangement of national and provincial government relationships

Prior to the inception of the new government structure there was often confusion about the responsibilities of the different levels of government and even, in certain cases, between departments of government on the same level. This situation has been exacerbated since the inception of the new structure. Any recommended alternative will need to clarify roles and responsibilities particularly between the provincial and local spheres of government.

2.1.5.9 Lack of cross-media integration

The institutional fragmentation has created a situation where pollution is not managed in a manner that takes into account possible movements of pollutants between media.

2.2 LEGAL FRAMEWORK FOR POLLUTION CONTROL

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2.2.1 Introduction

A legislative audit and review of international and national legislation concerning integrated pollution control and waste management was undertaken as part of this project. The objectives of this legal review were to:

• provide a status quo analysis which could be used to make clear recommendations for legislative reform in the White Paper to be drafted after the public participation process,
• provide existing provincial environmental departments with a clear basis for action in the interim.

The complete legal review is to be published as a separate document and will be available as a source document for the public. A summary of the existing legal situation is provided below.

2.2.2 Current legislation

International law: South Africa is party to a number of international treaties and conventions, some of which impact on pollution of the air, land and marine environment. The obligations imposed under these and their implications for integrated pollution control are assessed in the Legal Review.

The Constitution: The Constitution is relevant to pollution control and waste management for two broad reasons. Firstly, the Bill of Rights contains a number of rights relevant to the subject. Relevant constitutional rights include, for example, the right to an environment not detrimental to human health or well-being; the right that pollution acid ecological degradation is prevented; access to information; and, just administrative action. Secondly, the Constitution provides the legal basis for dividing national and provincial powers and is thus relevant to the institutional regulation of pollution control and waste management. The Constitution creates concurrent national, provincial acid, in some instances, local government legislative competence. It makes provision for the administration of different pollution control laws at various different levels of government.

Legislative competence: The National Government is empowered to pass legislation on any matter listed in Schedule Four of the Constitution, a competence which is held concurrently with provincial parliaments. The most important functional areas are environment, nature conservation, pollution control and soil conservation. Provincial authorities are empowered to pass legislation on functional areas listed in Schedule 4 and 5, which includes provincial planning. In the event of a conflict of national and provincial legislation, national legislation applies uniformly in the country as a whole, as well as dealing with a matter which cannot be effectively regulated by provincial legislation. For example, the establishment of norms and standards for the protection of the environment requires a national uniform report. Local governments are empowered to legislate on matters listed in Part B of Schedules 4 and 5. Functional areas include air pollution, stormwater management, water and sanitation services, domestic wastewater and sewage disposal systems, refuse removal, refuse dumps, solid waste disposal, and noise pollution control as a public nuisance. By-laws which conflict with national or provincial legislation are invalid unless the conflicting legislation compromises a municipality's right or ability to exercise its powers or perform its functions.

Institutional aspects: Aside from the legislative problems, the aforementioned constitutional arrangements have important institutional difficulties. For example, a waste disposal site which has been approved in terms of provincial planning legislation and which is creating a public nuisance and contaminating ground water may be contravening laws promulgated by each of the three levels of government. The national government may have promulgated water quality standards, the provincial government is responsible for enforcing the conditions for approval granted under provincial planning legislation and the local government is obliged to make and enforce legislation to control a public nuisance. From civil society's perspective it is difficult to know whom it must complain to in order to remedy the problem and there are clearly problems of overlapping jurisdiction.

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Domestic Statutory Laws: An extensive analysis of the national, provincial and, in some instances, local legislation which governs pollution control and waste management has been carried out. The method adopted was to critically consider these laws in the categories of water (fresh and marine), air, solid waste and hazardous waste under the following headings: existing legal situation, institutional arrangements, and administration. The more important findings are summarised below.

2.2.2.1 Water Pollution: Fresh water

Existing legal situation: The control of fresh water pollution is governed by some thirty-one pieces of national legislation, at least three provincial ordinances and by countless by-laws. The most important national legislation is the Water Act of which Sections 21 and 22 are particularly relevant to pollution control. Section 21 requires that water used for industrial purposes be purified in accordance with gazetted standards and returned to the point from which it was abstracted. However, it is competent for the user to be exempted from these provisions, subject to the conditions that the minister may impose. Section 22 empowers the Minister to direct that a person who has control over land take steps to prevent water pollution.

Institutional arrangements: With regard to national ministries responsible, only the Department of Water Affairs and Forestry has any significant control over fresh water pollution activities.

Administration: Most of the legislation dealing with the control of fresh water pollution deals with water used in a particular area, and generally speaking does not require the issuing of permits. The main exception is the Water Act which specifies the issuing of a permit for the use of a quantity of water exceeding 150 cubic metres for industrial purposes. A second category of exemptions is the bylaws of some local authorities which will not accept trade effluent in the absence of a duly authorised permit.

2.2.2.2 Marine Pollution: Marine and coastal waters

Existing legislation: The categorisation of marine pollution laws is largely determined by a system of international marine pollution conventions to which South Africa is party. The general classification is as follows: the type of pollutant, with a strong emphasis on oil; the setting of internationally formulated standards; certain marine polluting activities or threats; the consequences of marine pollution, for example clean-up costs and general liability; and, the source of pollution.

Institutional arrangements: The administration of marine pollution laws is by and large the responsibility of three national departments: The Department of Transport is responsible for the implementation of standards; the Department of Environmental Affairs and Tourism is responsible for marine pollution; and the Department of Water Affairs and Forestry is responsible for water quality generally and thus for pollution of the marine environment by pollution from land-based sources. Coastal local authorities also play an important role in the administration and monitoring of marine pollution.

Administration: The administration of marine pollution from land-based sources is fundamentally the same as for fresh water, and is administered by the Department of Water Affairs and Forestry. The administration of foreign and South African vessel standards is the responsibility of the Harbour Authorities under the Department of Transport.

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2.2.2.3 Gas, smoke and dust

Existing legislation: Atmospheric pollution by gas, smoke and dust is governed by the Atmospheric Pollution Prevention Act 45 of 1965. In respect of noxious gasses it operates by scheduling 69 processes in respect of which a registration certificate for the premises upon which the activity is carried out is required. Dust, smoke and vehicle emissions are also dealt with by the Atmospheric Pollution Prevention Act but, generally speaking, these aspects of the Act are administered at local authority level. Aside from the Atmospheric Pollution Prevention Act, there are several Provincial Ordinances, in particular local government ordinances, which prohibit the generation of atmospheric pollution in the form of burning, offensive or unpleasant smells, and empower a municipality to promulgate by-laws concerning atmospheric pollution prevention.

Institutional arrangements: The diversity of institutions in the control of atmospheric pollution prevention is principally horizontal, namely it is sub-divided between the national government (in the form of the Ministry of Environment Affairs and Tourism) and provincial government. It is competent for the Chief Air Pollution Officer (Chief Officer) to delegate some or all of his powers to a specified person in a local authority. The Act also provides for the administration of smoke, dust and noise regulations by local authorities where areas have been declared smoke or dust control areas or where the noise regulations have specifically been made applicable in those areas.

Administration: In respect of noxious gasses which are listed in schedule 2 of the Atmospheric Pollution Prevention Act, administration takes place by way of the issuing of a registration certificate in terms of Section 9 and 10 of the Act. Dust is controlled by empowering the Chief Officer to prescribe steps which must be taken to reduce dust generated by industrial processes if such dust is causing a nuisance to persons in a vicinity of which exceeds 20 000 cubic metres in volume. In special circumstances these steps may be taken and paid for by the State. The Minister is also empowered to make regulations concerning dust and these regulations may be delegated for administration to any person so authorised by the Minister.

2.2.2.4 Noise

Existing legislation: Air pollution in the form of noise is controlled by regulations regarding noise, vibration and shock, promulgated under Section 25 of the Environment Conservation Act. However, noise is also controlled by the Aviation Act 74 of 1962 (Section 22(1)), Section 341 read with Schedule 3 paragraph e of the Criminal Procedure Act 51 of 1977, the Road Traffic Act 29 of 1989 in terms of which no person is allowed to operate a vehicle causing excessive noise or noise on a public road (Section 103). Provincial legislation, mostly in the form of local government ordinances, which empower the promulgation of by-laws controlling noise also govern this source of pollution. Similarly, the Hospital Ordinance 14 of 1958 (Gauteng) prohibits riotous, violent or unseemly behaviour. (Section 3(D)) of the Schedule to the Act, the Natal Nature Conservation Ordinance 12 of 1983 prohibits the use of various kinds of noise (Section 44(2)(j & k)). Local authorities have promulgated by-laws controlling noise either in terms of the local government ordinance controlling their province or in terms of the Environment Conservation Act.

Institutional arrangements: Noise pollution control is generally controlled by local authorities. However, it may also be regulated by the Department of Transport.

Administration: There are no provisions in the Environment Conservation Act for exemption permits in respect of noise generation.

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2.2.2.5 Solid Waste

Existing legislation: Solid waste is principally governed by the Environment Conservation Act 73 of 1989, and in particular Section 20 of that Act. However, solid waste is also dealt with in a wide range of other legislation, including the advertising on Roads and Ribbon Development Act 21 of 1940 (which prohibits the deposition of waste near specified roads). In the National Building Regulations and Building Standards Act 103 of 1977 which empowers a local authority to prohibit the erection of a building which is to be built on land covered with refuse, the first Act 122 of 1984 which prohibits the dumping or scattering of litter in a forest, the Rural Areas Act (House of Representatives) 9 of 87 which allows the Minister (of Housing) to plan for a town commonage for the dumping of rubbish soil and the like, The Minerals Act 50 of 1991 which governs solid waste generated by the Mining Sector, the Local Government Transitions Act 209 of 1993 which prescribes the powers and duties of Metropolitan Councils in relation, among other things, to waste disposal facilities. There are also various pieces of Provincial legislation dealing with waste.

Institutional arrangements: Although the Environment Conservation Act is administered by the Department of Environment Affairs and Tourism, application for the establishment of a waste disposal site have to be made to the Minister of Water Affairs.

Administration: Solid waste management is administered both in terms of the Environment Conservation Act (and the various other pieces of legislation referred to above) and in terms of directives and regulations issued by the Department of Water Affairs and Forestry, not all of which have the force of law. A permit is issued in terms of Section 20 and, in administering the Act, the Minister of Water Affairs is obliged to maintain a register in which details of all waste disposal sites for which permits have been issued are recorded. However, many of the waste disposal sites which operate in South Africa are not duly permitted.

2.2.2.6 Hazardous waste (and hazardous substances)

Existing Legislation: The most relevant statutes are: the Hazardous Substances Act (15 of 1973), the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act (36 of 1947) and the Environment Conservation Act (73 of 1989) (the "ECA") Part 4 (ss, 19-20) which is headed "Control of Environmental Pollution". Current legislation regarding hazardous waste is fragmented, and lacks clear identification of responsibilities. In addition there is an obligation under the Basel Convention to establish a central focal point and notifying authority.

Institutional arrangements: As the existing hazardous waste laws are fragmented, so too are the institutions which administer them although the Department of Environment Affairs and Tourism has in practise taken upon itself to administer certain aspects of waste management. The Department of Water Affairs and Forestry plays a key role as regards waste disposal sites.

Administration: The Department of Water Affairs and Forestry administers a key section of the Environmental Conservation Act dealing with waste management (Section 20). It imposes permit requirements for the operation of waste disposal sites. Local authorities are included under the purview of this provision and are required to comply with it like any private operator. This section is complimented by regulations for waste disposal (GN R1196 GG15832 dated 8/7/1994). In practise the "Minimum Guidelines" are also used, although these are not referred to in the legislation.

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2.3 INTERNATIONAL TRENDS

A review of international trends in integrated pollution control and waste management was undertaken by L & W Environmental for the Department of Environmental Affairs and Tourism during the period 1994 and 1996. The authors of the review concluded that most of the countries studied have systems that fall into one of the two following categories.

The classical approach: a well organised and functioning system based on traditional media and / or sectoral approaches, based largely on direct government intervention and control

Such systems are characterised by complex, often fragmented, institutional, legal and administrative structures and unclear jurisdictions which overlap between different institutions. A major role of the government is in implementation of the environmental and pollution control policy characterised by significant government investment in research and technological development, and almost complete government responsibility for remediation and monitoring. Integration is typically limited and signs of the problems resulting from the lack of integration are beginning to appear in all of these countries (e.g. change in the objectives and mission emphasis of the USA EPA etc.).

Transitory systems: countries characterised by a major transition towards integrated environmental policy and new approaches to administrative, organisational and legislative systems, mostly in line with the identified need for integration at all levels and in all aspects of environmental protection

Administrative, organisational and legal systems in these countries are characterised by continuous change and restructuring in a search for optimal solutions. It is interesting to note that many institutions in these countries have relatively short life spans until an agency-type institution given a mandate to manage the environment in an integrated manner evolves (e.g. NRA in UKA etc.).

Of special interest is the characteristic of systems in these countries which emphasises public involvement and participation, as well as framework type environmental legislation in the form of general all-encompassing environmental acts. Implementation of policy and regulation typically take place at the lower levels of government while research, development and information management are kept at a national level through specialised administrative and institutional structures.

Integrated environmental management is typically the driving force behind systems in these countries and government intervention appears to be less direct.

Some countries , however, have systems that cannot be easily classified in one of these two systems, e.g. because their systems seem to be characterised by administrative, organisational and legal approaches which are highly fragmented, and often not fully functional.

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Administrative, organisational and legal systems in these countries are characterised by periodic change associated with political changes in the country. They are often uncoordinated efforts and activities of different government departments. Also, other elements occur, e.g. in the form of countries that place much emphasis on the planning process in all sectors of environmental management and protection. This approach is of special interest for South Africa in that the unique opportunity created by the new situation in South Africa can result in the country developing advanced administrative, organisational and legal approaches to environmental protection and pollution control.

2.4 INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT INFORMATION

2.4.1 Inadequate integrated pollution control information

A basic problem with the current pollution control system is its inability to collect, manage and release data on pollution effectively. The problems with the information capacity of the current system can be divided into three areas:

• inadequate pollution and waste generation and release information
• inadequate ambient environmental quality information
• lack of access to information and inadequate dissemination

2.4.2 Inadequate pollution release information

There is little knowledge of types, quantities, or location of a wide range of polluting substances released into the environment. This lack of knowledge applies to the generators of the waste as much as it does to the regulators. A 1992 Department of Environmental Affairs and Tourism study found that in the private sector very few industries have waste management strategies or plan their waste management before starting up. From the side of waste facility operators and the public sector, no annual statistics or databases are available. Only a few operators of waste facilities and transporters of waste have detailed knowledge of the waste they handle.

As early as 1992 the Department of Environmental Affairs and Tourism report noted that,

As yet, however, no such pollution database has been established. At present the Department of Environmental Affairs and Tourism and the Department of Water Affairs and Forestry are the two main repositories of available information on pollutant releases.

Due to the method of collection this pollutant release information is neither complete nor in a very useful format. The air pollution data is only for so-called "scheduled processes" under the Atmospheric Pollution Prevention Act 45 of 1965 and thus covers only permitted establishments and those substances permitted. At present there are about 2 000 permits in operation covering about 1 200 industrial sites. Similarly only effluent from releasers subject to a permit, and only those substances or parameters listed in that permit, are recorded by the Department of Water Affairs and Forestry. Furthermore the format of this data is inconsistent and is not suitable for year to year monitoring of nation-wide pollution releases nor for analysing pollution data geographically.

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2.4.3 Inadequate ambient quality information

There is generally inadequate collection and collation of ambient environmental quality information. This inadequacy is a problem across the environmental media. In some instances, such as surface water, monitoring is better than the average, but in others, such as air quality and groundwater, ambient monitoring is highly inadequate.

For example, in a recent study of air pollution stations monitoring vehicular air pollution around South Africa’s six major metropolitan areas, it was found that the air quality data was inadequate to use for a motor vehicle pollution control policy. There are too few monitoring stations, the pollutants monitored are not consistent nor necessarily the priority pollutants, and of the stations assessed only four in the whole country could be said to have valid data.

Similarly, a limited amount of information on groundwater pollution is collected by the Department of Water Affairs and Forestry from licensed landfills. The state of this water quality monitoring, a minimum requirement for the effective environmental management of such sites, is an example of the highly unsatisfactory state of environmental pollution monitoring. Figures from a Department of Water Affairs and Forestry Report on such monitoring is shown in Table 1 below to indicate the poor performance of this aspect of integrated pollution control.

Table 1: Statistics on sites adequately equipped with water quality monitoring facilities

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 2.4.4 Limited access to and limited availability of information

Information which is held by government authorities is not readily available to the public. Under the Atmospheric Pollution Prevention Act there is a blanket secrecy provision (Section 41) which provides that no information can be disclosed without the consent of the person carrying on the undertaking or for the purposes of legal proceedings arising out of the Act. The Water Act 54 of 1956 has no direct statements of confidentiality, but it is the general practice of the Department of Water Affairs and Forestry not to release permit details without the consent of the pollution discharger. There are currently no general rights of public access to information on pollutant releases.

A culture of secrecy has developed amongst South African industries with many loathe to divulge environmental information - especially that which may reflect badly upon the company. This is partly due to the legal protection they enjoy, partly due to mind sets developed during the apartheid era, and partly due to inexperience with public interaction.

There are also no active government programmes of information dissemination providing information to stakeholders or the public on pollution releases and levels. There are no requirements for national, provincial or local government to inform citizens of pollutant levels or of the major sources of hazardous pollutants in their area.

This difficulty in accessing information seriously inhibits civil society and private sector action to improve environmental quality. Furthermore, it makes it difficult for interested organisations or individuals to pressurise polluters to reduce their emissions, and also makes it difficult for the public to assess and evaluate the impacts that pollution may have on them or their environment, while it allows polluters the protection of a veil of secrecy.

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   PRINCIPLES, OBJECTIVES AND KEY ISSUES FOR INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT SYSTEMS

3.1 VISION

3.2 PRINCIPLES

Principles are the fundamental premises used to apply, develop and test policy and subsequent actions, including decision making, legislation and regulation. This policy is underpinned by the principles set out in the White Paper on the Environment which are reproduced in Chapter 8.

The approach to integrated pollution control and waste management is essentially a management system based one and as such will be underpinned by a set of subordinate principles in addition to the overarching principles set out in the White Paper on the Environment. The following management principles will be considered.

· Accessibility
The system must be accessible to all sectors of civil society

· Credibility
Civil society must have confidence in the system and believe that its implementation will achieve the goals of integrated pollution control and waste management.

· Clarity
Legislation must be drafted in an unambiguous manner understandable to all sectors of civil society.

· Consistency
All elements of the system must be interconnected and interrelated to ensure that there is no contradiction between different elements.

· Effectiveness
All elements of the system must work together to ensure that the results produced enhance the quality of the environment.

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· Efficiency
All elements of the system must work together to ensure that resources are used optimally.

· Robustness
The system must promote the achievement of objectives through the application of sustainable technologies.

· Timeousness
Decision making procedures must take place within reasonable time frames so as not to delay development.

· Transparency
All reasons for decisions must be recorded and available for public scrutiny.

3.3 INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT GOALS AND OBJECTIVES

In order to give practical effect to the principles outlined in the previous section, three strategic goals have been identified for the achievement of an integrated approach to pollution control and waste management. In addition, a number of objectives have been suggested for each of these goals. When developing implementation strategies, these objectives can be used as a benchmark for evaluations. Strategies that are considered for the achievement of these objectives will be evaluated against the principles.

3.4 KEY ISSUES TO BE ADDRESSED BY THE INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT PROCESS

As a first step in improving environmental quality, methods to continuously reduce waste and pollution need to be found. This requires a regulatory environment that encourages waste reduction, provides incentives to develop cleaner technologies and drives implementation of cleaner production techniques when they become available.

Pollution control, in practice, is driven for the industrial and commercial sectors through the use of conventional instruments, such as authorisations and regulations prescribing some form of best management practice. These instruments do not, however, drive continuous improvement. Other regulatory instruments such as mandatory reporting of waste statistics and sectoral quotas may thus be required to drive aggregate waste production downward.

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A culture of waste avoidance must be adopted by all citizens of South Africa in order to create the context within which waste reduction can be achieved. The perceived will of some sectors to strive for real reductions in waste is, however, very limited. In these instances education and capacity-building will first be required to create a context within which waste reduction can be promoted.

Remediation entails the restoration of environmental quality in those instances where activities have resulted in a degradation of a natural resource or resources to the extent that they are no longer fit for use. Regulatory intervention is necessary where no party can be found to take responsibility for the degraded resource and for the costs of remedial action.

The current approach to remediation is that national departments implement remedial actions to restore a particular resource to an acceptable quality without necessarily taking other environmental media into consideration. Integration will be required in future in order to ensure that all environmental needs are taken into account.

Remediation can only be initiated on a case-by-case basis. The approach is thus needs or problem based. Environmental objectives are thus set to satisfy site specific requirements.

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   PROPOSALS FOR INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT

4.1 THE APPROACH TO POLLUTION CONTROL

The analysis of the current situation revealed a range of pollution and waste management problems in South Africa. The legal and institutional analysis demonstrated that present systems and approaches are inadequate or inappropriate for true integrated pollution control and waste management. This is evidenced, for example, in inconsistency in the approach to pollution control and waste management, from permitting through to enforcement. This section presents possible solutions to this lack of administrative integration.

A number of institutional models have been proposed in previous Integrated Pollution Control and Waste Management working group documents as well as the Draft White Paper on the Environment. Each model has positive and negative points. Rather than present each proposed model and any that have been suggested by the international analysis, a more appropriate approach for discussion purposes was considered to be to describe the required elements and then to present the various options as to achieve the elements for debate. This section does not, therefore, propose a definitive model as a solution, but rather identifies the problems and raises a suite of solutions for debate. It should also be noted that the final White Paper on the Environment has not yet been officially released. Certain positions regarding administration and governance of environmental issues have been taken in that document, but until it has been released they cannot be incorporated into this discussion. These positions will, however be incorporated into the White Paper on Integrated Pollution Control and Waste Management.

The discussion is focused around five key requirements. These are:

• a generic approach to integrating administration of pollution control, both vertically and horizontally
• an increased suite of regulatory tools, all based on the same general approach to pollution control which will enable the appropriate instruments to be used to effectively control pollution while promoting pollution prevention at source and clean technology. These tools would include supportive instruments of government, such as tax incentives for clean technology or similar measures
• improved access to pollution and environmental information by civil society so as to harness their energies in pollution reduction initiatives, supported by improved information collection methods for government, improved information sources and technical advice on clean technology be facilitated by government
• the adoption of a set of strategic priorities for action that will need to be addressed by government, the private sector and civil society; these priorities could include hazardous waste, key pollution problems caused by apartheid which continue to affect the poor, motor-vehicle pollution, and other diffuse and unregulated activities
• mechanisms to ensure the involvement of all sectors of civil society in all facets of pollution prevention and control.

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The results of the debate will be used to formulate a mechanism for integrated pollution control and waste management that:

• encourages continuous improvement in pollution reduction in South Africa
• is transparent and responsive to the needs of civil society
• is based on sound environmental principles
• has equity at its core
• and is flexible enough to adapt to the changing needs of a fast developing country.

4.2 INTEGRATED POLLUTION CONTROL AND WASTE MANAGEMENT FUNCTIONAL MODEL/MECHANISM

The institutional and administrative arrangements that are presented for discussion below are intended to stimulate debate on the various elements of an integrated management system. They have not been tested against any proposals that are made in the soon to be released White Paper on National Environmental Policy as the final draft was not available at the time of writing. The requirements of the White Paper will be taken into account during the drafting of the White Paper on Integrated Pollution Control and Waste Management.

4.2.1 Introduction

The approach adopted in this section is to present the various items to existing National Departments which are or could be involved in pollution control and overlay requirements for integration. Various solutions to achieve these requirements are highlighted in boxes for debate. The diagram and discussion are not intended to represent an administrative or institutional model, but the debate points present a number of possible solutions which require institutional reorganisation. These possible solutions have been drawn from past Integrated Pollution Control working group documents, the CONNEPP Green Paper and the review of international trends (section 2.3).

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4.2.2 General functions of an Integrated Pollution Control and Waste Management co-ordinating mechanism

The review of existing problems with and needs for integrated pollution control and waste management identified a number of functions required of any integrating structure, system, mechanism or procedure. These functions are presented as a background to the debate on the various possible solutions presented in the debate boxes:

• establishing and maintaining an effective system of integrated pollution control and waste management
• ensuring that all sections of the system use the same approach to pollution management incorporating source based minimisation and control, environmental media impact management and remediation
• establishing and maintaining a system of clearly defined points of entry for permit and/ or authorisation applicants.

Note: Permits and Authorisation

In the context of this discussion, the terms permit and/ or authorisation are used to indicate a set of conditions which result from negotiations between the issuing authority, the applicant and any relevant specialists. While it is, therefore, possible and even desirable that certain quantified limits to such aspects as emissions and discharges may be included in the permit or authorisation, it will also include specifications of what monitoring will be conducted, by whom, with what frequency and where the results must be sent and with what frequency.

• establishing and maintaining a system of permit and/ or authorisation application evaluation
• establishing and maintaining a nation-wide system of standards and procedures for setting standards
• establishing and maintaining a system of nation-wide monitoring
• establishing and maintaining a nation-wide system of permit and/ or authorisation enforcement
• establishing and maintaining a system of interdepartmental interaction at permit and/ or authorisation evaluation, monitoring and enforcement stages
• establishing and maintaining a system of information collection, management and dissemination to all relevant sectors of the South African population
• establishing capacity building and awareness raising programmes and ensuring proper public participation and integration into decision making processes.

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4.2.3 Essential generic elements of an institutional approach to integration

In essence, any suite of solutions to the existing lack of integration should focus on four main elements:

1. a mechanism/ system or structure to ensure interdepartmental co-operation. [This structure will ensure that national guidelines and standards are set for the purposes of the discussion this body is called the National Integrated Pollution Control Body/Mechanism, this name is not, however, an essential part of the proposal]
2. the National Departments who are legally responsible for various environmental media and industrial sectors, within which the relevant executive powers reside (and which may include inspectorates)
3. a permit/authorisation application receipt, processing and permitting or authorisation issuing agency/body or mechanism coupled with an inspectorate at national and/or provincial level where capacity and/ or need exists (For the purposes of discussion, these bodies are grouped together under the name Integrated Pollution Management Mechanism/Bodies)
4. a mechanism or system to ensure the facilitation of capacity building and public participation in all aspects of pollution control.

The following is a more detailed discussion of the above four elements.

4.2.4 National Integrated Pollution Control Body/Mechanism

4.2.4.1 Responsibilities

This body is responsible to Cabinet for effective environmental protection through integrated pollution control and waste management. Its initial responsibility would, therefore, be to facilitate interdepartmental integration in the spheres of pollution control and waste management through the establishment of the necessary structures, procedures and legislation.

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DEBATE POINT 4.1

There are a numb