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Draft White Paper on Integrated Pollution and Waste Management for South Africa

A policy on Pollution Prevention, Waste Minimisation,
Impact control and Remediation

August 1998

 Department of Environmental Affairs and Tourism
Department of Water Affairs and Forestry

The Ministries and Departments of Environmental Affairs and Tourism and of Water Affairs and Forestry acknowledge the contribution that South Africans have made in developing a Draft White Paper on Integrated Pollution and Waste Management for South Africa. The role played by the Project Committee, which steered the process, and the contribution of the drafters of the Discussion Document and this Draft White Paper are also acknowledged.

A complete list of people who contributed to the process appears in Appendix 4 at the end of this Draft White Paper.

Below is a short list of officials, government departments and organisations which have played a key role in developing this Integrated Pollution and Waste Management policy.

 Ministry
Minister Z Pallo Jordan
Minister Kader Asmal
Deputy Minister Peter R Mokaba, who chaired the Project Committee

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 Department of Environmental Affairs and Tourism
Department of Water Affairs and Forestry
Provincial Environmental Departments

Mpumalanga Department of Environmental Affairs and Tourism
Eastern Cape Department of Economic Affairs and Environment
Free State Department of Environmental Affairs and Tourism
KwaZulu Natal KwaZulu Department of Nature Conservation
KwaZulu Natal Department of Traditional and Environmental Affairs
Northern Province Department of Agriculture, Land and Environment
North West Parks Board Environmental Affairs
North West Department of Environmental Affairs
Gauteng Department of Agriculture, Conservation and Environment
Western Cape Department of Environmental and Cultural Affairs
Northern Cape Department of Health, Welfare and Environmental Affairs

for arranging and overseeing the provincial public participation process.

 MINMEC: Environment and Nature Conservation

A full list of MINMEC members appears in Appendix 4.

The Danish Cooperation for Environment and Development (DANCED) who financially supported the process of compiling this Draft White Paper.

Mr. Einar Jensen - Environmental Attaché
Mr. Peter Lukey - Programme Officer

 PUBLIC PARTICIPATION

The formulation of an integrated pollution and waste management system was commissioned during 1994 by the Department of Environmental Affairs and Tourism and the Department of Water Affairs and Forestry.

A multi-sectoral stakeholder Project Committee was formed in January 1997 to assist Government in driving the process and to ensure that sectoral concerns were addressed.

A Discussion Document was released for public comment in May 1997.

The proceedings of Provincial Workshops and comments from individuals and organisations on this Discussion Document were used as a basis for the compilation of this Draft White Paper on Integrated Pollution and Waste Management for South Africa.

The Draft White Paper will be submitted to Cabinet and Parliament in October 1997 and published in the Government Gazette for public comment.

This Draft White Paper will be submitted to Parliament for debate by the National Portfolio Committee on Environmental Affairs and Tourism and will then be debated by the National Council of Provinces. There will be opportunities for comment and public hearings during this Parliamentary Phase.

This Draft White Paper will be amended to incorporate comments from the aforegoing phases before final approval by Parliament and Cabinet.

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Further information can be obtained from Dr Suzan Schlemmer at:

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

 Physical Address:
Fedsure Forum Building
315 Pretorius Street
c/o van der Walt Street
Pretoria

Telephone: 012 - 310 3646
Fax: 012 – 320 1167
E-mail: bes_ss@ozone.pwv.gov.za

 TABLE OF CONTENTS

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1. INTRODUCTION

This chapter defines the concept of Integrated Pollution and Waste Management that government will use in its envisaged national policy on pollution prevention, waste minimisation, impact control and remediation, describes the scope and purpose of this Integrated Pollution and Waste Management policy and delineates the consultative process used in developing this policy.

The government’s national policy on Integrated Pollution and Waste Management sets out the vision, principles, strategic goals and objectives that government will use for integrated pollution and waste management in South Africa.

This Draft White Paper on Integrated Pollution and Waste Management for South Africa serves the following two purposes:

• to inform the public of the government’s objectives, and how the government intends to achieve these objectives, and
• to inform government agencies and State organs of these objectives, and what must be done to achieve these objectives.

 1.1 Definition of Integrated Pollution and Waste Management

Pollution is the introduction into the environment of any substance property (including radiation, heat, noise and light) that has or results in direct harmful effects to humanity or the environment, or that makes the environment less fit for its intended use.

Environment is defined as the following. The biosphere in which people and other organisms live. It consist of:

• renewable and non-renewable natural resources such as air, water (fresh & marine), land and all forms of life.
• natural ecosystems and habitats, and
• ecosystems, habitats and spatial surroundings modified or constructed by people, including urbanised areas, agricultural and rural landscapes, places of cultural significance and the qualities that contribute to their value.

Integrated pollution and waste management is a holistic and integrated system and process of management aimed at pollution prevention and minimisation at source, managing the impact of pollution and waste on the receiving environment and remediating damaged environments.

This Draft White Paper on Integrated Pollution and Waste Management for South Africa represents a paradigm shift towards:

• pollution prevention,
• waste minimisation,
• cross-media integration,
• institutional horizontal and vertical integration of departments and spheres of government, and
• involvement of all sectors of society in pollution and waste management.

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 1.2 Scope and Purpose of the Draft White Paper

This Draft White Paper sets out the government’s Integrated Pollution and Waste Management policy for South Africa and describes the context in which it has been developed. This Draft White Paper comprises the following sections:

• an introduction that describes the concept of integrated pollution and waste management used in this policy, the scope, purpose and vision of this policy and the consultative process used in developing this policy,
• setting the context of the Integrated Pollution and Waste Management policy globally and nationally,
• key issues relating to pollution and waste management identified through the stakeholders and based on the public participation process,
• the shift to prevention that sets out the reasons for changing the emphasis from control to prevention,
• approaches to development of this policy describing the environmental media approach,
• policy principles and criteria affecting governance, and accepted for developing this policy and subsequent planned actions, including decision making, legislation and regulation,
• the government’s strategic goals and supporting objectives for addressing the major issues regarding pollution and waste, as well as for measuring the success of policy implementation,
• the government’s approach to governance, detailing the powers and responsibilities of the different spheres and agencies of government and the regulatory approach to integrated pollution and waste management, and
• the way forward which outlines the government’s priorities and provides a framework for implementing the Integrated Pollution and Waste Management policy, emphasising the development of a National Waste Management Strategy.

Appendix 1 lists international conventions, agreements, treaties and protocols relating to integrated pollution and waste management.

Appendix 2 contains the principles from the Draft White Paper on Environmental Management for South Africa.

Appendix 3 contains a glossary of key terms used in this policy.

Appendix 4 contains acknowledgements of all those who contributed to the development of the government’s Integrated Pollution and Waste Management policy.

 1.3 Vision for the Policy

The vision of the government is to develop, implement and maintain an integrated pollution and waste management system which contributes to sustainable development and a measurable improvement in the quality of life through harnessing the energy and commitment of all South Africans for the effective prevention, minimisation and control of pollution and waste.

 1.4 Purpose of the Policy

The Integrated Pollution and Waste Management policy is a subsidiary policy of the overarching environmental management policy as set out in the Draft White Paper on Environmental Management Policy for South Africa. This Integrated Pollution and Waste Management policy subscribes to the vision, principles, goals and regulatory approach set out in the draft environmental management policy and details the government’s specific policy for pollution and waste management.

This Integrated Pollution and Waste Management policy applies to all government institutions and to society at large and to all activities that impact on pollution and waste management. One of the fundamental approaches to this policy is the prevention of pollution, minimisation of waste, control of impacts and remediation. The management of waste will be implemented in a holistic and integrated manner, and will extend over the entire waste cycle, from cradle to grave, including the generation, storage, collection, transportation, treatment, and final disposal of waste.

This Draft White Paper on Integrated Pollution and Waste Management for South Africa acts as a statement of intent by the government on how to manage and minimise South Africa's diverse pollution and waste streams, in a manner which is environmentally, socially and politically acceptable as well as economically sustainable.

The government aims to:

• promote the prevention and minimisation of waste generation and hence pollution at source,
• promote the management and minimisation of the impact of unavoidable waste from its generation to its final disposal,
• ensure the integrity and sustained "fitness for use" of all environmental media i.e. air, water and land,
• ensure the remediation of any pollution of the environment by holding the responsible parties accountable, and
• ensure environmental justice by integrating environmental considerations with the social, political and development needs and rights of all sectors, communities and individuals.

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1.5 Why is There a Need for an Integrated Pollution and Waste Management Policy?

South Africa is emerging from a period of unsustainable and inequitable development that not only threatened the livelihoods and degraded the quality of life of a large proportion of the population, but which was also responsible for environmental degradation. In order to move towards development that is economically, socially and environmentally sustainable, all sectors of society will have to undergo a number of important transitions.

Some of the important transitions will be:

• A move to equitable sharing of development opportunities and benefits and an equitable provision of services. This priority transition must be aimed at significantly improving the situation of the impoverished majority.
• A move towards efficient use of energy with a priority on the development of renewable and affordable resources.
• A transition towards accelerated industrial development while using cleaner technologies and production methodologies.
• An institutional transition towards new structures at national, provincial and local government levels with a priority to integrating economic, equity and environmental imperatives in planning and decision making within and between different ministries and between provinces.
• A governance transition towards greater public accountability and participation with a priority to initiate and maintain sustainable development partnerships between government and civil society.
• A capacity building transition towards greater national and regional self-reliance with a priority to accelerate development and promote the use of local knowledge, technology and expertise.
• A move from reliance on foreign aid to economic self sufficiency.

To effect the transformation to development that is economically, socially and environmentally sustainable, the government has met the challenge of redefining the way in which pollution and waste will be managed in South Africa.

The much needed economic growth for the upliftment and enhancement of the South African population, and in particular for the generation of jobs, can be achieved through more appropriate and efficient use of natural resources, within a framework of integrated pollution and waste management to protect both the people of South Africa and the environment without a continuous degradation of natural resources.

Over the past years, the government has passed legislation to address environmental and human health threats. Regulations aimed at controlling some of the major and most obvious risks have been promulgated.

However, a number of limitations have become clear:

• limits of impact management,
• limited civil society involvement,
• inadequate integration of environmental media,
• inadequate integration across government departments,
• lack of capacity to implement, and
• inadequate consideration of global environmental issues.

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1.6 The Integrated Pollution and Waste Management Policy Development Process

After earlier investigations and initiatives by the Department of Environmental Affairs and Tourism and the Department of Water Affairs and Forestry, the consultative process followed in the drafting of this Draft White Paper on Integrated Pollution and Waste Management for South Africa, involved:

• The constitution of a multi-sectoral Project Committee under the chairmanship of the Deputy Minister of Environmental Affairs and Tourism, Peter Mokaba, which guided the consultative process.
• The compilation of a Discussion Document towards a White Paper on Integrated Pollution and Waste Management.
• Discussion of and comment on this Discussion Document through a process of public participation in the provinces, as well as through direct comments from labour, non-governmental organisations, community based organisations, business and industry, mining and individual members of civil society.
• Consideration of these comments for the compilation of draft policy statements and objectives.
• Compilation of this Draft White Paper on Integrated Pollution and Waste Management for South Africa.

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2. SETTING THE CONTEXT

2.1. The International Context

The report of the World Commission on Environment and Development showed that measures to reduce, control and prevent pollution needed to be greatly strengthened in both developed and developing countries. In the decade subsequent to that report, significant international efforts have been directed at promoting development that produces less waste and pollution.

Many of these efforts have concentrated on those pollutants of global concern, i.e. those pollutants generated in one country that may affect another country or the planet’s ecological balance. Other international efforts have focused on the protection of less developed countries against environmental exploitation. In 1992, the United Nations Conference on Environment and Development established an agenda (Agenda 21) for world action on the environment and increased international efforts towards sustainable development. These international decisions form the broad context for pollution prevention and waste minimisation in South Africa, and this Integrated Pollution and Waste Management policy is part of the South African government’s efforts to meet the goals of Agenda 21.

Certain international agreements, such as the Framework Convention on Climate Change dealing with greenhouse gases, and the Basel Convention, which addresses trans-boundary movements of hazardous waste, impose specific requirements on South Africa. These requirements are being addressed as part of this Integrated Pollution and Waste Management policy process.

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 2.1.2. South Africa as part of the world economy

South Africa’s re-integration into the global economy and the international political arena necessitates an improved pollution and waste management system. With the advent of democracy, South Africa’s role and responsibility in the Southern African Development Community and the Southern African Region, has increased. The country’s economic and industrial policy has also turned towards export promotion as a pillar of South Africa’s economic development. This globalisation of the economy has been spurred on by the expanded role of the World Trade Organisation in developing open international markets. South Africa has growing obligations to meet international commitments and to be a globally responsible country.

In response to these political and socio-economic factors, the government will promote an integrated approach to pollution and waste management as a key factor in achieving sustainable development by ensuring that:

• South Africa meets all its international environmental obligations as rapidly as possible;
• exporters are assisted in meeting internationally expected standards of environmental management;
• international pollution control efforts are not used as unfair trade barriers against South Africa’s exports; and
• South Africa’s pollution and waste management interests are adequately represented in international forums.

 2.1.3 International obligations and agreements

Global governance is a dynamic, complex process of interactive decision-making that is evolving and responding to changing circumstances. Although it responds to the specific requirements of different issue areas, governance takes an integrated approach to the question of human survival and prosperity. Effective global decision-making, mainly through international obligations and agreements, builds upon and influences decisions taken locally, regionally and nationally, and draws on the skills and resources of a diversity of people and institutions at many levels. It builds partnerships that enable global actors to pool information, knowledge, and capacities and develops joint policies and practices on issues of concern, such as integrated pollution and waste management. South Africa, therefore, has a moral obligation as a global actor to take cognisance of and become involved in international obligations, agreements and processes.

Some of the international treaties to which South Africa is a party impact specifically on pollution of the water, air and land environments; others are of a cross-cutting nature and impact on all three media. The obligations imposed under these international treaties and their implications for integrated pollution and waste management are given in Appendix 1.

There are 26 international agreements (17 conventions, 4 protocols, 3 treaties, 2 agreements) which pertain to integrated pollution and waste management. Of these 26 agreements, 19 have been acceded to or ratified by South Africa.

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The following South African legislation fully or partially covers 12 of these international agreements:

• Prevention and Combating of Pollution of the Sea by Oil Act (6 of 1981) and regulations;
• International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act (64 of 1987);
• Dumping at Sea Control Act (73 of 1980);
• Prevention of Pollution from Ships Act (2 of 1986) and regulations;
• Conservation of Agricultural Resources Act (43 of 1983)
• Nature Conservation Ordinances of the various provinces;
• Antarctic Treaty Act (60 of 1996); and
• Nuclear Energy Act (113 of 1994).

 2.2 The National Context

The adoption of a democratic Constitution has made the government accountable to the people. The Constitution sets out the legislative and executive authority of different spheres of government within a framework of co-operative governance.

The Constitution (Act 108 of 1996) is relevant to pollution and waste management for two reasons. Firstly the Bill of Rights (Chapter Two of the Constitution) contains a number of rights relevant to integrated pollution and waste management. To the extent that an act or particular statutory provision does not uphold these rights, it is unconstitutional.

Secondly, the Constitution provides the legal basis for allocating powers to different spheres of government, and is thus relevant to the institutional regulation of integrated pollution and waste management.

The Constitution states that South Africa is a sovereign, democratic State based on the values of human dignity, equality, non-discrimination, the rule of law and universal suffrage. In terms of environmental management, it is important to recognise that sovereignty includes the ability to limit sovereign powers by entering into international agreements where the need arises.

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The Bill of Rights

The most pertinent fundamental right in the context of integrated pollution and waste management is the Environmental Right (s 24) which provides that:

(i) prevente conservation; and
(iii) secure ecologically sustainable development and the use of natural resources while promoting justifiable economic and sociat pollution and ecological degradation;
(ii) promol development".

This section of the Bill of Rights guarantees the people of South Africa the right to an environment not detrimental to human health or well-being, and specifically imposes a duty on the State to promulgate legislation and take other steps to ensure that the right is upheld and that, among other things, pollution and ecological degradation is prevented.

 Health Care, Food, Water and Social Security (s 27)

This provision in the Constitution upholds the right to water, amongst other things. It essentially envisages an equitable allocation of resources and, by implication, resources of an acceptable quality.

The Bill of Rights enshrines the right of access to information held by the State, or any other person which is required for the exercise of any right. The section imposes a duty on the State to enact legislation to give effect to the right. This Integrated Pollution and Waste Management policy includes provisions concerning access to information insofar as it relates to future integrated pollution and waste management legislation.

The Constitution protects the right to fair, lawful, reasonable and procedurally fair administrative action and provides that where administrative action has adversely affected rights, written reasons must be given. This right is important, for example, where permits authorised in terms of integrated pollution and waste management legislation are refused. However, in terms of Section 23 of Schedule 6 of the Constitution, this clause has not yet come into operation.

The Draft White Paper on Environmental Management Policy for South Africa is an overarching framework policy. Through the Draft White Paper on Environmental Management Policy the government undertakes to give effect to the many rights in the Constitution that relate to the environment, as well as those relating to governance, such as the legal standing of parties, administrative justice, accountability and public participation. Furthermore, the Draft White Paper on Environmental Management Policy for South Africa defines the essential nature of sustainable development as a combination of social, economic and environmental factors. It takes ownership of sustainable development as the accepted approach to resource management and utilisation, thus entrenching environmental sustainability in policy and practice.

The vision of the Draft White Paper on Environmental Management Policy for South Africa is one of a society in harmony with its environment. The policy seeks to unite the people of South Africa in working towards a society where all people have sufficient food, clean air and water, decent homes and green spaces in their neighbourhoods, enabling them to live in spiritual, cultural and physical harmony with their natural surroundings.

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The Draft White Paper on Environmental Management Policy for South Africa sets a number of objectives for integrated pollution and waste management which will be addressed in this Draft White Paper on Integrated Pollution and Waste Management for South Africa. These objectives are:

• "To prevent, reduce and manage pollution of any part of the environment due to all forms of human activity, and in particular from radioactive, toxic and other hazardous substances.
• To set targets to minimise waste generation and pollution at source and promote a hierarchy of waste management practices, namely reduction of waste at source, re-use, recycling and safe disposal as the last resort.
• To regulate and monitor waste production, enforce waste control measures, and coordinate administration of integrated pollution and waste management through a single government department.
• To set up information systems on chemical hazards and toxic releases and ensure the introduction of a system to track the transport of hazardous materials.
• To ensure the protection and proactive management of human health problems related to the environment in all forms of economic activity.
• To promote cleaner production and establish mechanisms to ensure continuous improvements in best practice in all areas of environmental management."

This Integrated Pollution and Waste Management policy is driven by a vision of environmentally sustainable economic development. This vision promotes a clean, healthy environment, and a strong, stable economy. By preventing, minimising, controlling and remediating pollution and waste, the environment is protected from degradation. By increasing the use of cleaner production technologies, avoiding accidental and operational releases and reducing the non-productive costs of treatment, disposal and clean-up, a more efficient and competitive economy and a healthier environment will be established.

The South African government is committed to a programme of sustainable development that will deliver basic environmental, social and economic services to all, without threatening the viability of natural, built and social systems upon which these services depend.

The Reconstruction and Development Programme articulates the need to follow a path towards sustainable development. It affirms the need to manage economic development and human growth in such a way that the earth's life support systems are not damaged or destroyed.

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In addressing environmental issues, the Reconstruction and Development Programme recognises the need for government to work towards:

• equitable access to natural resources,
• provision of safe and healthy living and working environments, and
• a participatory decision-making process around environmental issues which empowers communities to manage their natural environment.

The approach to environmental protection has been broadened to reflect the value that must be placed on the country’s natural resources and a wide range of instruments is being developed to assist in achieving the objectives of sustainable development. The government in its move to sustainable development, is investigating the use of measures additional to legal and regulatory mechanisms.

The key principles of the Reconstruction and Development Programme are re-emphasised in the Growth, Employment and Redistribution Macroeconomic Strategy, which guides economic actions in South Africa.

The long term view of the Growth, Employment and Redistribution Macroeconomic Strategy is:

• a competitive fast-growing economy which creates sufficient jobs for all work-seekers,
• a redistribution of income and opportunities in favour of the poor,
• a society in which sound health, education and other services are available to all, and
• an environment in which homes are secure and places of work are productive.

The macro-economic strategy for rebuilding and restructuring the economy is in line with the goals set in the Reconstruction and Development Programme. In the context of this integrated economic strategy, South Africa can successfully meet the related challenges of satisfying basic needs, developing human resources, increasing participation in the democratic institutions of civil society and implementing the Reconstruction and Development Programme in all its facets.

The Growth, Employment and Redistribution Strategy aims to boost economic growth by lowering protective barriers in a number of industrial sectors, promoting small and medium size industry and greater integration with the countries in the Southern African Development Community, as well as by creating an internationally competitive manufacturing industry. The strategy also emphasises that the South African economy cannot grow merely through exploitation of crude natural resources.

The Growth, Employment and Redistribution Strategy also states that the provision of basic household services is a relatively low-cost and effective form of public intervention in favour of the poor and consistent with the reduction of income inequalities. The universal provision of basic household waste removal services, as outlined in this Integrated Pollution and Waste Management policy, is therefore in accordance with the Growth, Employment and Redistribution Strategy and provides an area of synergy between macro-economic policy, waste management, health protection, and the redistribution of resources.

The Deputy Minister of Environmental Affairs and Tourism has initiated a legal review of all legislation pertaining to environmental management. This review will include recommendations regarding the legislative reforms required to give effect to this Draft White Paper on Integrated Pollution and Waste Management for South Africa.

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The participative process conducted in the development of this Integrated Pollution and Waste Management policy identified a number of issues relevant to the three receiving media, i.e. water, air and land, as well as waste as a major source of pollution. This Integrated Pollution and Waste Management policy was developed to address these issues.

The key water pollution issues are set out below.

The salinity (the salt in the water) of the fresh waters of South Africa varies substantially depending on background geology and atmospheric deposition. Man-made salinity impacts include: discharge of municipal and industrial effluents; urban storm water runoff; surface mobilisation of pollutants from mining and industrial operations; seepage from waste disposal sites, mining and industrial operations; and irrigation return water. Increasing salinity is a problem in several catchments. The impacts of salinisation include reduction in crop yields; increased scale formation and corrosion in domestic and industrial water conveyance systems; and increased requirement for pre-treatment of selected industrial water uses (such as boiler feed water).

The accumulation of nutrients (e.g. phosphate and nitrates) in water bodies, in excess of the natural requirements, results in nutrient enrichment (eutrophication). Nutrient enrichment impacts on the water environment as follows: the composition and functioning of the natural aquatic biota, as well as the attractiveness for recreation and sporting activities; the presence of toxic metabolites; the presence of taste- and odour-causing compounds; and difficulty in treating polluted water for potable and industrial purposes. Sources of the nutrients that cause eutrophication include indiscriminate use of agricultural fertilizers and the discharge of sewage effluent into water bodies.

Human settlements are the major source of deteriorating microbiological water quality. Disease-causing micro-organisms and parasites enter the water environment as partially treated sewage effluents, seepage and wash-off from inadequate sanitation, and leachate from waste disposal systems. In rural areas and poorly serviced urban areas, water resources are inadequately protected from sources of pollution including, but not limited to, dumping of wastes into water bodies; animals defecating in the catchment of rivers; and poor sanitation practices. Water sources particularly badly impacted are rivers downstream of large cities.

Many South African rivers carry a naturally high suspended solids load, reflected by high turbidity. Apart from the natural sources, there are many man-made sources of sediment and silt. These include: construction activities; poor agriculture and silviculture practices (such as non-contour ploughing); over-grazing; destruction of the riparian vegetation; and the physical disturbance of land by mining, industry and urban development. A high load of suspended solids impacts on the light penetration of water, changes natural productivity and affects the natural balance of predators and prey in biotic communities.

South Africa is highly industrialised and hence at times carries the burden of industrial pollution. Examples are: elevated concentrations in water of trace metals, such as aluminium, iron manganese, lead, copper, cadmium as well as radio nuclides. In addition to these inorganic pollutants, there are also a large number of synthetic organic pollutants. These compounds can be classified as carcinogenic, teratogenic and mutagenic. Concern is not only for the potable use of water (these compounds typically are not amenable to removal by conventional water treatment technology), but also for the aquatic biota and the organisms indirectly dependent on aquatic life, such as water fowl. Toxic organic compounds enter the water environment through agricultural, horticultural and silvicultural application of biocides, and from atmospheric depositions.

Sources of serious diffuse water pollution include: pit latrines; industrial seepage; agro-chemicals in soil fertilizers and insecticides; run-off from farm lands; and contamination from animal wastes, informal settlements, and leaking sewage pipes.

Off-shore exploitation of marine resources, particularly oil and gas exploration and exploitation of diamonds both in the coastal and deep sea regions, results in marine pollution. Off-shore, air-lifting operations result in underwater sediment plumes which have a detrimental affect on marine organisms. In the near shore area there is increasing concern over the extensive relocation of sand dunes. Oil tankers continue to navigate around South Africa’s coastline with oil spills which cause devastating environmental damage. Oil transfers (bunker oil) in harbours periodically result in spills. Diffuse source pollution through the seepage of sewage into coastal waters, partly as a result of increasing urbanisation in many coastal cities, is a source of concern, as is point source pollution, exemplified by sewage and industrial effluent discharge pipelines off the South African coast.

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3.2 Air Pollution

Air pollution sources include: pollution from mines, agriculture, domestic waste, industries, internally confined areas, non-electrified areas, vehicle emissions, crop spraying, smokers, low grade coal, domestic cooking, the burning of garden refuse, burning sugar cane, veld fires and veld burning, dust from roads and uncontrolled industrial emissions.

South Africans generally suffer from air pollution caused by the following compounds: particulates, sulphur oxides, nitrogen oxides, volatile hydrocarbons, carbon monoxide and dioxide, as well as obnoxious odours.

Asbestos air pollution has been recorded in a number of provinces. This form of pollution results from existing as well as decommissioned installations. The presence of asbestos in the environment to which the public is exposed, can result in incurable ailments such as asbestosis and mesothelioma.

The highest levels of air pollution at ground level are found in black townships. The use of coal stoves for cooking and heating in these areas causes air pollution well above safety levels. Attempts to solve this problem have failed for a number of reasons, viz. the origin, location and structure of the townships; inadequate planning for energy and transport requirements; socio-economic factors; coal as primary energy source; and a lack of education regarding the dangers and mitigation of air pollution, as well as the use of alternative mechanisms and technologies. Larger local authorities have made significant progress in reducing air pollution in the city centres and the more affluent residential areas. Unfortunately, the increasing number of sources of pollution and rapid urbanisation is making further progress difficult. New difficulties like informal settlements and trader fires are developing, while encroachment by industry on residential areas remains a problem.

Sources of dust include construction, agricultural and industrial activities. Dust from untarred roads in a large number of rural villages is a significant air pollution problem.

Vehicle emissions from transport trucks using diesel fuel and domestic vehicles contribute significantly to air pollution. Increasing dependence on private vehicle ownership and use has exacerbated the problem.

The following are the significant deficiencies perceived in current air pollution control:

• air pollution is not considered adequately in planning the placement of industries and residential areas,
• control equipment is poorly maintained, and often non-operational,
• emissions control, based on source control without reference to the receiving environment, and
• lack of prosecution of offenders.

In addition, there is a lack of transparency in all aspects of air pollution control, ranging from the extent of emissions, through the width of implications of best practicable means, to the control strategies, planning input and monitoring of implementation. Air pollution control must also take account of the growing international concern with the issue of climate change.

Noise pollution is viewed as an escalating problem and there is little practical means of remedying the situation in terms of current regulatory structures. Examples of noise pollution sources include traffic, construction, mining and industrial activities.

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3.3 Land Pollution

Waste disposal sites, especially those containing hazardous, medical, and veterinarian waste, may result in land pollution problems. Other problem areas include the siting of waste disposal sites, leachate, a lack of proper management of waste disposal sites, waste disposal sites located too close to residential areas, illegal waste disposal sites, a lack of suitable hazardous waste disposal sites and poor town planning. Cemeteries in unplanned settlements also create problems, such as water seepage from graves. Furthermore, land is contaminated by industrial pollution, pesticides, ash disposal, mining and sludge disposal. Other issues include spillages, incompatible land uses exposing sensitive environments to hazards and the pressure of overpopulation on land resources.

Major sources of land pollution include:

• environmentally detrimental agricultural practices,
• the wood processing industry,
• waste treatment and disposal,
• repair shops and scrap yards,
• service stations, and
• the metal industry.

Mining related activities also cause soil pollution and contribute to contamination of land: the seepage of acid water from gold mine dumps, which result in increases in sulphates and a lowering of the soil pH; leachate of acid water from oxidising shales of coal mine tailings; mining effluent as a significant source of land salinisation; uranium dumps in a number of provinces; and radioactivity in mine dumps.

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3.4 Pollution and Waste

Key issues relating to pollution and waste are detailed below.

In the past, waste management was not afforded the priority it warrants as an essential function required to prevent pollution and protect the environment and public health. Consequently, insufficient funds and human resources were allocated to this function. In many instances this neglect has resulted in a lack of long term planning, a lack of information, a lack of appropriate legislation and a lack of capacity to manage the waste stream. An example of the lack of long term waste planning is the failure to make provision for waste processing and disposal sites in physical land use and development decision-making. The lack of information is manifested in insufficient data on waste generators, waste generation and waste disposal sites which makes waste management difficult.

Waste management legislation is currently fragmented, unfocussed and ineffective. There is a resultant lack of control in all aspects of waste management: for example, there are no national minimum standards for the provision of waste collection services. In addition, on account of a lack of capacity on the part of the government, the enforcement of existing legislation is frequently unfocussed, especially with regard to waste disposal. Another area of concern is the importation and exportation of hazardous and radioactive waste. Whether overseas or Southern African Development Community countries are involved, the necessary policy and legislation on integrated waste management are currently lacking and urgently required.

Environmentally and socially unacceptable standards currently characterise many aspects of waste management, particularly in rural areas, where services are often non-existent. In many urban communities which have always had poor quality services, these services have collapsed as a result of non-payment and poor budgeting and financial planning.

Examples of environmentally and socially unacceptable standards include:

• Substandard, ineffective or non-existent waste collection and street cleaning systems.
• Illegal dumping and littering.
• Waste disposal sites which are poorly sited, designed and operated, and thus impact negatively on both the environment and quality of life. Furthermore, there is often little or no control over their use, and general waste disposal sites are frequently used for the illegal disposal of hazardous waste.
• Pickers at landfill sites are a controversial issue. While picking does provide a meagre sustenance, pickers disrupt operations and are exposed to hazardous wastes, including chemicals, medical and veterinary waste and dead animals, all of which could affect their health.

The focus to date has been on waste disposal and impact control. Concerns expressed in this regard include:

• The lack of waste avoidance, minimisation and cleaner production technology initiatives. Of concern is the current lack of regulatory initiatives to manage waste minimisation, with the potential for reducing the hazardous waste problem. Furthermore, there are no incentives for waste reduction and industries are not required to submit plans for waste disposal when they apply for permission to establish new enterprises.
• Inadequate resource recovery and a general lack of commitment towards recycling. There is no legislation, policy or waste management culture which promotes resource recovery or makes it financially viable. Consequently, resource recovery initiatives have not become popular in South Africa to any significant degree.
• The lack of a variety of appropriate waste treatment methods.

Integrated waste management is recognised internationally as addressing these criticisms by focusing on four internationally recognised steps, i.e. waste avoidance (prevention and minimisation), resource recovery (recycling and re-use), waste treatment, and waste disposal.

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Insufficient involvement of and empowerment of people

A major concern is the health and safety of workers, especially the vulnerability of contract workers/temporary workers, exposed to general pollution, hazardous substances and waste in the workplace.

Education and communication channels between sectors, especially government and civil society, are considered to be inefficient and inadequate. Ignorance of the importance of integrated pollution and waste management has resulted in communities being apathetic about combating the effects of pollution and waste, as they are not aware of the connection between poor pollution and waste management and disease. A lack of a right to know, secrecy and misinformation have also been major contributory factors to these issues not being taken up vigorously.

Identifying and consulting with interested and affected parties and stakeholders, and involving them in pollution and waste management related decision-making is difficult. Issues to be addressed should include stakeholder representation and the allocation of the responsibility for finding solutions to pollution problems, since there are no appropriate guidelines for public participation by authorities and communities.

There is also a general lack of capacity building and empowerment with regard to integrated pollution and waste management, i.e. from generation, through collection and transportation to final disposal. There is thus a need for capacity building at all levels and in all sectors.

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The government believes that pollution prevention is one of the most effective means of protecting South Africa’s people and environment. Pollution prevention eliminates costly and unnecessary waste and promotes sustainable development. It focuses on avoiding the creation of pollutants rather than trying to manage pollution after it has been created.

This Integrated Pollution and Waste Management policy stresses the need to make pollution prevention a part of everyday activities and decisions, whether as government agencies, business or industry, labour, communities, or individuals. This policy shows how the focus of environmental protection can be shifted from reacting to pollution towards the prevention of pollution at source.

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

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

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

While the implementation of pollution prevention will differ amongst sectors, the general techniques will include the following: policy and regulation; technical assistance and compliance monitoring; prioritising substances of concern; efficient use and conservation of natural resources; reuse and recycling; operating efficiencies; economic incentives and disincentives; integration of environmental concerns into land-use planning and urban development; training; household waste minimisation and recycling; product design; process changes; cleaner production; creating efficient information systems; life cycle analysis; partnerships; and awareness raising, capacity building and development of strategies and tools to enable people to follow sustainable lifestyles.

Pollution prevention is about expanding the range of options for environmental decision making. It is about innovation in product design and production. It encourages cost savings through efficiencies and conservation. It insists on sound management of persistent, bio-accumulative and toxic substances and on eliminating their use where necessary. It offers South Africans an opportunity to achieve their environmental goals in ways that are more effective than the traditional means of environmental protection and that stimulate innovation and the ability to compete.

Changes in behaviour are paramount to the pollution prevention approach to environmental protection. There are a number of ways to help organisations and individuals realise the benefits of pollution prevention and incorporate pollution prevention strategies into the way they go about their business and their lives. Government guidance and regulation is needed to improve pollution prevention measures by means of enabling legislation that sets the framework for responsive pollution prevention programs.

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4.1.2 Benefits of the shift to prevention

The shift to prevention will:

• minimise and/or avoid the creation of pollutants and waste,
• minimise and/or avoid the transfer of pollutants from one medium to another,
• accelerate the reduction and/or the elimination of pollutants,
• minimise health risks,
• promote the development of pollution prevention technologies,
• use energy, materials and resources more efficiently,
• minimise the need for costly enforcement,
• limit future liability with greater certainty,
• avoid costly clean-up practices,
• promote a more competitive economy,
• reduce human impact on the environment,
• enhance the quality of life, and
• ensure intergenerational equity.

The course of action that this Draft White Paper proposes will have a significant influence on how South Africa's pollution and waste management goals and objectives are pursued in the future. The government will establish an integrated pollution and waste management system which will offer greater protection to people and the environment.

The integrated pollution and waste management system will:

• assist the government in attaining its sustainable development goals,
• ensure that quality, quantity and accessibility of information is improved,
• allow for greater public access to information,
• facilitate strong partnerships between the government sector, private sector, labour, non-governmental organisations and communities,
• facilitate compliance with environmental laws and reduce the amount of bureaucratic delays, and
• build capacity and awareness.

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The approach to identify pollution and waste issues and address them in a practical manner includes the following:

• adopting a media based approach focusing on the primary receiving media, i.e. water, air and land,
• recognition of waste as a primary source of pollution,
• an integrated and phased approach dealing firstly with source control, secondly with impact management and lastly with remediation (see Figure 1),
• training, education and capacity building of all sectors,
• public participation, and
• ensuring a holistic approach by integrated pollution prevention and waste minimisation.

Specific aspects of pollution prevention and waste minimisation which will be considered for each of the media are set out below.

The policy on water pollution management covers inland waters, both surface and ground water, as well as estuarine and marine waters.

Issues which will be considered in relation to policy implementation are:

• river catchments as basic management units,
• land uses affecting catchment water quality,
• water quality requirements as specified by the catchment water users,
• management of stormwater from industrial and urban areas,
• point sources of pollution, e.g. sewage treatment works and industrial wastewater treatment works, and
• diffuse source pollution, e.g.:
  • polluted base flow originating from industrial areas (including marine outfalls),
  • leachate from waste disposal sites, and
  • leakage from sewage reticulation systems and sewage works.

With regard to integration, the following issues will be considered:

• the regulation of water pollution by the Department of Water Affairs and Forestry,
• the agricultural and domestic use of herbicides, pesticides and poisons, and their contribution to the contamination of storm water run-off,
• soil erosion resulting in siltation of reservoirs and high silt loads in rivers,
• atmospheric deposition on land and the indirect impact on surface and ground water, and
• windblown dust and solids from tailings deposits and its impact on water quality.

The policy on air pollution management considers pollution on a local, regional, national and global scale. Atmospheric pollution, malodour generation and control, as well as indoor air pollution will be covered.

Issues which will be considered in relation to policy implementation are:

• smoke (particulates) arising from coal and fuel burning (including particulates from power generation),
• vehicle emissions,
• emissions from industrial activities,
• dust arising from mining and industrial activities,
• various sources of greenhouse gases,
• waste disposal sites,
• incinerator emissions,
• acid rain, and
• noise.

With regard to integration, the following issues will be considered:

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• the regulation of air pollution by the Department of Environmental Affairs and Tourism, the provinces and local authorities,
• the pollution of water used for scrubbing air, and
• air pollution arising from the disposal of solid waste.

The policy on land pollution considers the following: urban, industrial, mining, rural and agricultural land. The loss of arable land through compaction and alien invasion will not be discussed in this document. Soil erosion will also not be covered per se, except under the water medium, where it is regarded as a pollutant (see section 4.2.1).

Issues and land pollution sources which will be considered in relation to policy implementation are:

• injudicious/over-use of fertilisers,
• inappropriate utilisation of agricultural chemicals,
• unsustainable farming practises,
• irrigation with sewage sludge,
• over irrigation, and
• the impact of agricultural chemicals such as pesticides, herbicides, and fertilizers on surface water and groundwater quality.

With regard to integration, the following issues will be considered:

• the regulation of land pollution by the Department of Agriculture, the Department of Water Affairs and Forestry, the Department of Minerals and Energy and other pollution control authorities,
• the impact of land pollution on 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,
• land pollution from liquid effluent disposal via irrigation,
• the impact of industrial activity on ground and surface water quality,
• the impact of sewage treatment works,
• the impact of residential development,
• land application of sewage sludge, and
• the impact of waste and hazardous waste disposal sites.

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4.2.4 Waste

The policy on waste management considers domestic, commercial, agricultural, mining, industrial, metallurgical, power generation, nuclear, medical, and hazardous waste, as well as litter. Since waste is considered as a source of pollution, so that this policy will address the management of the entire waste handling process, that is from generation to final disposal

Issues which will be considered in relation to this Integrated Pollution and Waste Management policy implementation are:

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

With regard to integration, the following issue will be considered:

• regulation of waste by the Department of Environmental Affairs and Tourism.

The government will adopt the functional approach to integrated pollution and waste management (see Figure 1).

Figure 1: A functional approach to integration of pollution and waste management

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Source-based controls are used to control waste generation and discharge. By controlling waste discharges at source, this type of control supports management of the receiving environment. In some instances, source-based controls can be extended to prevent waste production altogether.

Management of the receiving environment (impact management) entails anticipating threats to the environmental media and ensuring that source-based controls are put in place to control such threats. It includes setting ambient quality standards.

Remediation entails retroactive intervention to achieve reversal of environmental damage. Source based controls and remediation actions are used to achieve or monitor a specific ambient quality as required by impact management.

4.2.6 Education and training

The government will promote the education and empowerment of South Africa’s people with regards to integrated pollution and waste management by increasing their awareness of and concern for pollution and waste, and assisting in the developing of the knowledge, skills, values and commitment necessary for successful integrated management.

Public participation is considered a cornerstone for the development of this policy. The government’s approach in this policy is to establish mechanisms and processes to ensure effective public participation and capacity building in integrated pollution and waste management.

Policy principles are the fundamental premises government will use to apply, develop and test policy and subsequent actions, including: decision making, legislation, regulation and enforcement.

The overarching principles of this Draft White Paper on Integrated Pollution and Waste Management for South Africa are those of the constitution and Bill of Rights, as well as those adopted in the Draft White Paper on Environmental Management Policy for South Africa (see Appendix 2).

In addition to these general constitutional and environmental principles, the following specific principles for pollution and hazardous waste management have been adopted:

• Transboundary Movement
  Potential trans-boundary effects on human health and the environment will be taken into account.
• Duty of Care Principle
  Any institution which generates hazardous waste and which decides not to manage its waste, is always accountable for the management and disposal of this waste.
• Universal Applicability of Regulatory Instruments
  All industrial operations in South Africa will be subject to the same integrated pollution and waste management regulatory system.

Policy criteria are norms for evaluating the implementation of the policy principles. The following criteria will be used to evaluate the implementation of Integrated Pollution and Waste Management policy principles:

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• Accessibility
  Management systems and information must be accessible to all sectors of civil society. In addition there will be access to authorities for complaints, especially at local level.

• Clarity
  Legislation regarding the management of pollution and waste, including regulatory instruments (such as standards, technology, incentives and effective policing and monitoring) will be drafted in an unambiguous manner and be understandable and accessible to all sectors of society.

• Consistency
  All elements of this policy will be interconnected and interrelated to ensure that there is no contradiction between different elements, and that policy will be formulated and implemented on an ongoing basis and consistently through all sectors of society.

• Effectiveness
  All elements of this policy should work together to ensure that the results of the management process enhance the quality of the environment.

• Enforceability
  Policy will be backed by effective legislation with mechanisms to enforce it.

• Role of Women
  Recognition of the role women can play in transforming society and building capacity will be recognised as regards integrated pollution and waste management.

• Timeousness
  Subject to this criterion, decision making procedures should take place within reasonable time frames, but not be used to restrict public participation.

• Transparency
  All reasons for decisions will be recorded and be available for public scrutiny.

• Providing capacity-building
  Resources must be provided to build capacity in both government and civil society.

• Recognition of the different status of developed and developing countries
  Where South Africa is involved in international negotiations on Integrated Pollution and Waste Management, it will promote a position that recognises the different status of developed and developing countries. In this regard, it will promote the concept of common but differentiated responsibility.

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This chapter sets out, in the form of broad strategic goals and supporting objectives, the priorities for achieving the vision of Integrated Pollution and Waste Management over the next five to ten years. These goals chart the direction the government will follow in meeting its commitment to integrated pollution and waste management. The chapter also introduces the concept of the National Waste Management Strategy which will form one of the bases for translating the goals and objectives into practice.

The overarching goal is integrated pollution and waste management .

The intention is to move from a previous situation of fragmented and uncoordinated pollution control and waste management to integrated pollution and waste management and waste minimisation.

In order to ensure that this Integrated Pollution and Waste Management policy is translated into practice, the national Departments of Environmental Affairs and Tourism and of Water Affairs and Forestry will develop a National Waste Management Strategy. This national strategy will deal with the problems of waste and associated pollution. It will detail strategies and action plans and set time frames and targets. However, many aspects of this Integrated Pollution and Waste Management policy can be implemented without delay and it will not be necessary to wait for the completion of the National Waste Management Strategy. These aspects will be dealt with through existing administration routes.

Within the framework of the overarching goal of integrated pollution and waste management, the government has identified seven strategic goals for achieving integrated pollution and waste management. These goals are interdependent and implementation must address all of them to be effective. It is vital to recognise that environmental concerns and issues cut across various sectors and functions. Therefore, integrated pollution and waste management depends on cooperation and initiatives from all sectors of society. The supporting objectives address functions of Department of Environmental Affairs and Tourism and Department of Water Affairs and Forestry, as well as functions of other government departments that impact on pollution and waste management and will require their cooperation and commitment for effective implementation.

The strategic goals and their supporting objectives, listed under the headings of Administrative Actions and/or the National Waste Management Strategy, address the major issues the government faces in its drive to achieve and ensure integrated pollution and waste management.

• Goal 1: Effective Institutional Framework and Legislation
• Goal 2: Waste Minimisation, Impact Management and Remediation
• Goal 3: Holistic and Integrated Planning
• Goal 4: Participation and Partnerships in Integrated Pollution and Waste Management Governance
• Goal 5: Empowerment and Environmental Education
• Goal 6: Information Management
• Goal 7: International Cooperation

Government has initiated a process of formulating a National Waste Management Strategy which will include implementation strategies to give effect to this Integrated Pollution and Waste Management policy and a number of action plans. The strategies and action plans are set out in terms of the seven strategic goals listed above. Action plans will be incorporated in the programme of the Department of Environmental Affairs and Tourism which will guide the reallocation of resources. Clear management responsibilities for the achievement of programme targets will be assigned.

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5.2.1 Goal 1: Effective institutional framework and legislation

Administrative actions

• establish mechanisms to give effect to the institutional arrangements for all spheres of government as set out in Chapter 6; and
• conduct an audit and review of existing skills, capacities, functions and the deployment of resources in the national Department of Environmental Affairs and Tourism and the Department of Water Affairs and Forestry and realign them to achieve implementation of this Integrated Pollution and Waste Management policy.

National Waste Management Strategy

• establish mechanisms to set national minimum ambient or environmental quality criteria which consider both concentration and load of pollution;
• develop uniform procedures for the setting and enforcing of environmental criteria throughout the country;
• develop a comprehensive information system which is easily accessible to all users and interested parties;
• develop mechanisms to encourage reductions in pollution through a system of economic incentives, e.g. by low- and non-waste technologies;
• establish mechanisms to develop a system of incentives to supplement the existing command and control approach;
• develop mechanisms to internalise the costs associated with waste; and
• develop mechanisms to ensure that every effort is made to identify the parties responsible for the damage to the environment and make them responsible for the costs of remediation.

National Waste Management Strategy

• establish, attain and maintain ambient standards which are conducive to good human health and safety and which allow for sustained ecosystem maintenance;
• develop mechanisms to set up appropriate regulations, quotas and standards to regulate waste generation in order to promote waste minimisation;
• develop mechanisms to encourage wider involvement by all stakeholders in agreements and partnerships, with the aim of improving pollution prevention and waste management performance and developing and adopting best practice standards that exceed minimum requirements;
• develop mechanisms to ensure the safe transportation of raw materials, products and wastes to prevent accidents and spills which could adversely affect the environment and public health;
• develop mechanisms to encourage the use of voluntary agreements; and
• develop mechanisms to involve affected parties, environmental groups, labour, community based organisations, non-governmental organisations, business and industry, monitoring committees, and particularly local, regional and provincial authorities as appropriate in the enforcement of environmental standards.

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5.2.2 Goal 2: Pollution and waste minimisation, impact management and remediation

Integrated pollution and waste management

National Waste Management Strategy

• develop mechanisms to set targets to minimise waste and pollution at source;
• develop mechanisms to prioritise pollutants requiring prevention control by utilising a risk based approach to assess the impact on the environment;
• develop mechanisms to set up information systems on chemical hazards and pollution releases and the introduction of a system to track the transportation and disposal of waste materials; and
• develop mechanisms to promote cleaner production technologies.

Media specific subsidiary objectives to be addressed through legislative means and administrative actions:

• Water pollution management
• to manage, prevent, reduce, control and remediate surface water pollution: including salinisation; enrichment by plant nutrients; microbiological deterioration; sediment and silt migration; pollution due to harmful inorganic and organic compounds; thermal pollution; acidity and various point and non-point pollution from a variety of different land uses including infrastructure development, industrial/mining/manufacturing, human settlements, agriculture, recreation and tourism; and the disposal of wastes resulting from all forms of human activity;
• to manage, prevent, reduce, control and remediate groundwater pollution: including pollutants due to the introduction of both organic and inorganic substances; as the result of leachate from waste disposal facilities, leaking underground storage tanks; surface impoundment; and groundwater recharge with polluted surface water;
• to manage, prevent, reduce, control and remediate marine pollution: including oil spills; illegal dumping at sea; land-based pollution through ocean discharge of polluted rivers, streams and sea outfalls; activities such as off-shore exploitation of marine resources; oil gas exploration; and diamond exploitation in coastal and deep sea regions; and
• to ensure that the quality of water required to maintain ecological functions is protected, so that the human use of water does not individually or cumulatively compromise the long term sustainability of aquatic and associated ecosystems.
• Air pollution management
• to manage, prevent, reduce and control air pollution: including emissions of sulphur oxides, nitrogen oxides, volatile hydrocarbons, carbon monoxide and dioxide as well as particulates, to maintain human health and ecological functions at an acceptable level; and
• to manage, prevent, reduce and control air pollution from the following specific key pollution sources: industrial and domestic fuel combustion, and vehicle emissions.
• Land/soil pollution management
• to manage, prevent, reduce and control agricultural soil pollution resulting from inter alia: the injudicious/over-use of fertilisers; over-irrigation; irrigation with sewage sludge; unsustainable farming practices; and inappropriate land use of agricultural chemicals;
• to manage, prevent, reduce and control soil pollution linked to water quality management: including salinisation by agricultural return water and the concomitant salinisation of irrigation soils which reduces crop yields;
• to adopt an integrated approach to soil quality management;
• to develop an appropriate policy which deals with pesticides in an integrated manner, by taking into account the economic and development imperatives underpinning pest control and the impact of pesticides on human health and the environment; and
• to manage, prevent, reduce and control soil pollution problems arising from other sources: such as the wood processing industry and wood impregnation; waste treatment and disposal; repair shops and scrap yards; service stations; the metal industry, and pollution from mining related activities.

Pollution and waste avoidance, prevention and minimisation to be achieved by:

• adhering to mechanisms to ensure appropriate design parameters, optimising operating procedures and good housekeeping for all waste generating processes; and
• identifying mechanisms by means of risk assessment for situations where accidents and spills can cause unscheduled waste emissions, whether it be at a facility or during transport.

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Resource recovery, recycling and re-use mechanisms for:

• reduction in the waste stream by ensuring an economic environment which favours recycled materials;
• subsidising recycling campaigns in order to make them economically viable;
• separation and recovery of resources as early as possible in waste generating processes in both the commercial and domestic sectors;
• resource recovery at waste transfer stations, waste treatment facilities and waste disposal sites;
• organised and controlled waste reclamation, as opposed to uncontrolled picking at waste disposal sites;
• extraction and utilisation of landfill gas; and
• ensuring that all South Africans have adequate and sufficient waste and refuse collection services.

Waste collection, treatment and processing mechanisms for:

• encouraging waste reduction and resource recovery by local authorities;
• ensuring that wastes are appropriately treated and processed prior to their disposal in accordance with relevant laws, regulations, standards and guidelines; and
• rendering harmless any pollutants which may be released during waste treatment processes.

Final waste disposal mechanisms for:

• timeous identification, investigation and development of environmentally and socially acceptable waste disposal facilities, in a manner which promotes the regionalisation or sharing of waste disposal sites to reduce their number;
• compliance with the relevant laws, regulations, standards and guidelines;
• permitting waste disposal sites in terms of the Environment Conservation Act (No 73 of 1989), Section 20(1); and
• by developing, operating and/or closing all other waste disposal facilities, including tailings dams, metallurgical slag dumps, whether proposed, existing or closed, in terms of the appropriate guidelines and pollution control legislation.

Pollution remediation mechanisms

• in instances where the environment has been impaired through accidental, insidious or intentional pollution or unacceptable waste management practices, it must be remediated and returned as close as possible to its original state.

Hazardous waste importation

• giving effect to the requirements of the Basel, including decision 3.1 (amendment to the Basel Convention) and Lome Conventions, and
• investigating the benefits of becoming a signatory to the Bamako Convention.

Integrated environmental management mechanisms

National Waste Management Strategy

• to incorporate integrated environmental management principles and methodologies in spatial development planning, as it affects aspects related to pollution and waste management;
• to make timeous and appropriate provision for adequate waste disposal facilities;
• to develop management instruments and mechanisms for the integration of pollution and waste management concerns in development planning and land allocation;
• to develop standards for pollution and waste management systems, environmental impact assessments, monitoring and audit procedures for and reporting of all activities including government activities that impact on pollution and waste management; and
• to develop agreed, appropriate indicators to measure performance in all areas of national, provincial and local pollution and waste policies.

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5.2.4 Goal 4: Participation and partnerships in integrated pollution and waste management governance

Administrative actions

• ensure that communication strategies in all spheres of government address public participation needs; and
• allocate government resources (financial and human) to build institutional capacity in national, provincial and local government spheres for effective management of public participation in integrated pollution and waste management governance.

National Waste Management Strategy

• encourage strategic alliances between government and interested and affected parties to ensure integrated pollution and waste management and achieve sustainable development;
• develop mechanisms to ensure public participation and community involvement in processes relevant to Integrated Pollution and Waste Management;
• make the involvement of the public mandatory in waste management decisions, where people will be or can be affected; and
• investigate extending the use of environmental monitoring committees, which involve representation and participation of the public, to monitor all waste disposal sites and other sensitive waste management projects. This strategy will also encourage continued ad hoc monitoring by involving interested and affected parties.

Administrative actions

• integrate pollution and waste management education in all education programmes, at all levels, in all curricula and disciplines of formal and non-formal education in the National Qualification Framework;
• enhance integrated pollution and waste management literacy through the use of all forms of communication media;
• promote "outreach programmes" aimed at people in rural areas and the education of decision makers;
• ensure that integrated pollution and waste management education programmes and projects foster a clear understanding of the inter-relationship between pollution and waste, and of the economic, social, cultural, environmental and political issues in local, regional, national and global spheres; and
• develop a culture amongst all South Africans to discourage pollution and waste generation.

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National Waste Management Strategy

• promote capacity building programmes and projects that assist people, particularly those from disadvantaged sectors of society, in developing social and organisational skills to employ local and other knowledge in assessing and addressing their pollution and waste management concerns;
• assist small, micro and medium enterprises in developing appropriate integrated pollution and waste management procedures;
• encourage and support the involvement of women, workers, the unemployed, the disabled, traditional healers, the elderly and other special interest groups in the design, planning and implementation of integrated pollution and waste management education and capacity building programmes and projects; and
• build capacity for effective implementation of government's national policy on Integrated Pollution and Waste Management.

National Waste Management Strategy

• establish effective and efficient information systems, including the development of appropriate pollution indicators, to ensure informed decision making, measure progress in policy implementation and enable public participation in integrated pollution and waste management governance;
• strengthen and build the capacity of government to collect, analyse and use relevant information and knowledge for integrated pollution and waste management from all sources including formal, non-formal and traditional sources;
• disseminate information through formal and informal channels including communication media in an accessible format;
• develop a register of pollution releases from point and diffuse sources;
• develop a register for all waste handlers; and
• register all waste disposal sites.

Administrative Actions

• adopt a uniform approach to the handling of international agreements and obligations;
• consider conventions or other instruments which are being negotiated by an international body, as well as conventions which have been adopted internationally, by giving due attention to:
• recognising the interest of stakeholders in formulating an official national position to be submitted to the relevant international negotiating forum;
• arranging the formation of a multi-sectoral committee which will be responsible for formulating a national point of view;
• constituting national delegations which comprise government officials, as well as all sectors of society; and
• making a recommendation to Parliament as to the accession to an international obligation, and in the process taking the following issues into account:
  • available resources to ensure implementation,
  • views of stakeholders,
  • benefits to the nation, and
  • disadvantages to the nation.
• ratification of a convention must be followed by ensuring that the necessary domestic legislation complies with the international obligation, as well as promulgating the legislation prior to the entry into force of the convention where applicable, including:
• designation of the responsible national authority or focal point,
• publication of the full text of the convention, and
• publication of the legislation to give effect to the convention;
• ensure South Africa acts in accordance with this Integrated Pollution and Waste Management policy in dealing with international treaties and agreements and that pollution and waste management considerations are included in all relevant international negotiations;
• ensure adequate opportunity for consultation with all relevant interested and affected parties before negotiating, entering into and implementing international agreements;
• meet all requirements arising from international agreements and obligations dealing with pollution and waste management; and
• cooperate internationally on common pollution and waste management concerns, giving priority to the Southern African Region.

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6. GOVERNANCE

This chapter deals with:

• the role of government,
• the roles that all other stakeholders play, and
• the mechanisms used for enforcement of integrated pollution and waste management

The starting point for developing an Integrated Pollution and Waste Management policy for South Africa is the Constitution. According to the Constitution, the legislative and executive authority of different spheres of government is set out within a framework of cooperative governance, and national and provincial governments have some concurrent and some exclusive powers in terms of the management of the environment. The Constitution also sets out how national and provincial government regulate certain functions of local government in this regard.

Functional areas of concurrent national and provincial legislative competence regarding integrated pollution and waste management are:

• disaster management,
• education at all levels, excluding tertiary education,
• environment,
• industrial promotion,
• nature conservation, excluding national parks, national botanical gardens and marine resources,
• pollution control,
• regional planning and development,
• soil conservation,
• urban and rural development,

as well as the regulation of the following local government matters:

• air pollution,
• municipal planning,
• harbours, excluding the regulation of international and national shipping,
• stormwater management systems in built-up areas, and
• water and sanitation services limited to potable water supply systems and domestic wastewater and sewage disposal systems.

The functional area of exclusive provincial legislative competence regarding integrated pollution and waste management is provincial planning, as well as the regulation of the following local government matters:

• cleansing,
• control of public nuisances,
• noise pollution, and
• refuse removal, refuse dumps and solid waste disposal.

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6.2 Draft White Paper on Environmental Management Policy for South Africa

The White Paper on Environmental Management Policy for South Africa delineates Government’s policy on environmental management. The Integrated Pollution and Waste Management policy forms a subsidiary and supporting policy to this environmental management policy. The latter policy identifies Government as the custodian of the nation’s environment and the Department as the lead agent responsible for ensuring integrated and co-ordinated implementation of Government’s policy on environmental management.

All sectors of South African society have a role to play in integrated pollution and waste management. In its move to establish a more effective and efficient system for protecting human health and the environment, the Departments of Environmental Affairs and Tourism and of Water Affairs and Forestry cannot act in isolation. Therefore, it is the policy of the Department of Environmental Affairs and Tourism as environmental lead agent to encourage all stakeholders, i.e. other government departments, business and industry, labour, environmental and public interest groups, communities and other members of civil society to participate in the discussion, design and implementation of new policies and programmes.

The functional approach that will be adopted for pollution and waste management is an integrated receiving environmental media approach. There are three main functional areas which will be covered by media management, viz. source-based controls, impact management and remediation.

For the purposes of this Integrated Pollution and Waste Management policy, the need to manage water quantity and water quality as an indivisible natural asset is recognised. The Department of Water Affairs and Forestry, as the lead agent for water, is responsible for water quantity and water quality management, the latter including water pollution control and wastewater discharge to the environment, within an overall integrated system.

National government is structured in such a way that certain departments are media-specific (such as the Department of Environmental Affairs and Tourism and the Department of Water Affairs and Forestry) and others are sector-specific (such as the Department of Agriculture and the Department of Minerals and Energy). Each department has been charged with specific functions and powers.

The Department of Environmental Affairs and Tourism has been appointed as the lead agent for the environment and the Department of Water Affairs and Forestry, as the lead agent for water, is responsible for water quantity and quality management. As such it will provide leadership and guidance to enable other national departments, provincial environmental departments and local authorities to meet their executive obligations in respect of the environment, including integrated pollution and waste management. In performing these functions the lead agent will act in accordance with the requirements of cooperative government. The lead agent will take overall responsibility for integrated pollution and waste management in South Africa. The Department of Environmental Affairs and Tourism will execute its responsibilities by concentration and extension. Furthermore, it will establish guidelines, mechanisms and structures which ensure that activities undertaken by other media and sector managers are coordinated, uniform and effective.

It is the intention to strengthen the Department of Environmental Affairs and Tourism’s capability in the field of integrated pollution and waste management and to undertake the line functions associated with the implementation of this Integrated Pollution and Waste Management policy. To ensure coordination between the Department of Environmental Affairs and Tourism and Departments and agencies in different spheres of government exercising pollution and waste management functions, it may be appropriate to establish Interim working arrangements. These will be formulated as Memoranda of Understanding (MOU’s) to ensure that functions are exercised efficiently, without duplication and in a cooperative and mutually supportive manner. In this way it will promote institutional integration and harness the existing skills and expertise in national departments active in the field of integrated pollution and waste management.

An underlying principle in the allocation of governance functions is the devolution of responsibility to the most appropriate sphere of government. Where the allocated sphere of government does not have the resources or capability, the next sphere of government will execute the function. Furthermore, the Department of Environmental Affairs and Tourism will assist where resources and capability are lacking, as well as assist in building capacity.

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Functions of the lead agent

As the lead agent the Department of Environmental Affairs and Tourism will ensure that the following integrated pollution and waste management related functions are undertaken:

• policy, strategy and legislation,
• coordination,
• enforcement,
• dissemination and reporting of information,
• participation and appeals,
• monitoring, auditing and review, and
• capacity building.

In order to fulfil its responsibilities as lead agent, the Department of Environmental Affairs and Tourism will:

• enforce compliance with national policy on integrated pollution and waste management, and legislation, norms and standards;
• bind all spheres of government and organs of State to comply with and give effect to national integrated pollution and waste management legislation, norms, standards and guidelines in performing their integrated pollution and waste management functions;
• review the environmental impacts of all government policies, strategies, plans, programmes and actions and ensure that they conform with national policy on integrated pollution and waste management, legislation, norms and standards;
• enact legislation giving the national Department of Environmental Affairs and Tourism the power of intervention to protect the environment in cases of conflict between national and provincial law as provided for in section 146 of the Constitution;
• intervene in instances where provincial or local governments fail to fulfill an executive obligation in respect of integrated pollution and waste management as provided for in section 100 of the Constitution.

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Functions of the media/sector manager

The media/sector manager will ensure that the following integrated pollution and waste management related functions are undertaken regarding its medium or sector:

• policy, strategy and legislation,
• coordination,
• enforcement,
• dissemination and reporting of information,
• participation and appeals,
• monitoring and review, and
• capacity building.

In order to fulfil its responsibilities as the media/sector manager, the relevant departments will:

• participate in the National Integrated Pollution and Waste Management Coordinating Committee,
• enforce compliance with media/sectoral policy, legislation, norms and standards,
• determine the impact on its particular media or sector and set impact criteria,
• manage its media/sector through source control, impact management and remediation,
• build institutional capacity, and
• ensure public participation.

The Department of Environmental Affairs and Tourism will interface with the relevant national departments through a National Integrated Pollution and Waste Management Coordinating Committee. This committee will be established to deal with all relevant pollution and waste issues.

Permanent members of this committee will be:

• Department of Environmental Affairs and Tourism;
• Department of Water Affairs and Forestry;
• Department of Agriculture; and

• Department of Minerals and Energy.

It should be noted that as far as land is concerned, a number of national departments are involved in the management of this medium, i.e. the Department of Agriculture, the Department of Environmental Affairs and Tourism, the Department of Water Affairs and Forestry, and the Department of Minerals and Energy.

In addition to the permanent members of the Coordinating Committee, other departments that also deal with pollution and waste issues from time to time, will be co-opted as and when appropriate. Departments falling into this category include, the Department of Labour, the Department of Health, the Department of Trade and Industry and the Department of Transport.

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6.4.2 Provincial government

Provincial governments have a responsibility to implement integrated pollution and waste management programmes, conduct compliance and enforcement programmes and monitor environmental conditions. Provincial performance is fundamental to the achievement of the goals and objectives of this Draft White Paper on Integrated Pollution and Waste Management for South Africa.

In order to effect integrated pollution and waste management within the provinces, a Provincial Integrated Pollution and Waste Management Coordinating Committee will be established for each province.

Representation on this Committee may include:

• the relevant provincial Departments,
• local government,
• the national Department of Environmental Affairs and Tourism,
• the Department of Water Affairs and Forestry, and
• the regional Office of Minerals and Energy.

In accordance with constitutional provisions, it is an underlying approach of this policy that certain integrated pollution and waste management functions must be shared with provincial Governments in order to develop effective capacity to deal with such functions.

Where capacity exists, certain integrated pollution and waste management functions, such as implementation, enforcement and inspection, will be delegated to local government by the Department of Environmental Affairs and Tourism. Where this capacity does not exist, the lead agent and the provinces will assist in the development of such capacity. It will also be the task of the lead agent to provide guidelines for local government to ensure a uniform approach to integrated pollution and waste regulation and enforcement.

The current practice of issuing individual medium or activity permits will be altered to a system of multimedia authorisations, which will result in a single permit covering all aspects of integrated pollution and waste management.

Mechanisms to give effect to this change in approach will be developed jointly by the relevant authorities. In order to expedite the evaluation of applications, a consolidated set of requirements for applications, including impact assessments, will be prepared jointly by the relevant authorities. A Coordinating Committee comprising representatives of the media/sector managing departments, either at national or provincial level as appropriate, will be established to ensure overall coordination. This Committee will be convened and administered by the Department of Environmental Affairs and Tourism, which is identified as the entry and exit point for the multimedia authorisations. Coordinating Committees will be established at provincial level in a similar manner.

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In order to expedite evaluation of applications, a consolidated set of requirements for applications including impact assessments will be prepared jointly by the relevant authorities. These requirements will be incorporated in guidelines which will guide both government and applicants in the process. Impact assessments will be undertaken in accordance with relevant laws, regulations, standards and guidelines.

Evaluation of the different elements of the authorisation application against the predetermined consolidated set of requirements will take place at the appropriate level of government, depending on the department involved. National or Provincial Integrated Pollution and Waste Management Coordinating Committees will be the forums for final evaluation of authorisation applications to ensure that all environmental impacts and mitigation requirements have been covered; however, the component of the authorisation relating to the individual media remains the responsibility of the media manager (see Figure 2). The authorisation will not only include standards, but could also include, without being limited to, details of voluntary agreements, economic instruments and any other clauses and details of the frequency and method