Work in Progress

DEPARTMENT OF ECONOMIC DEVELOPMENT AND ENVIRONMENTAL AFFAIRS

GENERAL AND HAZARDOUS WASTE MANAGEMENT PLANS

SITUATION ANALYSIS REPORT

WORK IN PROGRESS

DEDEA REF: SCMU 9/0809/004

NOVEMBER 2009

SITUATION ANALYSIS REPORT

CONTENTS

Chapter Description Page

1 INTRODUCTION 1

1.1 Objectives of the PIWMP 1

1.2 Scope of the PIWMP 2

1.3 Approach to this PIWMP 3

1.4 Approach to this Situation Analysis 4

1.5 Assumptions and limitations 6

2 GENERAL WASTE MANAGEMENT – PROVINCIAL OVERVIEW 8

2.1 Demographics of the province 8

2.2 Integrated Waste Management Planning 11

2.3 Waste information management 12

2.4 Waste generation 13

2.5 Waste minimisation and recycling 14

2.6 Waste collection and transportation 15

2.7 Waste treatment and disposal 17

2.8 DEDEA institutional details 26

3 GENERAL WASTE MANAGEMENT – DISTRICT OVERVIEW 30

3.1 Amathole District Municipality 30

3.2 Cacadu District Municipality 36

3.3 Chris Hani District Municipality 40

3.4 Ukhahlamba District Municipality 42

3.5 OR Tambo District Municipality 44

3.6 Alfred Nzo District Municipality 48

3.7 Nelson Mandela Bay Municipality 50

4 HAZARDOUS WASTE MANAGEMENT – PROVINCIAL OVERVIEW 53

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5 HAZARDOUS WASTE MANAGEMENT – DISTRICT OVERVIEW 54

5.1 Amathole District Municipality 54

5.2 Cacadu District Municipality 55

5.3 Chris Hani District Municipality 55

5.4 Ukhahlamba District Municipality 55

5.5 OR Tambo District Municipality 56

5.6 Alfred Nzo District Municipality 56

5.7 Nelson Mandela Metropolitan 56

6 POLICY AND LEGISLATION 58

6.1 Introduction 58

6.2 International conventions 58

6.3 National Environmental Management: Waste Act (59 of 2008) 60

6.4 Other national legislation 64

6.5 National policies and guidelines 68

6.6 Provincial and local legislation 72

7 CONCLUSIONS 77

8 REFERENCES 78

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APPENDICES

Appendix 1: Waste questionnaire as issued to local authorities

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ABBREVIATIONS

ADM Amathole District Municipality CHDM Chris Hani District Municipality DEDEA Department of Economic Development and Environmental Affairs DM District Municipality DWEA Department of Water and Environmental Affairs ECA Environment Conservation Act EIA Environmental Impact Assessment GWMP General Waste Management Plan HWMP Hazardous Waste Management Plan IWM Integrated Waste Management IWMP Integrated Waste Management Plan LA Local Authority (Local and District level authorities) LM Local Municipality NEMA National Environmental Management Act NEMWA National Environmental Management: Waste Act (59 of 2008) NWMS National Waste Management Strategy PIWMP Provincial Integrated Waste Management Plan PSC Project Steering Committee SAWIC South African Waste Information Centre WIS Waste Information System

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DEFINITIONS

The outcome of a systematic and consultative decision-making procedure. The option that provides the most Best Practicable benefit and the least damage to the environment (across air, water and land) as a whole, at acceptable cost, Environmental Option: in the long term as well as in the short term. Process, technique, or innovative use of technology, equipment or resources that has a proven record of Best Practice: success in providing significant improvement in cost, schedule, quality, performance, safety, environment, or other measurable factors which impact on an organisation. Cleaner Production: A tool to get waste avoidance, e.g. through product design, engineering and processes. Any person handling or managing hazardous substances or related equipment is ethically responsible for Duty-of-care principle: applying the utmost care. As per the National Environmental Management Act, 2009 means waste that does not pose an immediate hazard or threat to health or to the environment, and includes— (a) domestic waste; General waste: (b) building and demolition waste; (c) business waste: and (d) inert waste. Any waste that contains organic or inorganic elements or compounds that may, owing to the inherent Hazardous waste: physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment. Illegal waste dumps: Waste sites that are not formalised and permitted according to local and/or provincial or national legislation. Incineration: Any method, technique or process to convert waste to flue gases and residues by means of oxidation. Includes commercial activities, commercial agricultural activities, mining activities and the operation of power Industry: stations; Aims to ensure efficient and effective: • administration, implementation and enforcement of constitutional and statutory environmental Integrated obligations to ensure that development is environmentally sustainable Environmental • develop, implement, enforce and improve systems, projects and programmes, which support the Management: exercise of statutory obligations; and • policies, directives and manuals in support of environmental planning are in place. Area of land set aside for the deposition of general waste, whether it be by filling in of excavations or the Landfill: creation of a landfill above ground, where the word ‘fill’ is used in the engineering sense. Minimum Refers to the Minimum Requirements series of documents relating to the handling, classification, treatment Requirements: and disposal of general and hazardous waste, published by DWAF in 1998 and updated from time to time. Provides guidance for legislation and administration. Does not refer to the development of implementation Policy: plans; does not refer to operational issues; does not define roles and responsibilities. Polluter Pays The Polluter Pays Principle is a principle in international environmental law where the polluting party pays for Principle: the damage done to the natural environment. The precautionary principle permits a lower level of proof of harm to be used in policy-making whenever the consequences of waiting for higher levels of proof may be very costly and/or irreversible: Where a risk is unknown; the assumption of the worst case situation and the making of a provision for such Precautionary a situation; and Principle: Principle adopted by the United Nations Conference on the Environment and Development (1992) that, in order to protect the environment, a precautionary approach should be widely applied, meaning that where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Sustainable The use of goods and services that satisfy basic needs and improve quality of life while minimising the use Consumption: of irreplaceable natural resources and the by-products of toxic materials, waste and pollution. The activity that takes place when waste is exchanged between waste management organisations or Waste Exchange: authorities, in order for it to be of mutual benefit to both parties. Waste from one could even be raw materials for the other. The weight or volume of materials and products that enter any given waste stream before recycling, Waste Generation: composting, land filling or combustion takes place. Can also represent the amount of waste generated by a given source or category of sources. • Avoidance: Preventing waste generation altogether (i.e. zero waste generation); • Recycle: The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary for them to be used in the marketplace; • Reduce: Source reduction, often called waste minimisation, means consuming and throwing away less. Waste Hierarchy: It encompasses any action undertaken by an individual or organization to eliminate or reduce the amount or toxicity of materials before they enter the municipal solid waste stream. This action is intended to conserve resources, promote efficiency and reduce pollution. Source reduction includes composting, purchasing durable, long-lasting goods, and seeking products and packaging that are as free of toxic compounds as possible. It can be as complex as redesigning a product to use fewer raw materials in production, have a longer life, or be used again after its original use is completed. Because source reduction actually prevents the generation of waste in the first place, it is the most preferred

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method of waste management and goes a long way toward protecting the environment and supporting sustainable development; • Reuse / recover: The recovery or reapplication of a package or product for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alter the original package or product. Recovery can also refer to the recovery of energy from waste; • Minimisation: Simple strategic reduction of waste at source, through improved manufacturing methodologies, more careful work procedures, and revised and improved product specifications. Waste minimisation is a broader term than prevention. Waste prevention covers ‘prevention’, ‘reduction at source’ and ‘re-use of products’. Waste minimisation, however, also includes the waste management measures ‘quality improvements’ and ‘recycling’. A computerised database containing information about waste management organisations and agencies, as Waste Information directed to be established as part of the implementation of the National Waste Management Strategy of South System: Africa. Waste Management A license issued in terms of section 49 of the National Environmental management, Waste Act 2009. Licence: The total flow of waste falling under a particular waste category from activity areas, businesses units, and Waste Stream: operations that is recovered, recycled, reused, or disposed of in landfills e.g. domestic waste, hydrocarbon waste, etc.

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1 INTRODUCTION

The Eastern Cape Department of Economic Development and Environmental Affairs (DEDEA) have identified the need to compile a Provincial Integrated Waste Management Plan (PIWMP). This is now a legal requirement in terms of Section 11(1) of the newly enacted National Environmental Management: Waste Act (59 of 2008) (NEMWA), which states that “the Department and the provincial departments responsible for waste management must prepare integrated waste management plans”. This report constitutes the Situation Analysis for this first generation PIWMP for the Eastern Cape.

At the time of this report a number of provinces had completed first generation PIWMPs. According to the National Waste Management Strategy website (Web reference 1), the North West Provinces has finalised its PIWMP which included a Hazardous Waste Management Plan. The Northern Cape has also completed a PIWMP. Gauteng Province has finalised its HWMP, as has the Western Cape. The Northern Cape and Mpumalanga are in the process of finalising their HWMPs.

1.1 Objectives of the PIWMP

The National Waste Management Strategy (DEAT, 1999) (NWMS) states that the primary objective of integrated waste management planning is to:

“integrate and optimise waste management so that the efficiency of the waste management system is maximised and the impacts and financial costs associated with waste management are minimised, thereby improving the quality of life of all South Africans.”

Hence Integrated Waste Management Plans (IWMPs) are seen as a tool to facilitate the move towards less fragmented and more coordinated and integrated waste management (IWM), which considers waste management throughout the life cycle of waste i.e. a “cradle to grave” approach. IWM therefore considers all components of the waste hierarchy, including waste avoidance, minimisation, recycling, collection and transportation, treatment and finally, disposal (see Figure 1).

Figure 1: The waste hierarchy as per the National Waste Management Strategy (DEAT, 1999)

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1.2 Scope of the PIWMP

The PIWMP is limited to the Eastern Cape which consists of six district municipalities and one metropolitan council, the Nelson Mandela Bay Municipality, which includes Port Elizabeth and Uitenhage. Table 1lists these authorities and Figure 2 illustrates the spatial extent of the Eastern Cape.

Table 1: Municipalities in the Eastern Cape Province District municipality (Municipal code) Local Municipality Municipal code Mbashe EC 121 Mnquma EC 122 Great Kei EC 123 Amahlati EC 124 Amathole District Municipality (DC 12) Buffalo City EC 125 Nqushwa EC 126 Nkonkobe EC 127 Nxuba EC 128 Camdeboo EC 101 Blue Crane Route EC 102 Ikwezi EC 103 Makana EC 104 Cacadu District Municipality (DC10) Ndlambe EC 105 Sundays River Valley EC 106 Baviaans EC 107 Kouga EC 108 Kou-Kamma EC 109 Inxuba Yethemba EC 131 Tsolwana EC 132 Inkwanca EC 133 Lukhanji EC 134 Chris Hani District Municipality (DC13) Intsika Yethu EC 135 Emalahleni EC 136 Engcobo EC 137 Sakhisizwe EC 138 Elundini EC 141 Senqu EC 142 Ukhahlamba District Municipality (DC 14) Maletswai EC 143 Gariep EC 144 Mbizana EC 151 Ntabankulu EC 152 Quakeni EC 153 OR Tambo District Municipality (DC15) Port St Johns EC 154 Nyandeni EC 155 Mhontlo EC 156 King Sabata Dalinyebo EC 157 Matatiele EC05b1 Alfred Nzo District Municipality (DC44) Umzimvubu EC05b2

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Figure 2: Spatial extent of the Eastern Cape Province

1.3 Approach to this PIWMP

Section 12(1) of the NEMWA defines a number of issues and topics which all IWMPs are to address. These requirements have therefore, to a large degree defined the approach to this PIWMP. For example section 12(1)(d) states that IWMPs must set out priorities and objectives with regards to waste management. The NEMWA further stipulates that PIWMPs must: • Provide criteria for identifying the waste management measures that are required or need to be implemented; • Establish targets for waste management in terms of the hierarchy or waste management measures; • Include planning for new disposal facilities systems and decommissioning of existing systems if required; • Include an implementation plan; • Include and indication of the financial resources required.

This PIWMP has fulfilled these requirements as best possible with the information and data available at the time.

The general approach adopted for this PIWMP is presented in Figure 3. A situation analysis (this report) was undertaken and describes the status quo of both general and hazardous waste management in the Province. Thereafter, a separate general

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waste management plan (GWMP) and hazardous waste management plan (HWMP) were compiled.

Situation Analysis General & Hazardous Waste

General Waste Management Plan Hazardous Waste Management Plan

Needs Analysis Needs Analysis

Objectives & Targets Objectives & Targets

Implementation Plan Implementation Plan

Figure 3: Approach to the IWMPs for general and hazardous waste

Hence two main phases are envisaged fro this PIWMP, namely a Situation Analysis followed by a GWMP and HWMP.

1.4 Approach to this Situation Analysis

1.4.1 Contents

Again, the NEMWA defines what a Situation Analysis for an IWMP should contain and hence this report has been structured to meet these requirements.

Section 12(1)(a) of NEMWA states that a “Situational Analysis” is a required component of any Integrated Waste Management Plan (IWMP). This is considered a standard approach since a thorough understanding of the status quo, and existing challenges is required if any plan is to lead to meaningful improvements in waste management. Section 12(1) goes further to specify details of what such a Situation Analysis should contain. Table 1 lists these requirements and provides a description of how this Situational Analysis has fulfilled these requirements.

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Table 2: Required content of Situation Analysis as specified in NEMWA.

Section Requirement Response Description of the population and development (i) See Section 2.1 (Demographics) profiles of the area Assessment of the quantities and types of (ii) See Section 2.6 waste generated Description of services provided (collection, (iii) minimisation, re-use, recycling, recovery, See Section 2 treatment and disposal) Number of persons who are not receiving (iv) See Section 2.5 waste collection services

This report considers both General and Hazardous Waste and sets the foundation for identifying the waste management needs for the Province.

1.4.2 Methodology

The following activities were undertaken in the process of compiling this Situation Analysis: • Literature review. A number of reference documents were consulted and have been listed under Section ??? (References). All IWMPs for local and district municipalities within the Eastern Cape were reviewed. Table 3 details which of these plans existed at the time of the development of this document. These IWMPs were the primary source of waste information at a local level, however significant differences in the quality of the reports were found. Some plans presented details information derived from primary data, while others relied on desktop information as their only source. Hence the detail of information presented within this report varies accordingly. Waste legislation and policy documents consulted are discussed further under Section 6 (Policy and Legislation). • Waste service providers: A number of private waste service providers were consulted and interviewed in order to obtain waste data and understand challenges facing the industry. • Government interviews: The Director of Air Quality and Waste, DEDEA, was interviewed regarding the institutional operating of the Department. • Waste questionnaire: Due to the variability in the quality of the local IWMP’s, a waste questionnaire was issued to all local authorities (see Appendix 1 for questionnaire). This questionnaire was sent to the officials responsible for waste management in each of the authorities. The response from both DMs and LMs was poor. Two of the six DMs (33%) returned the questionnaire. Of the 38 LAs, 12 (32%) returned the questionnaire. The only metro in the Province, Nelson Mandela bay Municipality, returned the questionnaire. Table 3 provides further details regarding the responses to the survey. In terms of quality of information provided, the response was poor, with few of the respondents providing the level of information requested. • Project Steering Committee: A Project Steering Committee (PSC) consisting of representatives from provincial, district and local government was established and managed by DEDEA. The purpose of the PSC was to provide input into the project and review key deliverables. The following PSC meetings were held:

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• 05 August 2009: First PSC meeting. Approach of the study was presented. • 06 October 2009: Presentation of an interim report outlining status quo data gathered to date. • 12 November 2009: A specials PSC workshop was held in order to discuss and workshop the draft objectives and targets proposed for the GWMP. • 24 November 2009: Presentation of draft Situational Analysis Report and draft GWMP.

Table 3: Municipalities that completed the waste questionnaire (Bold = District Municipalities; Italicised = Metro Authority) Questionnaires Questionnaires Authority Authority completed completed Amathole District Municipality Chris Hani District Municipality Mbashe Inxuba Yethemba Mnquma Tsolwana Great Kei Inkwanca 9 Amahlati 9 Lukhanji Buffalo City Intsika Yethu 9 Nqushwa Emalahleni Nkonkobe Engcobo 9 Nxuba Sakhisizwe Ukhahlamba District Cacadu District Municipality Municipality Camdeboo 9 Elundini Blue Crane Route 9 Senqu Ikwezi Maletswai Makana Gariep Ndlambe 9 OR Tambo District Municipality Sundays River Valley Mbizana Baviaans 9 Ntabankulu Kouga Quakeni Kou-Kamma Port St Johns Alfred Nzo District Municipality Nyandeni 9 Matatiele 9 Mhontlo Umzimvubu 9 King Sabata Dalinyebo Nelson Mandela Bay Municipality 9

1.5 Assumptions and limitations

This Situation Analysis has drawn information from a number of sources, and the following assumptions have been made: • Information presented in the District and Local Municipal IWMP’s are accurate • Information presented in the questionnaires completed by Local and District Municipalities is accurate

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• Information supplied by waste contractors is accurate • To be expanded on

A number of limitations have been identified during the work undertaken to date. The following are highlighted:

• There have been significant challenges associated with sourcing waste data for the Province. The lack of record keeping and appropriate management of data, as well as the lack of capacity at provincial departments and local authority level has proved extremely limiting. • To be expanded on

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2 GENERAL WASTE MANAGEMENT – PROVINCIAL OVERVIEW

This section provides an overview of waste management in the Eastern Cape Province, focusing on general waste management. It introduces the demographics of the Province, and then discusses waste management under the themes adopted in the NWMS such as Integrated Waste Management Planning, Waste Information Management, Waste Minimisation and recycling etc. As this is a provincial plan, this section also discusses the role of DEDEA, the authority responsible for waste management at a provincial level.

2.1 Demographics of the province

2.1.1 Population Profile

According to the 2007 Community Survey (Statistics South Africa, 2007) the Eastern Cape has the third largest population in South Africa. The population in 2007 was said to be in the order of 6,527,747 with an average population density of 38/km2. Population growth between 1996 and 2001 was 2.1%, which was significantly lower than the national average of 9.5%. To place this in context, the Province’s population growth rate between 1985 and 1993 was 2.6%, above the national average of 2.4%. The Nelson Mandela Metro has a mean population density of 515,3 persons per km2 and the lowest district municipality is the Cacadu at 6,7 persons per km2. Table 4 presents population data per district municipality.

Table 4: Population Data for the Eastern Cape

Persons Municipality Cencus 2001 (%) Community Survey 2007 Cacadu 388,206 6.0 363,496 Amathole 1,664,483 25.9 1,664,753 Chris Hani 809,581 12.6 798,597 Ukhahlamba 341,832 5.3 308,365 O.R. Tambo 1,676,592 26 1,862,218 Alfred Nzo 392,179 8.6 479,390 Nelson Mandela Bay Metro 1,005,779 15.6 1,050,930 Total 6,278,652 100 6,527,794

Key features that further summarise the demography of the Eastern Cape are: • The Eastern Cape houses 14,4% of South Africa’s population • There are slightly more females than males (for every 100 women, there are 86 men) • 49% of the population are under 19 years of age • The most common ethnic group is Black. The population groups for the Eastern Cape in 2007 were 87.6% Black African, 7.5% Coloured, 0.3% Indian/Asian and 4.7% White. • IsiXhosa is by far the most common spoken language

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• In 2001, only 38,6 % of the population live in urban areas In the past 5 years, there has been a slight rise in the number of people living in urban areas. • In 2007 approximately 70.4% of households have access to piped drinking waste, an increase from the 63.2% figure in 2001. • The average household size for the Eastern Cape is 4.1 persons per household. This represents a decrease from the 1996 census in which it was recorded it as 4.9. • Approximately 54.3% of the population live in formal dwellings, 37.2% in traditional dwellings and 8.0 % in informal dwellings. Of all the South African provinces, the Eastern Cape has the lowest percentage of population living in formal dwellings, and the highest percentage living in informal dwellings.

2.1.2 Socio-economic environment

The Eastern Cape straddles two worlds: one of severe underdevelopment and one of a modern, growing industry. By many measures, it is still the country’s most impoverished area, having inherited the apartheid government’s deliberate underdevelopment of the ‘homeland’ areas. The province is, however, steadily instituting programmes and strategies to address underdevelopment, lack of jobs and poor services while harnessing the enterprise and skill of rural households in these former homeland areas.

At the same time, the Eastern Cape economy is increasingly modern and export oriented, with great potential for growth of existing industry and establishment of new industry. Its geographic location, quality sea and air ports, abundance of natural resources and world-class infrastructure bodes particularly well for the growth of export-oriented industry. Total exports from the Eastern Cape grew by 20% in real terms in the year from 2000 to 2001. The province is committed to providing high- value goods to the world, rather than cheap raw materials. Over 80% of the Eastern Cape’s exports in 2001 were of manufactured goods.

The province is using innovative ways to draw rural people, who survive mostly on subsistence agriculture, migrant labour and welfare grants, into the mainstream economy. One of the most important of these interventions is the Provincial Growth and Development Plan (PGDP), formulated by the Provincial Government and its social partners in line with the national policy framework for socio-economic planning at provincial level

The provincial Gross Domestic Product (GDP) increased by an estimated 4.7% in 2006 (from 4.8% in 2005), compared to national GDP growth of 5% in 2006 (5.1% in 2005). Prospects for further sustained growth trends from 2007/8 are extremely favourable in both the provincial and national economic systems. In 2003, the provincial economy’s estimated value was R88-billion, making up 8.1% of South Africa’s GDP. Statistics South Africa figures show that the Eastern Cape economy grew by 2.8% during 2003, up from just 1.2% the previous year.

Unemployment remains a challenge, but as the economy has grown, improvements have been evident. The province created 152,000 formal jobs between 2004 and 2006, reducing unemployment from 32% to 22%. (Labour Force Survey, March 2006) (ECDC Economic Web Page).

The GDPR contribution of the Eastern Cape to the country was 8.1% - making it the fourth highest overall. In 2002, Eastern Cape had the largest number of farming

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options in terms of land area, but the quantity of crops harvested did not necessarily match the size of the farming operations. Only maize for grain had a high crop harvest (StatsSA Provincial Profile EC 2004).

2.1.3 Municipal districts

(a) Cacadu District Municipality

In 2007 the Cacadu District constituted 5.57 % (363,496 people) of the Province’s population. The District is mainly rural, with low population densities (an average of approximately six people per square kilometer). The population numbers and densities are particularly low in the dry Karoo interior, with the majority of the population here living in the scattered towns and settlements. Approximately 70% of the District’s population is settled near the coast.

(b) Amathole District Municipality

The Amathole District Municipality (ADM) district contains 25.50% of the Province’s population and covers an area of 23,700 km sq. The total population of the district in 2007 was approximately 1,664,753 people, with an overall population density of approximately 70 persons per km².

The population within the area of jurisdiction of the Chris Hani District Municipality (CHDM) accounts for 12.23% of the population within the Eastern Cape. The population in 2007 was recorded as 798,597 persons. CHDM is a predominantly rural district with over 70% of its households residing in rural areas but living in villages.

(d) Ukhahlamba District Municipality

The population of the Ukhahlamba District Municipality (UDM) in 2007 was 308,365, accounting for approximately 4.72% of the total population within the Eastern Cape. In terms of population the UDM is the smallest of the district municipalities in the province.

(e) OR Tambo District Municipality

The Community Survey of 2007 recorded the population of the O.R. Tambo District Municipality as 1,862,218 persons, meaning that it accounts for 28.53% of the total population within the Eastern Cape. This district has the highest population number in the Province but is reported to be the most under-serviced in terms of refuse removal (DEAT, 2007).

(f) Alfred Nzo District Municipality

The population within the area of jurisdiction of the Alfred Nzo District Municipality accounts for 7.34% of the total population within the Eastern Cape, and was measured as 479,390 persons in the 2007 Community Survey.

(g) Nelson Mandela Bay Municipality

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The Nelson Mandela Bay Municipality (NMBM) is the only Metro in the Eastern Cape Province. It has an estimated population of 1,050,930, who reside in 276,881 households. Approximately 52% of the population is female. Of interest, the NMBM has a relatively youthful population of which 37% is below the age of 20 years.

2.2 Integrated Waste Management Planning

In terms of the Municipal Systems Act, municipalities were required to compile sector plans to support the Integrated Development Planning (IDP) process, and review of these sector plans was to be aligned to that of the IDP. Integrated Waste Management Pans were therefore compiled to fulfil this requirement. The National Environmental Management Waste Act, which came into effect in July 2007, now requires IWMPs in its own right.

Nationally, in excess of two thirds of the district municipalities in the country have compiled IWMPs while just over three-fifths of local municipalities have completed these. The number of local municipalities that have developed IWMPs in each province varies between 14% – 100% (web reference 1). Nationally, the percentage of different categories of municipalities reporting to not have completed IWMPs was 27% (category B4 municipalities), 15% (category B3 municipalities), 11% (category B4 municipalities), and 6% (category B4 municipalities). All metros in the country have completed IWMPs (DEAT, 2007).

In terms of the Eastern Cape, all of the six district municipalities in the Province have completed IWMPs although the quality and accuracy of information differs vastly. Of the 38 local municipalities and one metro in the Eastern Cape, 64% (24 municipalities and the one metro) have completed IWMPs. A number of the IWMPs are due for revision and none of the IWMPs produced in the Eastern Cape have been authorised by the MEC in terms of NEMWA. Table 5 indicates those authorities which have completed IWMPs.

Table 5: The Status of IWMPs in the Province IWMP IWMP Authority Authority completed completed Amathole District Municipality 9 Chris Hani District Municipality 9 Mbashe Inxuba Yethemba 9 Mnquma Tsolwana 9 Great Kei Inkwanca 9 Amahlati Lukhanji 9 Buffalo City 9 Intsika Yethu 9 Nqushwa Emalahleni 9 Nkonkobe Engcobo 9 Nxuba Sakhisizwe 9 Ukhahlamba District Cacadu District Municipality 9 9 Municipality Camdeboo 9 Elundini Blue Crane Route 9 Senqu Ikwezi 9 Maletswai Makana 9 Gariep Ndlambe 9 OR Tambo District Municipality 9

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IWMP IWMP Authority Authority completed completed Sundays River Valley 9 Mbizana 9 Baviaans 9 Ntabankulu 9 Kouga 9 Quakeni 9 Kou-Kamma 9 Port St Johns 9 Alfred Nzo District Municipality 9 Nyandeni 9 Matatiele Mhontlo 9 Umzimvubu King Sabata Dalinyebo 9 Nelson Mandela Bay Municipality 9

2.3 Waste information management

One cannot manage waste effectively if it cannot be measured. In order to identify and monitor key aspects of waste management, certain information and data is required. This includes, for example, the collation and interpretation of adequate and representative information on the volumes of waste being generated in the Province, the classification of the waste, and the level of waste management service afforded. Information is seen as a key component to achieving sustainable waste management.

2.3.1 National SAWIC

The NWMS (DEAT, 1999) listed as one of its short term priorities the development of a Waste Information System to manage waste data, and highlighted that the priority short term data needs related to IWM planning and waste disposal data. The national Department of Environmental Affairs has since designed the web-based South African Waste Information Centre (SAWIC) intended to operate as an accessible database into which waste generators can upload waste data. The data is captured on standardised forms and includes a number of fields such as waste category, type, origin, quantities.

The role of the provincial authority, DEDEA, remains that of facilitating and verifying data which is entered electronically into the SAWIC from the Eastern Cape. The role of DEDEAs Regional Waste Officers is to facilitate the process by inspecting facilities in terms of operations, and then assisting operators with defining and uploading their data onto the system. Standard forms are provided for operators to store and manage the required data. Once data is uploaded, the Provincial Administrator is notified by email, and then required to verify the data and approve the data for submission to the National Administrator.

At present data from only two Eastern Cape municipalities appear in the tonnage reports on the SAWIC, namely the Nelson Mandela Bay Municipality and Buffalo City Municipality. The database shows 2008 waste-to-landfill figures for these as 20,204.1 tonnes and 661,141 tonnes respectively.

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Figure 4: Landfill tonnage report for 2008 as generated by the SAWIC for Eastern Cape municipalities. A number of teething problems have been encountered with the system however a number of national audits have been carried out on the system. Criticism of the system is that is does not allow for the input of sufficient detail, and metadata describing the data is lacking or difficult to find.

2.3.2 DEDEA’s management of waste information

The Department faces challenges in terms of data management. The Department does have a centralised server for the storage of electronic data and reports but has yet to design accepted e-filing protocols which likely limits their ability to store and access information appropriately. At the time of this report, the Department was not in possession of all the IWMPs for the Province. The Department has also reported that there have been challenges with uploading information onto the Department’s website, and they have considered uploading relevant document onto the SAWIC website as an alternative.

The concerns regarding data management is that the impact of these challenges will only intensify as waste data reporting requirements increase and local authorities within the Province look to DEDEA for guidance in this regard.

2.4 Waste generation

A review of IWMPs, questionnaires and the SAWIC concluded that approximately 1.5 million tonnes of general waste is going to formal landfill in the Province annually.

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The figure is likely to be higher than this since a number of IWMPs in the Province have not been updated recently. Table 6 presents a breakdown of these figures.

Table 6: Estimated quantities of general waste disposed in the Eastern Cape. Figures have been derived from a combination of sources including IMWPs, questionnaires and the SAWIC. Waste to landfill District Municipality (tonnes / annum) Amathole District Municipality 425,344 Cacadu District Municipality 175,147 Chris Hani District Municipality 227,300 Ukhahlamba District Municipality 37,046 O.R. Tambo District Municipality 68,500 Alfred Nzo District Municipality 20,000 Nelson Mandela Metropolitan 619,099 Total 1,572,436

It is anticipated that there is a significant shortfall between the quantity of waste generated in the Province and that which ultimately gets to landfill. The South African Environmental Outlook (DEAT, 2006) correlates income and waste generation rate as follows: low income: 0.41 kg/person/day, medium income: 0.74 kg/person/day and high income: 1.29 kg/person/day. Using these figures and the 2001 census data (Stat SA, 2001) which provides an indication of the income bands of the Eastern Province population, it is estimated that a total of approximately 1,4 million tonnes of domestic waste is generated in the Province per annum.

Table 7: Estimated waste generation rates for the Province based on national income/waste figures (DEAT, 2006) and provincial population/income figures (Stats SA, 2001). Income band Percentage Population Waste Waste Income category population (kg/p/day) (ton/annum) Low R1 – R800 55.9 3,649,037 0.41 546,078 Medium R801 – R6400 37.5 2,447,923 0.74 661,184 High R6401 – more 6.6 430,834 1.29 202,858 Total 100 6,527,794 1,410,120

2.5 Waste minimisation and recycling

The majority of municipalities nationally do not have capacity or infrastructure to pursue waste minimisation and recycling, and tend to concentrate on the more traditional functions of collection and disposal. The national waste capacity survey (DEAT, 2007) found that 87% of municipalities do not have capacity and infrastructure to undertake minimisation, although 80% of them are pursuing recycling in some form. The main limitation cited was lack of in-house capacity and knowledge to initiate and maintain waste minimisation programmes.

A similar situation is seen in the Eastern Cape. Municipal recycling initiatives and public facilities for recycling such as drop-off centres or buy-back centres are few and far between in the Province. The majority of LAs undertake no recycling activities at all and recycling is driven by the private sector. A number of initiatives are however planned or in early stages of development. The Nelson Mandela Bay Municipality are

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the exception and a number of waste minimisation and recycling initiatives have been undertaken by the Metro under the banner of the “go Green” campaign. These include an on-line waste exchange, two bags systems etc. The BCM has been planning a buy-back centre pilot project, but which has been stalled.

The key challenge facing waste recycling is the distance of recyclers from the waste producers, with the majority of paper mills, and plastic consumers located in Kwa-zulu Natal or Gauteng. This means high transport costs and lower financial viability of the initiatives. Typically however, few if any LAs undertake full cost assessments when determining the viability of recycling operations and savings in terms of landfill space is seldom considered.

Composting is not widely practices, and of all the LAs responding to the questionnaire, ADM was the only authority to claim an operational composting facility, but no further details were provided. Intsika Yethu LM is planning a composting facility for 2010/2011.

Refer to DEAT, 2009a. National Domestic Waste Collection Standards. Addressing Challenges within Waste Service Provision in South Africa. First draft, June 2009.

2.6 Waste collection and transportation

The draft National Policy on Free Basic Refuse Removal (DEAT, 2009) is currently under public review. (to be expanded on)

Approximately 7.1% of all households nationally, have no refuse removal service (Statistics SA, 2007a). A national survey of local authorities found that metros, B1 and B2 local authorities generally tend to fulfil all collection and transportation functions themselves. B3 municipalities sometime obtain assistance from DMs, and B4 municipalities showed a high case of either having the function fulfilled by a DM or not providing the service at all (DEAT, 2007).

Approximately 60% of Eastern Cape households receive no collection service at all, a service backlog which is significantly higher than the national average. The general accepted basic level of service with regards to solid waste collection is that a refuse removal service be provided once a week. Only 37% of households in the Province receive such a weekly service. The majority of households (44.2%) dispose of waste in their own refuse dumps. Table 8 presents further figures.

Table 8: Waste collection services provided to households in the Eastern Cape as per the Community Survey, 2007 (Statistics South Africa, 2007) Collection Service Census 2001 Community Survey 2007 Removed by LA or private company: at least 37.9 37.0 once per week Removed by LA or private company: less 1.4 3.0 than once per week Communal refuse dump 1.2 1.4 Own refuse dump 42.6 44.2 No rubbish disposal 16.9 13.9 Other - 0.4 Total 100.0 100.0

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The Community Survey (Stats SA, 2007a) indicated that 59% of municipalities in the Eastern Cape displayed household waste collection figures that were below the national average. DEAT 2007 illustrated the clear correlation between the number of unserviced households and the percentage of rural population. The costs associated with servicing such rural areas is likely the main factor contributing to the low service rate in the Province.

In terms of addressing collection service backlogs, it has been suggested that backlogs of metros and secondary cities be addressed first as these account for 54% of the total backlog in the country, and the cost of addressing these areas would be less than those in rural areas where transport costs could be prohibitive (DEAT, 2007)

The municipal collection system in the Province is limited to general waste wile hazardous waste management is undertaken by private contractors

The lack of collection services provided to certain key tourism areas such as coastal settlements along the wild coast, has been raised as a concern. This is an issue which has not been particularly well addressed in IWM planning by the relevant LAs. A limited telephonic survey (see Table 9 for results) of selected coastal towns in this area revealed varying levels of collection serices. While the larger towns tend to receive a municipal service, the smaller settlements like Mazeppa Bay receive none.

Table 9: Waste collection services provided coastal resorts within the Eastern Cape Local Municipality Resorts Waste Management Procedure • Receive a weekly municipal waste collection Port St Johns LM Port St Johns service from port St Johns Municipality King Sabata Dalinyebo • Receive a municipal waste collection service Coffee Bay LM every 2nd or 3rd day • Receive no municipal waste collection service • Wet waste is composted at onsite compost heaps Qaukeni LM Mbotiyi River Lodge • Recyclables are collected for recycling • General waste is taken to Lusikisiki for disposal, where it is burnt and/or buried • Receive no municipal waste collection service • Recyclables are collected for recycling Mnquma LM Mazeppa Bay • General waste is dumped and burnt in an open pit • Receive no municipal waste collection service Mnquma LM Wavecrest Hotel • General waste is dumped and burnt in an open pit • Receive a waste collection service form the Great Kei Municipality once or twice a week. Waste is taken to the Kei Mouth dump site Great Kei LM Morgans Bay Hotel • The Morgan’s Bay Hotel handles garden refuse themselves due to the high cost for municipal collection and disposal

2.6.1 Transfer stations

The model of regional landfill sites and associated transfer stations is not well implemented in the Province although regional sites do exits. Waste is instead disposed of at numerous small or communal landfills close to the source. Transfer

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stations are therefore generally limited to garden refuse/green waste sites within urban areas. The NMBM does however operate a network of 15 transfer stations and the Cacadu District Municipality operates five transfer stations at coastal locations. A network of transfer stations is being planned to the feed the Eastern Regional Waste Site near Butterworth.

2.7 Waste treatment and disposal

2.7.1 Treatment

Treatment of general waste generated in the Province is limited, and is limited generally to composting and thermal treatment i.e. incineration. Burning of waste is common practice throughout the Province, especially in the rural municipalities where distances to landfills and associated transport costs are high. To be expanded on.

2.7.2 Landfills

(a) Distribution of landfills

There are total of approximately 117 operational landfill sites in the Province (see Figure 5). This number refers to formal landfill or dumpsites as used by municipal authorities, and excludes the numerous small, informal dumping areas, of which there are many. There are also a number of formal sites which area no longer used but which require formal closure and rehabilitation. The uncertainty around the number of landfill sites is due to the fact that a number of IWMPs are out of date and certain sites may have since closed.

The Province has large landfill sites in NMBM area and in BCM as follows. • NMBM: Arlington and Koedoeskloof landfills are both operated by NMBM. Arlington accepts general waste while Koedoeskloof operates a (H:h) cell for low hazardous waste. Aloes is a hazardous landfill (H;h) owned and operated by private company, Enviroserv, and is the largest and principal hazardous waste facility in the Province. • ADM: The East London Regional Waste Disposal Site is a regional landfill site located in BCM near Berlin, approximately 40km west of East London, and services the greater East London and Mdantsane area. At least one hazardous (H;h) cell had been planned for the site, but this has not materialised.

Medium sized sites occur in three districts: • Cacadu: Humansdorp landfill • ADM: The King Williams Town site is operated by BCM and serves the town and its immediate surrounds. The Eastern Regional Waste near Butterworth is intended to operate as a regional general landfill servicing Mnquma and Mbhashe Local Municipalities. Construction of the site is complete but it has yet to be commissioned due to administrative challenges.

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• OR Thambo: A medium site at Mthatha presently receives all waste from the Mthatha and its surrounds. Investigations for the construction of a replacement site in the area are presently underway.

Numerous small and communal sized sites occur throughout the Province, with the highest concentrations in the east of the Province.

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Figure 5: Location of the formal landfill sites in the different municipal authorities of the Eastern Cape.

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(b) License status of landfills

Of the formal sites in the Province, only approximately 38.5% of them have been permitted (in terms of Section 20 of ECA) or licensed (in terms of NEMWA). This figure is low, but compares well to the national average. There are over 2000 waste handling facilities in the country, of which 530 are permitted. Nationally, the challenge of un-permitted landfills is greatest in the small municipalities (B4), which nationally display a significantly lower percentage (13%) of licensed sites than larger B3 (79%) or B2 (96%) municipalities (DEAT, 2007). District municipalities in the Eastern Cape have between 10 - 100 % of landfills licensed. The largest district municipality in terms of population, OR Tambo, has the lowest percentage (10%) licensed landfills, while in the only metro in the Province, MMBM, all landfills are licensed. Table 10 presents further data on operational landfill sites in the Province.

Table 10: Number of operational landfill sites in the Eastern Cape. Figures have been derived from a combination of sources including IMWPs, and questionnaires. Figures exclude transfer stations. Permitted Unpermitted L M S C District Municipality Landfills* landfills Amathole District Municipality 14 17 2 2 3 24 Cacadu District Municipality 12 21 0 2 6 25 Chris Hani District Municipality 3 13 0 0 0 16 Ukhahlamba District Municipality 9 11 0 0 2 18 O.R. Tambo District Municipality 1 9 0 1 1 8 Alfred Nzo District Municipality 3 1 0 0 4 0 Nelson Mandela Metropolitan 3 0 3 0 0 0 Total 45 72 5 5 16 91 * Includes landfills for which directions were issued under the ????? act

Figure 6 shows that the eastern regions of the Province have the highest concentration of unlicensed site.

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Figure 6: License status of operational landfills in Eastern Cape

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In order to understand the long term landfill needs of Province, data on the available airspace and the lifespan of landfills is required. Unfortunately this information of not available in all IWMPs and many of the local authorities do not hold such information, or have not updated this regularly. Hence any projections made using existing data would, at best, provide only a rough qualitative description of the future. Nonetheless, existing “landfill lifespan” data has been presented in Figures 7 to 9 against existing population figures for the Province. Of concern is that the most populous region of the Province, the eastern regions, show a marked absence of landfills with lifespans beyond 5+ and 10+ year scenarios. While it must be acknowledged that the lack of data for the eastern regions would have influenced this pattern, it nonetheless highlights the fact that this area should be considered a priority in terms of long term landfill planning.

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Figure 7: Operational, formal landfill sites in the Eastern Cape (status quo), indicating population density (Community Survey, Stats SA, 2007) a hypothetical area of service influence for landfills

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Figure 8: Operational, formal landfill sites in the Eastern Cape (five year projection), indicating population density (Community Survey, Stats SA, 2007) a hypothetical area of service influence for landfills

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Figure 9: Operational, formal landfill sites in the Eastern Cape (ten year projection), indicating population density (Community Survey, Stats SA, 2007) a hypothetical area of service influence for landfills

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2.8 DEDEA institutional details

2.8.1 Institutional structure

The present DEDEA organogram was formed in 2006. A programme is currently underway to realign the organogram with the differing demands in different regions.

The Department consist of a number of branches including Strategic Management, Finance, Human Resources, Economic Development, and Environmental Affairs, each of which is managed by a General Manager. There are five Directorates within the Environmental Affairs Branch, each headed up by a Director. The waste management function exists as one of two sub-directorates within the Air Quality and Waste Directorate. Both sub-directorates are managed by Assistant Directors.

Environmental Affairs BRANCH Chief Director

Biodiversity, Policy, Planning, Environmental Air Quality and Compliance & DIRECTORATE Conservation & Research & Impact Waste Coastal Zone Enforcement Coordination Management Management

SUB - Waste Management Air Quality and DIRECTORATE Climate Change Senior Manager x1 Manager x1 Assistant Manager x1 Secretary x1 Admin Officer x1

Figure 10: DEDEA organogram illustrating the positioning of the waste management function. Compiled with data provided by DEDEA.

The Department has five regional offices namely, Amathole, Cacadu, Chris Hani, OR Thambo and Alfred Nzo.

2.8.2 Human resources

In terms of human resources, the Waste Sub-directorate is made up of five individuals as listed in the organogram presented above. The waste management team is located in Bhisho. Waste capacity in the regional offices is limited and at the time of this report there were waste management vacancies at regional office level. The Capacity Audit and Needs Analysis Survey for Environmental Impact Administrators (DEAT, 25 Nov 2008) however stated that the Department generally has a low vacancy rate within its organisational structure. This review states that key staff challenges include high staff turnover, heavy workload, poor development prospects, and delays in recruitment of staff. It is likely that similar challenges would be expected in the Waste Management sub-directorate.

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Province presently has no Waste Management Officer (WMO) formally designated in terms of the NEMWA. National DEA is currently compiling guidelines to inform process of MECs designating WMO where after Province will designate such an individual.

2.8.3 Roles and responsibilities with regard to waste management

The role of DEDEA with regards to waste management in the Province is largely one of coordination, support to LAs and licensing and compliance enforcement in terms of NEMWA. The NWMS defines certain responsibilities for Province, as does NEMWA. Furthermore, the Department has committed themselves to certain responsibilities in their annual performance plan for the Department (DEDEA, 2009). The table below presents these responsibilities and compares them to those of the national department.

Table 11: Waste responsibilities of provincial and national offices

ROLE PROVINCE (DEDEA) NATIONAL (DEA) Planning and • Administration of national waste management • Development of national policy and Legislation legislation e.g. NEMWA and policy e.g. strategy such as the National Waste NWMS as far as it relates to the Province Management Strategy • Development of provincial policy and plans • Responsible for developing a such as this Integrated Waste Management regulatory framework that provides for Plan regulation of IWM • Coordinate all matters pertaining to waste in • Securing funding for national the province schemes • Setting provincial norms and standards as • Setting national standards of IWM may be required and developing appropriate and develop appropriate guidelines guidelines as may be required Licensing • Licensing of general waste activities in terms • Licensing hazardous waste activities of NEMWA in terms of NEMWA Compliance and • Ensure compliance with environmental • Ensure compliance with Enforcement legislation and conditions of waste licenses environmental legislation Information • Manage data at a provincial level and verify • Develop, co-ordinate and manage the management waste data submitted to the national WIS National Waste Information System (WIS) and information centre Coordination and • Assist LAs with a range of functions such as • Co-ordinate Waste Management Support to Local facilitating projects, recycling initiatives, activities of National importance e.g. Authorities cleanup campaigns. Through the Extended International Treaties, Agreements, Public Works Programme DEDEA can fund etc. specific waste interventions to assist LAs. To date EPWP projects have included, for example, Mnquma, KSD, and Elundini Clean- up projects, and a Duncan Village Recycling initiative.

The above are considered in further detail below:

(a) Coordination

There current exist a number of provincial forums where waste related issues are tabled. These include: • Eastern Cape Implementation Committee (ECIC) – DEDEA, SANBI, ECP and Local Authorities

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• Provincial Working Group II ( DEDEA Head Office and Regional Offices) • Mintech Working Group II ( EIM, Air Quality & Waste Management)

DEDEA is currently considering the development of a provincial forum for local authority WMOs which have yet to be designated in terms of NEMWA. National guidelines are being developed which will advise regarding the formation of such waste management forums at provincial and district level. DEDEA has yet to publish any waste specific guidelines for the Province.

(b) Licensing

As of the promulgation of the NEMWA on 01 July 2009, DEDEA has become the authority for the management of the waste licensing for general waste applications in terms of the act. Prior to this, this function resided with the National office, the Department of Environmental Affairs and Tourism. Hazardous Waste applications continue to be handled by the National office. DEDEA has described the internal steps involved in the licensing process as follows • Verify whether the application is relevant and meets the requirements and acknowledge receipt • Engage with other government authorities for review and comment on the submitted application • Arrange for site visit and review the submitted documents • Make recommendations and submit for granting / declining license

A survey is currently underway to determine the condition of landfill sites in the province (DEDEA to confirm if this is J&G survey, and scope of survey?). This survey will inform a strategy to improve the legal status of landfills.

The Compliance and Enforcement unit in DEDEA was formed in late 2007. To date it is only represented at head office level, with the following positions existing: • Senior Manager x1 • Manager X1 • Assistant Managers • 1X Biodiversity • 1X EIM, Air Quality & Waste Management

There are no compliance posts dedicated purely to waste compliance. The Department is in the process of developing an audit programme to assess landfill site compliance.

The present enforcement process is as follows: • Normal routine inspection conducted; • Non-compliance detected and brought to the operator’s attention for corrective action • Follow-up visit

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• Where no action is undertaken, the matter is then referred to the Compliance and Enforcement Unit for investigation. A compliance notice is issued. • If no corrective action is undertaken, a directive is issued specifying timeframes by when remedial action is required. • If no corrective action is undertaken, legal action is then pursued.

(d) Support to Local Authorities

DEDEA currently provides support to LAs through the following avenues: • Through the Extended Public Works Programme, DEDEA funds specific intervention projects to assist LAs. These include environmental or waste orientated projects. Projects have included clean-up projects in Mnquma (Butterworth), KSDct (Mthatha), and Elundini. DEDEA have also assisted in a Duncan Village Recycling Project. • DEDAE is in the process of establishing a provincial Waste Management Forum and assisting in the support District Forums. • Engagement and participation during the process of developing municipal IWMPs and IDP reviews • DEDEA runs the Provincial Cleanest Town Competition (Greenest Municipality Competition) annually.

2.8.4 Finance and budgeting

DEDEAs does not define a designated budget for waste management but rather is drawn from a general budget for the Environmental Quality Management sub- programme which includes Impact Management, Air Quality, Climate Change Management, and Pollution and Waste Management. Allocated budgets for the last five years are as follows:

Table 12: DEDEA operating budget for impact management, air quality, climate change and waste

Financial Year Budget 2005/2006 R 477,000 2006/2007 R 846,00 2007/2008 R 3,425,000 2008/2009 R 2,877,000 2009/2010 R53,381,000

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3 GENERAL WASTE MANAGEMENT – DISTRICT OVERVIEW

Waste management is the responsibility of local authorities, both at local and district level. IN the Eastern Cape, most local authorities are not equipped to effectively undertake the function. The majority of municipalities are understaffed, lack technical expertise and have inadequate financial resources for the waste management in their respective areas.

The following sections describe waste management on a district by district level. The information contained in each section is taken from three sources: the district municipality IWMP, the local IWMP and the questionnaire survey which was undertaken.

3.1 Amathole District Municipality

3.1.1 Waste generation rates

While landfill volumes have been reported (see Section ???) no specific figures for the volumes of waste generated in the ADM have been reported in the IWMPs.

3.1.2 Waste minimisation and recycling

There are a limited number of waste reduction strategies being coordinated at a municipal level within the ADM at present. These include the BCM Buy-Back Centre pilot project, community based recycling and composting projects.

Established markets do exist for recyclable wastes, however the ultimate consumer of the main recyclable stream (paper, cardboard, glass) are outside of the province. With the exception of BCM and to some extent Butterworth, there is very little commercial recycling taking place within the district. Waste reclamation is taking place within the waste disposal sites of Peddie, Hamburg and Fort Beaufort, however this is undertaken by private recyclers and is not sustainable. Throughout the district, waste going to landfill holds an extremely high percentage of recyclable material.

Buyisa e Bag’s investigations in the area pointed to Butterworth as priority focus for recycling. ADM have within the recycling study completed a feasibility study into composting programmes in the ADM. The study confirmed viability and provided the basis for the development of appropriate composting strategies and programmes at the municipal, commercial and domestic levels. Amahlathi was identified as having viable amounts of organic waste due to a number of forest plantations. ADM was in the process of constructing a pilot composting facility adjoining the Stutterheim solid waste site, but this was not completed due to a legal dispute between Amahlathi and the abattoir next to the site earmarked for composting. The site is fenced and stormwater designs are already in place.

Garden waste transfer stations exist in BCM and Great Kei Municipality. BCM is currently implementing a pilot composting project at the Stoney Drift garden waste transfer station. Garden waste and compostable household domestic waste make up a substantial component of the total waste generated. Treatment of the waste by composting therefore has the potential of significantly reducing waste disposal by landfill.

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There have been a number of failed recycling projects within the ADM LMs, most of which were initiated and driven by private companies. One of the main reasons for this is that municipalities have not formed links with the main parties involved in the waste recycling industry.

Buy-back centres and waste transfer stations have been identified as possible projects in the BCM area. A recycling Buy-Back Centre project was initiated in BCM, and a number of candidate site were identified, and construction commenced at the Oriental Plaza Site. Unfortunately the project had been suspended due to administrative challenges, but seems likely that it will be resurrected in the near future.

3.1.3 Waste Collection and transportation

Cleansing services within the district generally comprise, inter alia, the removal of domestic waste, the removal of trade waste, street cleaning, the provision and servicing of street bins and the removal of garden waste.

The level of service differs significantly from municipality to municipality and between different communities within the same municipality. The service is generally inadequate (see Table 13 below) and as a result streets and open areas in many areas are littered. Common problems contributing to the situation are lack of implementation of policies and by-laws to support the service, lack of management and lack of resources. The poor standard of refuse collection in Buffalo City specifically has drawn a significant amount of public criticism and interest from the press of late.

Table 13: Percentage distribution of households according to different was services provided in Amathole District Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 40.5 39.0 Removed by LA/private company less than once/week 1.1 1.2 Communal refuse dump 0.9 1.0 Own refuse dump 42.6 48.4 No rubbish disposal 14.9 10.3 Other - 0.2 Total 100.0 100.0

(a) Rural areas

Collection services to rural areas is poor. The refuse removal backlog in the district represents 26.17% of the provincial backlog. The rural areas of Mbhashe and Mnquma account for 20.72% and 22.31% of the collection service backlog for the district. Mbashe and has one of the highest percentages of rural households in the district.

3.1.4 Waste treatment and disposal

(a) Treatment

With the exception of the small amounts of recycled and composted waste, almost all the general waste generated in the ADM is disposed of by landfill, burnt at waste disposal sites or disposed of illegally in open spaces. Small low technology

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incinerators are operating in certain areas such as Hamburg. An incinerator at Middledrift has never been used.

ADM has undertaken an investigation on appropriate treatment technology on municipal solid waste for municipal waste in Ngqushwa Municipality. The investigation included the evaluation of feasibility, economical, viable and suitable options of treating municipal waste stream. It was to evaluate opportunities for alternative treatment. The recommendations apparently focus on only waste composting and recycling (report not available).

A number of industries in ADM treat their industrial wastes before disposal. The treatments are industry specific and are usually associated with liquid effluents and/or hazardous wastes resulting from the production processes.

(b) Disposal

From a review of the existing IWMPs for the relevant local authorities, it was calculated that a total of approximately 425,344 tonnes per annum of waste goes to landfill in the Amathole District Municipality (ADM).

In 2008 only 14 of the 31 operational sites (including the Eastern Regional Waste Disposal Site - ERWDS) in the ADM have been issued with permits. Most of the sites are not properly operated or managed and as a consequence, in addition to the unsightliness of the disposal sites, many sites pose a real threat to public and environmental health.

Table 14: Permitted Waste Management Facilities in the ADM (Sourced from IWMPs) No Waste Site Size Status Comments 1 Buffalo City Municipality Buffalo City Regional Waste Disposal L Permit Issued GLB+ Site 2 King Williams Town M Permit Issued GMB+ 3 Christmas Rock C Direction Issued Private Land 4 Seavale C Direction Issued Private Land 5 Riegerton Waste Site, Gonubie S Direction Issued Garden Refuse Waste Site (private) 6 Mnquma Municipality Eastern Regional Waste Disposal Site L Permit Issued GMB- 7 Nkonkobe Municipality Alice C Permit Issued GCB- 8 Middledrift C Permit Issued GCB- 9 Seymour C Permit Issued GCB- 10 Amahlathi Municipality Stutterheim S Permit Issued GSB+ 11 Keiskammahoek C Permit Issued GCB- 12 Ngqushwa Municipality Hamburg C Direction Issued Transfer Station 13 Peddie C Direction Issued GCB- 14 Nxuba Municipality Bedford C Permit Issued GCB-

Table 15: Un-permitted Waste Management Facilities in the ADM (Sourced from IWMPs) No. Waste Site Size Strategy 1 Amahlathi Cathcart C Transfer station will be established

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No. Waste Site Size Strategy 2 Great Kei Cintsa-East C Needs to be upgraded and licensed to include a composting facility (Garden refuse) 3 Kei-Mouth (Garden C Needs to be upgraded and licensed to a composting facility Refuse) 4 Kei-Mouth Refuse C To closed and rehabilitated and converted to a transfer Waste will be Site transferred to Komga waste site directly subject to budgetary needs 5 Morgans-Bay C To be closed and rehabilitated. Waste will be transferred to Komga waste site directly subject to budgetary needs 6 Haga-Haga C To be closed and rehabilitated. Waste will be transferred to Komga waste site directly subject to budgetary needs 7 Mbashe Idutywa C To be converted into a transfer station and waste to be taken to the ERWDS 8 Willowvale C To be closed and a transfer station be established 9 Elliotdale C Need to be upgraded and licensed 10 Mnquma Butterworth S To be closed and rehabilitated to a sport field 11 Ngqamakwe C Transfer station to be established 12 Centane C Transfer station to be established 13 Nkonkobe Fort Beaufort C To be closed and rehabilitated once the transfer station is operational 14 Seymour C Transfer station with recycling center to be established. (is Seymour permitted) 15 Hogsback C Transfer station to be established 16 Nxuba Adelaide C Transfer station with the recycling component to be established 17 BCM Second Creek M Closure in progress

3.1.5 Budget and economic considerations

Data pertaining to the budget and waste management expenditure at the district and local municipalities is largely unavailable. Much of the data, where available, has been obtained form the existing IWMP’s and/or waste survey that was undertaken.

There are numerous issues hampering municipalities form achieving sustainable waste management, however the single largest issue identified by almost all municipalities is the lack of budget and insufficient funding. Most IWMPs have suggested that infrastructure replacement plans as well as savings plans should be undertaken to assist the LAs to budget and plan financially for the waste management needs.

According to DEAT 2007, approximately 50% of municipalities in the country finance waste service operating costs entirely from user charges while capital costs are funded separately, usually from surpluses on operating accounts, property rates and capital grants (primarily from the Municipal Infrastructure Grant). As a result, capital and operational costs are not budgeted for on a regular basis and capital expenditure is not incorporated into the budget.

The majority of municipalities operate through a standard financial model, whereby revenue received from ratepayers is directed into a central municipal fund, which is managed by the Finance Department. Waste Departments access operating funding through annual budget requests.

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It has been noted that for the majority of LAs, total expenditure exceeds total income. For example, in the Kou-Kamma Municipality, for the financial year of 2007/2008 the actual income was R 5,511,841 while the actual expenditure was R 5,681,092, resulting in over expenditure of R 169 251.00.

Key obstacles with regards to Municipal budgets include: • Waste is not recognised as a priority service and typically gets allocated the “left over” budget after more essential services such as electricity, water and roads etc. • Tariff systems are centralised for all services and there is often little relationship between revenue collected for waste versus expenditure. • Waste management is not recognised as a priority service by Municipal Councils who are responsible for budget allocations. • Top-up funding for unplanned events are unaccounted for, as budgets are only review annually. • Budget increases do not coincide with waste volumes dealt with, Municipal growth and/or changes in waste stream with time. • Budgets are focused on collection and disposal with very little budget for minimisation and recycling. • Training budges are usually controlled by the Human Resource Department, with the result that there is little focus on municipal systems and little training on technical issues • Transport cost increase as landfills are situated further and further form source due to the reduction in available land close to source.

Most often the municipalities are not using waste quantity projections for future scenario planning. Information regarding types and quantities of waste generated, as well as the required infrastructure, will need to be generated so to sufficiently determine the costs for waste services. The cost of a waste management strategy should also form part of this costing.

There seems to be no conformity when it comes to budget arrangements between local municipalities. Some municipalities receive, for example, a waste budget, while others do not. The majority of local municipalities have not budgeted for the permitting process of landfills or for the closure and rehabilitation of existing un- permitted landfills.

Lack of payment of municipal rates is a significant problem for most municipalities. Penalties in the past included the withholding of services. This method however is administratively intensive and time consuming. A more recently suggested option involves the installation of pre-paid systems. These pre-paid systems can be coupon based where the coupons are bought in advance for a specific month.

3.1.6 Institutional capacity for waste management

More than 60% of the responding LAs identified that they are under-staffed with respect to waste management for the whole municipal area, receive little or no waste training and do not have the expertise (at least one designated Waste Management Officer or Waste Engineer) to sufficiently address waste issues in the various municipalities. Almost always a lack of funding was identified as the leading issue with regards to institutional capacity.

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3.1.7 Coastal Resorts

The management of waste at coastal resorts, especially in the wild coast areas, has been identified as a challenge. While there does exist policy for development of coastal areas, for example, the White Paper for Sustainable Coastal Development and the subsequent National Environmental Management: Coastal Zone Act, waste practices in these areas are generally not sustainable. Furthermore there is an information gap regarding waste data for these areas as few of them have been appropriately described in their relevant IWMPs.

At present the general practise for waste disposal in these coastal resorts within ADM is through burning and/or burying solid waste. The volumes of waste generated in these areas can be large during the holiday season, with a large proportion of generated waste being recyclable. Most of the LMs identified the extension of the waste collection service to these areas as a priority, but stated that financial and other resources are the limiting factors in implementing this.

Coastal resorts within the ADM comprise a portion of the BCM, Ngqushwa Municipality and the Great Kei Municipality. Coastal settlements include: • BCM: Gonubie, Kayser’s Beach and Kidd’s Beach. According to the ADM IWMP, BCM operate their own waste disposal sites at Christmas Rock and Seavalle. These sites were apparently authorised by means of a directive issued by DWAF applicable to sites receiving les than 25 tonnes per day (to be expanded on). • Nqgushwa Municipality: Coastal town of Hamburg. The Ngqushwa Municipality has a waste collection service for Fisher River Sun and Mpekweni, whereas Hamburg has its own permitted municipal waste transfer station. • Great Kei Municipality contains the small coastal towns of Kei Mouth, Haga Haga, Morgans Bay and Cintsa, as well as smaller villages or resorts. • Mnquma Municipality contains the small coastal towns of Mazeppa Bay, Wave Crest and Trenerry’s, amoung others. Mnquma Municipality does not provide any waste collection services for its coastal resorts

A first generation Coastal Management Programme (CMP) for the ADM was developed in 2005 identified 5 themes that capture the essential elements of coastal management. The themes included “Pollution control“ and “Solid Waste Collection and Removal”. The following strategies were recommended: • Lobby and support BCM to address the continuous release of untreated sewage into the surf zone at the City Pump Station on the East Bank, and at Hood Point. • To implement efficient disposal mechanisms and collection for solid waste at coastal resorts and beaches • In consultation with the relevant Category B municipalities, implement beach and resort cleanups at coastal areas quarterly or biannually depending on location. • Waste awareness and minimisation initiatives have to be implemented in the villages, farms and coastal areas of ADM. Residents of these areas have to be encouraged to start waste recycling and composting co-operatives so as to make a living from waste trading.

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3.2 Cacadu District Municipality

3.2.1 Waste generation rates

No waste generation rates are reported in the IWMPs for the CDM.

3.2.2 Waste minimisation and Recycling

No local authorities in the district are driving significant formal waste recycling initiatives and recycling is left up to the private sector. The LM’s do not offer incentives for private recyclers and the only other form of recycling taking place in the district is recovery of waste from landfill sites, which poses a health hazard.

The Blue Crane Route LM has run campaigns encouraging schools to collect tins, and has reported that they have a partnership with a local cardboard recycler. They also allow private operators to collect recyclable materials from landfill sites. They have also, from time to time, forwarded cardboard to private recycler in the area. Camdeboo LM has no formal recycling measures in place but does allow glass recyclers to place bottle banks in public areas. Similarly Ndlambe LM has allowed private recyclers to place receptacles in public areas.

3.2.3 Waste Collection and transportation

Waste collection services in the CDM is the responsibility of LM’s. Services are only provided to residential areas and businesses and not to the farms. In some LM’s private contractors do provide a service but the municipality is the main service provider in terms of waste collection.

Table 16: Percentage distribution of households according to different was services provided in Cacadu District Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 68.6 84.0 Removed by LA/private company less than once/week 1.3 1.0 Communal refuse dump 2.4 1.5 Own refuse dump 23.8 9.8 No rubbish disposal 4.0 3.0 Other - 0.5 Total 100.0 100.0

(a) Illegal Dumping

Illegal dumping of waste is a common challenge throughout the area and the LMS have to collect illegally dump waste at an additional cost. The municipalities are also experiencing the dumping of waste by the public along the access roads to the landfill sites, as well as areas on the landfill sites which are not designated for the disposal of waste.

(b) Rural areas

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Seven out of every ten households within the area of jurisdiction of the CDM have been provided with an RDP standard refuse removal service; the refuse removal service backlog within the Cacadu District Municipality comprises just more than 3% of the total refuse removal service backlog in the Eastern Cape, the lowest among the district municipalities located within the province.

The households within the Makana Municipality have the highest level of access to an RDP standard refuse removal service among the local municipalities in the CDM. Just less than 87% of the households within the Makana Municipality are provided with an RDP standard sanitation service. Less than 37% of the households within the area of jurisdiction of the Sunday’s River Valley Municipality are provided with an RDP standard refuse removal service, the lowest in percentage terms among the local municipalities in the CDM. The refuse removal service backlog in the Sunday’s River Valley Municipality accounts for 21% of the total refuse removal service backlog in the CDM.

In terms of the 2006 assessment by the Municipal Demarcation board (2006), all local municipalities within the Cacadu District Municipality demonstrated in 2006 the capacity to perform the refuse removal, refuse dumps and solid waste disposal function

3.2.4 Waste treatment and disposal

(a) Treatment

From the information on hand at the time of this report, it appears that no significant municipal waste treatment initiatives are undertaken by local or district authorities.

(b) Disposal

From a review of the existing IWMPs for the relevant local authorities, it was calculated that a total of approximately 175,147 tonnes per annum of waste is generated in the Cacadu District Municipality (CDM). Details are presented in Table 17.

Table 17: Waste generation rates in the Cacadu District Municipality District municipality Local Municipality Waste generated (ton/annum) Camdeboo 7,884 Blue Crane Route 10,988 Ikwezi 1,209 Makana 32,986 Cacadu District Ndlambe 20,413 Municipality Sundays River Valley 8,268 Baviaans 2,030 Kouga 87,194 Kou-Kamma 4,175 Total 175,147

A total of 13 of the 34 formal landfill sites in the Cacadu District have been permitted.

Table 18: Permitted Waste Management Facilities in the CDM (Sourced from IWMPs) No. Waste Site Size Status Comments

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No. Waste Site Size Status Comments 1 Blue Crane Route Municipality Somerset East S Permit Issued GSB- 2 Cookhouse C Permit Issued GCB- 3 Kouga Hankey C Permit Issued GCB- 4 Kou-Kamma Municipality Louterwater C Directions Issued GCB+ 5 Joubertina C Directions Issued GCB- 6 Makana Grahamstown M Permit Issued GMB+ 7 Alicedale C Directions Issued GCB- 8 Riebeeck East C Directions Issued GCB- 9 Ndlambe Port Alfred S Permit Issued GSB- 10 Sunday’s River Valley Addo (Langbos Landfill site) S Permit Issued GSB- 11 Paterson S Permit Issued GSB- 12 Sunlands C Permit Issued GCB-

Table 19: Un-permitted Waste Management Facilities in the CDM (Sourced from IWMPs) No. Waste Site Size Strategy 1 Baviaans Municipality Willowmore C Needs to be upgraded and licensed. 2 Steytlerville C Needs to be upgraded and licensed. 3 Rietbron C Needs to be upgraded and licensed. 4 Blue Crane Route Municipality Pearston C Needs to be upgraded and licensed. 5 Camdeboo Graaff Reinett S Needs to be upgraded and licensed. 6 Nieu Bethesda C 7 Aberdeen C 8 Ikwezi Municipality Klipplaat C 9 Jansenville C 10 Kouga Oysterbay Closure in progress and transfer station to be established 11 Humansdorp (GMB+) M Permit application submitted but no permit issued as yet. 12 Patensie C Needs to be upgraded and licensed. 13 Kou-Kamma Municipality Krakeelrivier C 14 Kareedouw C 15 Cold Stream C Permit application submitted but no permit issued as yet. 16 Clarkson C Needs to be upgraded and permitted. 17 Ndlambe Need to be closed and rehabilitated and transfer Alexandria C station needs to be established. 18 Bushmans river Mouth C Needs to be upgraded and permitted 19 Kenton-on-Sea C Needs to be closed and rehabilitated 20 Bathurst C Needs to be closed and rehabilitated 21 Sundays River Valley Kirkwood S Plans need to be made for closure and rehabilitation.

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3.2.5 Budget and Economic considerations

Information about the budgeting of the waste function for the LMs is largely unavailable. In general waste quantity projections are not being used for future scenario planning. Factors such as landfill development, landfill closure and rehabilitation, increased transport distances, increased waste quantities, changes in waste types and capital expenditure are not been included within the budget considerations. Funds generated through revenue received from ratepayers is generally directed into a central municipal fund, which is handled by the Finance department. Waste departments then request funding through annual budget requests.

Key obstacles with regards to municipal budgets are similar to those listed fro the Amathole District Municipality.

3.2.6 Institutional capacity for waste management

More than half of the questionnaires returned back by municipalities identified that they are understaffed to sufficiently undertake waste management for the whole municipal area. Very little training is undertaken with the staff existing complement and frequently the municipalities do not have the technical expertise to deal with waste management. The municipalities identified lack of finances as the cause for the lack of institutional capacity.

3.2.7 Coastal Regions

Of the total population residing within the Cacadu District Municipality (CDM), roughly 70% are settled towards the coast. Coastal towns in the district tend to be larger than those in the eastern regions of the {province and hence generally display better waste management practices.

Eastern Cape coastal resorts within the Cacadu District Municipality comprise a portion of the Ndlambe Municipality, Sundays River Valley Municipality, Kou-Kamma Municipality and the Kouga Municipality. Coastal settlements include:

• Ndlambe Municipality: comprised of a number of small coastal villages or resorts, the main ones being Port Alfred, Bushmans River, Kenton-on-Sea, Marselle and Cannon Rocks. Information of the waste servies provided to these areas was not available. The LM has landfills in Alexandria, Bushmans River Mouth, Bathurst, Port Alfred and a garden refuse landfill in Kenton-on- sea. • Sundays River Valley Municipality: This LM have only very minor coastal resorts as a large proportion of the coastline is taken up by the Alexandria Due Fields. Waste service delivery within the Sundays River Valley Municipality is co-ordinated from Kirkwood. All households and businesses within the major towns are provided a regular waste removal service. • Kou-Kamma Municipality: contains the small coastal towns of Storms River and Tsitsikamma, as well as smaller villages or resorts. Waste service delivery for the Kou-Kamma Municipality is co-ordinated from Kareedouw. Waste collection services are provided to all households and businesses within the major towns. • Kouga Municipality: contains the coastal towns of Jeffreys Bay, St Francis Bay, Cape St Francis and Oyster Bay. Waste collection services are provided

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to all major towns within the municipality. Waste generated in Humansdorp, Jeffreys Bay, St. Francis Bay and Oyster Bay is disposed of at transfer stations and then collected and transported to the Humansdorp landfill site.

3.3 Chris Hani District Municipality

3.3.1 Waste generation rates

No waste generation rates are reported in the IWMPs for the CHDM.

3.3.2 Waste minimisation and Recycling

Municipal recycling initiatives in the Chris Hani District are few however Intsika Yetu and Ikwanka LMs reported to encourage recycling by running public awareness campaigns, and putting prospective recyclers in contact with funders such as Buyisa e Bag.

3.3.3 Waste Collection and transportation

Waste collection services only occur in the urban areas of the municipalities with the vast majority of rural areas not being serviced at all. Efficiency of collection services are hampered by the lack of back-up equipment where vehicles breakdown. Lack of equipment is cited as a significant cause of service backlogs which have resulted illegal dumping.

Table 20: Percentage distribution of households according to different waste services provided in Chris Hani District Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 26.2 27.9 Removed by LA/private company less than once/week 0.9 0.7 Communal refuse dump 1.3 1.1 Own refuse dump 45.5 47.6 No rubbish disposal 26.2 22.2 Other - 0.6 Total 100.0 100.0

(a) Rural areas

Provision of an RDP standard refuse removal service has been made available to 28% of the households located within the area of jurisdiction of the CHDM. The refuse removal service backlog within the CHDM comprises approximately 15% of the refuse removal service backlog within the Eastern Cape.

More than 77% of the households within the area of jurisdiction of the Inxuba Yethemba Municipality have been provided with an RDP standard refuse removal service; this is the highest of all LMs in the CHDM. The lowest percentage service provision is in the Intsika Yethu Municipality where approximately on 2,5% of the households are provided with a weekly removal service. Given that the area of jurisdiction of the Intsika Yethu Municipality is predominantly rural in nature, the low level of access to an RDP standard refuse removal service is understandable.

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3.3.4 Waste treatment and disposal

(a) Treatment

The only form of waste treatment taking place within the district is incineration of medical waste collected from veterinaries and doctor’s surgeries at the hospitals in Queenstown and Whittlesea. No other waste treatment activities are taking place in the district except the illegal burning of waste at landfill site to reduce volumes of waste.

(b) Disposal

At total of approximately 227,300 tonnes of waste is disposed of at landfill in the Chris Hani District annually.

Table 21: Waste disposal rates in the Chris Hani District Municipality District municipality Local Municipality Waste generated (tonnes/annum) Inxuba Yethemba 17,809 Tsolwana 9,037 Inkwanca 5,921 Chris Hani 53,577 District Municipality Lukhanji Intsika Yethu 54,224 Emalahleni 32,330 Engcobo 39,191 Sakhisizwe 15,211 Total 227,300

All landfill sites in the district are communal sites, and three of the 16 landfill sites in CHDM are permitted.

Table 22: Permitted formal landfill sites in CHDM No. Waste Site Size Status Comments 1 Engcobo Municipality Engcobo C Permit Issued GCB+; Permit conditions are not adhered to. 2 Inkwanca Municipality Sterkstroom C Permit Issued GCB+ 3 Molteno C Permit Issued GCB+;

Table 23: Un-permitted formal landfill sites in CHDM No. Waste Site Size Strategy 1 Intsika Yethu Municipality Tsomo C 2 Cofimvaba C 3 Emalhleni Municipality Dordrecht C 4 Indwe C 5 Lady Frere C 6 Inxuba Yethemba Municipality Middelburg C Need to be closed and rehabilitated. 7 Cradock C

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No. Waste Site Size Strategy 8 Tsolwana Municipality Tarkastad C Needs to be upgraded and licensed 9 Hofmeyer C Needs to be upgraded and licensed 10 Lukhanji Municipality Closure in progress and site has been Queenstown C rehabilitated. 11 Whittlesea C Closed and rehabilitated 12 Sakhizwe Municipality Cala C In the process of being permitted 13 Elliot C Needs to be closed and rehabilitated. New site should be looked at, as this site is not ideally located.

Illegal dumping is a significant problem and reported to be the result of a labour shortage and lack of sustainable collection services with no back up when breakdowns do occur. Large quantities of organic waste, largely from retailers, are being disposed off illegally within the town areas.

3.3.5 Budget and Economic considerations

Similar to the two ADM and CDM, a lack of finance was cited as the key issues preventing waste management service delivery in this district. Similar budgetary and economic challenges experienced by in this district.

3.3.6 Institutional capacity for waste management

Similarly a shortage of human resources, the lack of appropriate skills and a lack of technical training significantly limits the ability of the LMs in this district to deliver waste services. The challenges are not unlike those already mentioned for ADM and CDM.

3.4 Ukhahlamba District Municipality

3.4.1 Waste generation rates

No waste generation rates are reported in the IWMPs for the district.

3.4.2 Waste minimisation and Recycling

In the Ukhahlamba District Municipality (UDM) area recycling projects have been attempted but due to the low volumes of recyclable material and the long distances that recyclables will need to be transported, they have met with little sustained success.

The available quantities of recyclable material from the generated waste mean that recycling a likely a viable option in only the towns of Maclear, Sterkspruit and Aliwal North. Buy-back centres for recyclable materials are being established in Maclear and Sterkspruit with financial assistance from DEAT.

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3.4.3 Waste Collection and transportation

It is largely waste collection contractors that are utilised for collecting and disposal of waste in the district. To be expanded on

Table 24: Percentage distribution of households according to different waste services provided in Ukhahlamba District Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 22.7 23.9 Removed by LA/private company less than once/week 0.6 2.2 Communal refuse dump 1.5 0.8 Own refuse dump 56.8 56.0 No rubbish disposal 18.4 16.9 Other 0.2 Total 100.0 100.0

(a) Rural areas

Approximately 23% of the households located within the area of jurisdiction of the UDM have been provided with an RDP standard refuse removal service. The refuse removal service backlog within the UDM comprises 7% of the total refuse removal service backlog in the Eastern Cape. The two predominantly rural local municipalities within the area of jurisdiction of the UDM – the Elundini Municipality and the Senqu Municipality – have each provided an RDP standard refuse removal service to only 11% of the households within their respective service areas. This is due to the fact that the two local municipalities are predominantly rural in nature.

By way of contrast, the two predominantly urban municipalities within the area of jurisdiction of the Ukhahlamba District Municipality – the Maletswai Municipality and the Gariep Municipality – have provided 69% of the households and 70% of the households in their respective areas with an RDP standard refuse removal service.

3.4.4 Waste treatment and disposal

(a) Treatment

To be expanded on

(b) Disposal

At total of approximately 37,046 tonnes of waste is disposed of at landfill in the Ukhahlamba District annually. To be expanded on

Table 25: Waste disposal rates in the Ukhahlamba District Municipality (sourced from IWMPs) District municipality Local Municipality Waste generated (ton/annum) Elundini 7,616 Ukhahlamba District Municipality Senqu 5,619 Maletswai 14,600 Gariep 9,211 Total 37,046

All sites in the Ukhahlamba DM are communcal sites with the exception of a the site at Aliwal North.

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Table 26: Permitted formal landfill sites in Ukhahlamba DM No. Waste Site Size Status Comments 1 Elundini Municipality C Ugie Permit Issued Information not available 2 Maclear C Permit Issued Information not available 3 Mount Fletcher C Permit Issued Information not available 4 Maletswai Municipality S Aliwal North Permit Issued Information not available 5 Jamestown C Permit Issued Information not available 6 Senqu Municipality C Lady Grey Permit Issued Information not available 7 Barkley East C Permit Issued Information not available 8 Gariep Municipality C Steynsburg Permit Issued Information not available 9 Burgersdorp C Permit Issued One operating permitted waste disposal site and another un-permitted site in the process of being rehabilitated.

Table 27: Un-permitted formal landfill sites in Ukhahlamba DM No. Waste Site Size Strategy 1 Senqu Municipality C Barkley East To be closed and rehabilitated 2 Rhodes C Operational 3 Sterkspruit C Operational 4 Rossouw S Operational 5 Gariep Municipality C To be closed and rehabilitated. Oviston 6 Venterstad C Operating illegal waste disposal site. 7 Maletswai Municipality C To be closed and rehabilitated. Aliwal North 8 Jamestown C To be closed and rehabilitated. 9 Lady Grey C To be closed and rehabilitated. 10 Elundini Municipality C Ugie To be closed and rehabilitated. 11 Maclear C To be closed and rehabilitated.

3.4.5 Budget and Economic considerations

Budgetary challenges facing the LMs are consistent with those already discussed, especially for the more rural of the LMs. To be expanded on

3.4.6 Institutional capacity for waste management

Similarly, there is a skills shortage within the waste services of the majority of the LMs. To be expanded on

3.5 OR Tambo District Municipality

3.5.1 Waste generation rates

No waste generation rates are reported in the IWMPs for the OR Tambo DM. To be expanded on.

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3.5.2 Waste minimisation and recycling

No formal municipal recycling takes place within the area but a number of private recycling companies do operate in the Mthatha area. Burning of waste is common practice and salvaging from the waste disposal site takes place at some disposal sites in the district area.

3.5.3 Waste collection and transportation

Municipalities generally provide collection services to both residential and commercial areas but excludes rural areas. Waste is generally collected by means of kerbside collection in black refuse bags where it is transported to and disposed of at a waste disposal site.

Table 28: Percentage distribution of households according to different was services provided in OR Tambo District Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 7.4 7.5 Removed by LA/private company less than once/week 0.9 1.5 Communal refuse dump 0.8 1.0 Own refuse dump 64.4 64.1 No rubbish disposal 26.5 24.9 Other - 1.0 Total 100.0 100.0

(a) Rural areas

Given the predominantly rural nature of the O.R. Tambo DM, it is understandable that only 8% of the households within the district have access to an RDP standard refuse removal service. The refuse removal service backlog within the O.R. Tambo District Municipality comprises more than 33% of the total refuse removal service backlog in the Eastern Cape, the highest among the district municipalities located in the province. The households within the area of jurisdiction of the Nyandeni Municipality have the lowest access to an RDP standard refuse removal service among the local municipalities that comprise the service area of the O.R. Tambo District Municipality; just more than 1% of the households within the Nyandeni Municipality have been provided with an acceptable refuse removal service. The refuse removal service backlog within the Nyandeni Municipality comprises just less than 18% of the total refuse removal service backlog in the O.R. Tambo District Municipality and 6% of the refuse removal service backlog in the province.

Of the households located within the service area of the KSDM, 24% have been provided with an RDP standard refuse removal service, by some margin the highest access to an acceptable refuse removal service among the local municipalities that comprise the area of jurisdiction of the O.R. Tambo District Municipality. Nevertheless, the refuse removal service backlog within the KSDM comprises 22% of the total refuse removal service backlog within the O.R. Tambo District Municipality and just more than 7% of the refuse removal service backlog in the Eastern Cape.

3.5.4 Waste treatment and disposal

(a) Treatment

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A form of treatment of waste that is common in the area is burning of waste on landfill sites. This is done illegally but is seen as the only way of reducing the volumes of waste going into landfills.

(b) Disposal

At total of approximately 68,500 tonnes of waste is recorded as being disposed of at landfill in the Or Tambo District annually. Considering that this district has the highest population in the Province, this figures seems extremely low, and the accuracy of the sources is considered questionable.

Table 29: Estimated waste going to landfill in the OR Thambo Municipality (sourced from IWMPs) District municipality Local Municipality Waste generated (ton/annum) Mbizana 1,000 Ntabankulu 2,000 OR Tambo District Quakeni 2,000 Municipality Port St Johns 3,000 Nyandeni 2,000 Mhontlo 6,000 King Sabata Dalinyebo 52,500 Total 68,500

There is one permitted landfill in the district, namely that at Port St Johns.

Table 30: Un-permitted landfill sites in OR Tambo DM (Sourced from IWMPs) No. Waste Site Size Strategy 1 Port St John Municipality S No information available Port St Johns

The other nine landfill site remain un-permitted and are generally not engineered or managed appropriately.

Table 31: Permitted landfill sites in OR Tambo DM (Sourced from IWMPs) No. Waste Site Size Strategy 1 Mbizana Municipality C To be closed and rehabilitated Bizana 2 Ntabankulu Municipality C Need to upgraded and permitted. Ntabankulu 3 Quakeni Municipality C Flagstaff No information available 4 Lusikiki C No information available 5 Nyandeni C No information available Ngqeleni 6 Libode C No information available 7 Mhlontlo C No information available Qumbu 8 Tsolo C No information available 9 King Sabata Dalinyebo M Operational. Alternative site is being Mthatha planned

3.5.5 Budget and Economic Considerations

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Data pertaining to budget and economic considerations largely unavailable, however economic challenges facing the LMs in this area are typical of most LMs in the Eastern Cape.

3.5.6 Institutional Capacity for Waste Management

The institutional challenges for the LMs in this district are similar those already discussed and include lack of skills, and lack of training.

3.5.7 Coastal Resorts

The demographics within the O.R. Tambo District Municipality shows an east-west population split, with the eastern regions along the cost having higher population numbers than the western inland regions. Coatal settlement in the district include:

• Nyandeni Local Municipality: The IWMP does not identify whether or not waste collection is made at the costal resorts within its municipality. The status quo of collection services within coastal areas of this LM is not know. • King Sabata Dalindyebo Local Municipality: Almost no reference is made to waste characteristics in coastal resorts within the KSD IWMP. The IWMP does however recommend various projects to be undertaken within the coastal Resorts including Implementation of new urban collection services; development of a new mini transfer station at Coffee Bay; and Rehabilitate the present disposal points. • Port St Johns Local Municipality: The Port St Johns Municipality is composed primarily of the town of Port St Johns and the surrounding villages. Waste services are provided by the municipality and waste is collected in drums, transported by collection vehicles and disposed of at the landfill site. The municipality has its own landfill site on the outskirts of the town but the permit process is yet to be completed. • Qaukeni Local Municipality: The Qaukeni Municipality includes Lusikisiki and Flagstaff and the surrounding villages. This municipality has a large population of more than 1.6 million people and results in the production of roughly 2000 tons of waste per annum. Two disposal site are found in the Quakeni Municipality. A small landfill site has been newly constructed at flagstaff but is yet to be licensed. The dumpsite at Lusikisiki is unsuitable to receive waste and therefore needs to be decommissioned. To be expanded on • Mbizana Local Municipality: The Mbizana municipality is the largest municipality within the O. R. Tambo municipality, occupying an area of 2 800 km2. The extent of the municipality extends from the coast inland and contains one major urban centre known as Bizana and surrounding villages. According to the IWMP, Bizana generates roughly 1000 tons of waste per annum, with little or no hazardous waste. Waste is collected in refuse bags and transported to the waste site. Currently the form of waste disposal adopted is burning of waste. The Mbizana Municipality IWMP suggests that 50% of all waste collected can be recycled. The Mbizana Municipality has one waste disposal site but this site is not licenced and is faced with a large amount of illegal dumping. To be expanded on

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3.6 Alfred Nzo District Municipality

3.6.1 Waste generation rates

No waste generation rates are reported in the IWMPs for the Alfred Nzo DM. To be expanded on

3.6.2 Waste Minimisation and Recycling

Although there are some anecdotal evidence of limited recycling of cardboard in some of the urban centres, these activities are limited. In addition, there is no evidence of recycling of any measurable quantities of commercial, industrial, medical and hazardous waste generation in ANDM.

3.6.3 Waste Collection and Transportation

According to the Census 2001 data, there are few areas where waste collection services are provided. The vast majority of the ANDM households however receive limited or no waste collection service.

Table 32: Percentage distribution of households according to different was services provided in Alfred Nzo District Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 7.0 7.3 Removed by LA/private company less than once/week 1.4 1.5 Communal refuse dump 0.9 0.2 Own refuse dump 68.0 83.3 No rubbish disposal 22.7 7.7 Other - 0.0 Total 100.0 100.0

(a) Rural areas

Only one out of every twenty households located within the Alfred Nzo District Municipality has been provided with an RDP standard refuse removal service. This is the lowerst figure for any DM in the Province. This is explained by the rural nature of the district. The refuse removal service backlog within the Alfred Nzo District Municipality comprises just less than 13% of the total refuse removal service backlog in the province. The refuse removal service backlog within the Umzimvubu Municipality comprises 70,5% of the refuse removal service backlog in the Alfred Nzo District Municipality and 9% of the refuse removal service backlog in the Province.

3.6.4 Waste Treatment and Disposal

(a) Treatment

The only relevant treatment system in use in the ANDM is the incineration of medical waste. Major issues relating to this include: • The disposal of ash which still contain sharps • The lack of awareness of operators and the issuing of adequate personal protective equipment.

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These incinerators are being phased out in other areas and the trend is to hire outside licensed contractors to remove and dispose of the medical waste.

(b) Disposal

Ghe IWMPs report a total of 20,000 tones per annum generated in the district. Considering his district’s population figures, this figure seems extremely low, and the accuracy of the sources is considered questioned.

Table 33: Waste generation rates in the Alfre Nzo District Municipality (sourced from IWMPs) District municipality Local Municipality Waste generated (m3/annum) Alfred Nzo District Matatiele 7,699 Municipality Umzimvubu 12,301 Total 20,000

Due to the lack of waste collection in the more remote areas of the ANDM on-site own disposal is the predominant method for dealing with waste.

Table 34: Permitted landfill sites in Alfred Nzo DM (Sourced from IWMPs) No. Waste Site Size Comments 1 Matatiele Municipality S Matatiele No information supplied 2 Umzimvubu Municipality S Mount Ayliff No information supplied 3 Mount Frere S No information supplied

Table 35: Un-permitted landfill sites in Alfred Nzo DM (Sourced from IWMPs) No. Waste Site Size Strategy 1 Matatiele S Cedarville No information supplied

3.6.5 Budget and Economic considerations

Sources of funding for waste management are derived from revenues generated and allocation of operational and capital budgets. The collection of amounts due for refuse/waste (and other) services appears to be an area of great concern for the two local municipalities. Revenue collections are very low and range between 30-35%. The most common reason given by service recipients for non-payment is that the service is poor while the municipal service providers maintain service delivery is constrained by resources and that they have ineffective collection capabilities or policies and procedures.

3.6.6 Institutional capacity for waste management1

Waste management remains the function of the local municipality however most of the services are outsourced.

1 Information sourced from Alfred Nzo District Municipality IWMP and questionnaire.

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3.7 Nelson Mandela Bay Municipality

3.7.1 Waste generation rates

No specific waste generation rates are reported for the NMBM. To be expanded on.

3.7.2 Waste minimisation and Recycling

Nelson Mandela Bay Municipality has launched the Go Green campaign that aims at creatively and visibly communicating its initiatives towards conserving the environment. These initiatives, projects and actions of the NMBM are aimed at ensuring the effective and responsible use and management of our natural resources. The objective of this campaign is to emphasize initiative by the NMBM and to highlight actions that can be taken by residents of NMB on how they can mange their own environment at home, at work and in their everyday and how that can have a positive impact.

NMBM has also introduced the two-bag-system, in the Blue Horizon Bay suburb, which encourages households to separate recyclables from the general waste. Infrastructure including a bailer and an igloo has been placed at the existing transfer station and private contractors and service providers have been brought on board to transport and recycle the recyclable waste obtained. A MRF has also been developed at the Arlington Landfill Site.

The NMBM has a web-based Waste Exchange programme running (http://www.nelsonmandelabay.gov.za/Waste/Wastemain.aspx?objID=363). It is aimed at encouraging waste exchange instead of dumping unwanted material, thus preventing it ending up on landfills.

3.7.3 Waste Collection and transportation

The Metro provides nearly all households with a domestic refuse collection service utilising 85- litre plastic refuse bags or 240-litre wheeled containers (“wheely bins”). In most areas, the households are serviced by a kerbside plastic refuse bag collection system once per week. Areas on the wheely bin system are serviced once per fortnight.

Table 36: Percentage distribution of households according to different was services provided in Nelson Mandela Bay Municipality (Stats SA, 2007a) Service Census 2001 Community Survey 2007 Removed by LA/private company at least once/week 86.1 76.7 Removed by LA/private company less than once/week 3.5 11.3 Communal refuse dump 1.7 3.4 Own refuse dump 5.5 3.5 No rubbish disposal 3.1 4.7 Other - 0.4 Total 100.0 100.0

3.7.4 Waste treatment and disposal

(a) Treatment

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One form of waste treatment that the NMBM is aware of is the incineration of medical waste at hospitals and clinics. It is suspected that the incinerators are of inferior quality and given low maintenance, resulting in air pollution.

(b) Disposal

According to the South Africa Waste Information Centre, a total of almost 700,000 tonnes of waste was generated in NMBM in 2008 Table 37: Estimated waste going to landfill in the OR Thambo Municipality (sourced from SAWIC)

Metropolitan Waste generated (ton/annum) Characteristics General household Nelson Mandela Bay Municipality 693,303.1 waste

NMBM has no formal un-permitted landfill sites in its area. It manages the Koedoeskloof Landfill Site which accepts mainly general waste but has a H:h cell. The only dedicated hazardous landfill facility in the Province, Aloes, occurs in the Metro.

Table 38: Permitted landfill sites in NMBM (Sourced from IWMPs) Waste Site Size Status Comments Arlington L Permit Issued Koedoeskloof H:h Permit Issued Aloes Hazardous Waste site H:H Permit Issued Managed by private sector. Allows general waste into site to be used during co-disposal.

Illegal dumping does occur in the metro and an initiative to minimise this has been implemented. Disposal tariffs have been reduced at waste disposal facilities to encourage legal disposal but have proven to be unsuccessful.

3.7.5 Budget and Economic considerations

Currently, the management of waste is financed through both levies and charges as well as through the municipal budget. In addition to municipal funding, external funding organisations have also contributed and continue to contribute to improving the waste management services provided by the municipality. Examples of external funded initiatives include: • Sida, who have financed a partnership between the NMBM and the Recycling Board of Göteborg, which has focused on the development of Integrated Waste Management (IWM) in the Metro. Sida have also funded a number of consultancy reports related to IWM and contracted a long-term advisor from Sweden to support the NMBM in 2005. With the completion of the IWMP, the cooperation with Göteborg continues on a more mutually beneficial basis (benchmarking exercises). • The MIIU grant, which has in part financed the feasibility studies for the MRF at the Arlington site. • The NMMM also received financial support by means of the Cleanest City competition and also from an international project with the Norwegian government.

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3.7.6 Institutional capacity for waste management

According to information sourced from the municipality through the questionnaire, it appears that the NMBM is equipped to provide an effective service more so than other municipalities in the province. To be expanded on.

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4 HAZARDOUS WASTE MANAGEMENT – PROVINCIAL OVERVIEW

TO BE EXPANDED ON:

Information to be presented to include:

• General Industry profile of EC. Source: BKCOB, PERDII • Haz waste profiles of industries sectors as determined in other provinces e.g. Gauteng. See other HIWMPs • Health Care Waste: DOH info, Compas waste data • Overview of the two haz waste landfills in EC (Aloes and Koedoeskloof) • Landfill tonnages for Aloes (supplied by Enviroserv) and Koedoeskloof (supplied by NMBM) • Typical waste stream produced by main industries in EC (automotive industry, pharmaceutics). • Sujmmaries of the waste management plans for the two IDZs (Coega and EL) in the Province

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5 HAZARDOUS WASTE MANAGEMENT – DISTRICT OVERVIEW

TO BE EXPANDED ON

Management of hazardous waste in South Africa has always been a topic of concern. Hazardous waste collection and transportation is mainly outsourced to private contractors as majority of municipalities do not have the capacity to handle it.

Medical waste has also become a great concern as the treatment and disposal thereof is not effective and environmentally safe. In the Eastern Cape medical waste is mainly treated by means of incineration which in most cases are also ineffectively managed.

Hazardous waste generated in the Eastern Cape mainly goes to either the Koedoeskloof Liquid Hazardous Waste disposal facility or to the Aloes Hazardous Waste Disposal facility. Quantities and types of hazardous waste disposed of at Aloes have been obtained from Enviroserv and is indicated in the Appendices.

The average monthly hazardous waste disposed at the AHWDS varies significantly from one month to the other. According to waste data received approximately 71,200 tonnes of hazardous waste is disposed over a period of 11 months.

Information sourced was not able to indicate the source in terms of the district it was generated in, but being the only hazardous waste disposal facility able to receive solid hazardous waste, it can be assumed that the majority of the waste received is generated in the Eastern Cape., although the site does accept waste from outside the Eastern Cape.

Information regarding the types and quantities of waste entering Koedoeskloof could not be sourced at the time of the Interim Report.

5.1 Amathole District Municipality

5.1.1 Hazardous Waste

Most of the hazardous waste generated in the District is generated by business and industry in BCM. Butterworth is no longer generating hazardous waste since the tannery industry closed down. Hazardous waste is generally treated and disposed of by the generators themselves or removed to hazardous waste disposal sites outside the ADM by specialist contractors.

5.1.2 Health Care Waste (HCW)

Substantial quantities of HCW are generated by the numerous hospitals, clinics and private medical practices in the ADM. Most of the waste generated in the hospitals is incinerated on site at the larger hospitals. In other instances, however, specialist contractors remove and incinerate the medical waste from private practices and some of the hospitals and clinics. BCRWDS accepts treated medical waste from Compass Waste Autoclave in Berlin. There is a concern that some of the smaller rural hospitals and clinics may be illegally disposing of their medical waste locally or that medical

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waste is being co-disposed of with general waste, thereby exposing the waste collection and waste disposal staff to the risks associated with medical waste.

5.2 Cacadu District Municipality

5.2.1 Hazardous Waste

There are no major industries operating in the Cacadu district and hence no significant industrial hazardous waste streams are produced in the district.

5.2.2 Health Care Waste

HCW treatment and disposal poses a major threat to human health in the more rural local municipalities. The other less rural areas gets medical waste collected by private contractors and waste is treated or incinerated at approved facilities in Port Elizabeth.

5.3 Chris Hani District Municipality

5.3.1 Hazardous Waste

Quantities of hazardous waste produced in the municipal area are minimal and include oil from informal workshops. Oilkol collects used oils from formal workshops. Other hazardous waste that causes problems is disposal of abattoir waste at general waste disposal sites. This poses a threat to humans and is and the environment and require proper management.

5.3.2 Health Care Waste

HCW collected from veterinaries, doctor’s surgeries and other generators around the rural areas are incinerated at the hospitals in Queenstown and Whittlesea.

5.4 Ukhahlamba District Municipality

5.4.1 Hazardous Waste

There are no major industries operating in the UDM area generating hazardous waste.

5.4.2 Health Care Waste

The major sources of HCW are hospitals, surgeries and other health care establishment such as clinics, laboratories and research centre, mortuary and autopsy centres.

Disposal of HCW is a major problem in the UDM. Storage and disposal of medical waste are of a poor quality and is a health hazard.

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5.5 OR Tambo District Municipality

5.5.1 Hazardous waste

Hazardous waste collected is mainly animal carcasses, and medical waste (swabs, syringes, gloves etc) which is deposited at a disposal site. This practise needs to be discontinued.

Relatively small quantities of hazardous waste are produced throughout the study area. The majority of medical waste produced in Umtata is incinerated at Umtata General Hospital.

5.5.2 Health Care Waste

HCW generated in the area is not properly managed and disposed of. Majority of medical waste is incinerated, but not effectively done so and not disposed of effectively.

5.6 Alfred Nzo District Municipality

5.6.1 Hazardous Waste

There are no known industries or other activities that are generating significant amounts of hazardous waste in ANDM. However, sources of hazardous waste are very varied, and include: sludge from the various wastewater treatment facilities, oils and other debris from the numerous body shops and service stations, used paint containers and thinners, certain building debris, aerosol containers, metal off-cuts from workshops, and probably a wide variety of other domestic and commercial products.

5.6.2 Health Care Waste

HCW in ANDM mostly comes from the various hospitals and clinics which tend to be located near the main urban areas of Mt Ayliff, Mt Frere, Umzimkhulu, Maluti, etc. The types of medical wastes noted during field observations include both hazardous (e.g. syringes, medicine vials, body parts, etc.) and non-hazardous (e.g. old equipment, etc.).

HCW is collected and transported by a private contractor. No indication was given to where and how medical waste is disposed of. No records are kept of the quantities of medical waste generated, collected and disposed of.

5.7 Nelson Mandela Metropolitan

5.7.1 Hazardous waste

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Hazardous waste in the NMBM is collected, transported and disposed of by private contractors. NMBM has a disposal facility for liquid hazardous waste, namely Koedoeskloof Waste facility. Koedoeskloof is managed by the Metropole.

Private waste companies operate in the NMBM and are responsible for management and disposal of hazardous waste.

5.7.2 Health Care Waste

Private waste companies operate in the NMBM and are responsible for management and disposal of HCW. Major sources of HCW is

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6 POLICY AND LEGISLATION

6.1 Introduction

South Africa has a host of legislated acts, policies and guidelines relating to waste management, the most significant of these being the newly promulgated National Environmental Management: Waste Act (58 of 2008) which is now the countries central piece of legislation dealing with waste management. There are also certain relevant international conventions to which South Africa subscribes. This chapter discussed these acts, policies, guidelines and conventions thereby providing a context to waste policy and legislation. Where applicable it highlights aspects of these acts and policies which apply specifically to the provincial authorities.

This section is not exhaustive but presents the broader legislative framework and highlights the more important aspects thereof.

6.2 International conventions

6.2.1 Basel Convention on the control of trans-boundary movement of hazardous waste and their disposal, 1989

The Basel Convention is a global agreement which seeks to address the trans- boundary movement of hazardous waste. The convention is centred on the reduction of the production of hazardous waste and the restriction of trans-boundary movement and disposal of such waste. It also aims to ensure that strict controls are in place when any trans-boundary movement and disposal of hazardous waste does occur, and ensures it is undertaken in an environmentally sound and responsible manner.

The Basel Convention, held on 22 March 1989, called for control of the trans- boundary movement of hazardous waste and its disposal. Whilst South Africa subsequently acceded to this Convention, no legislation was passed at the time to give effect to it. The second Basel convention, held on 8 October 2005, set standards for the control of trans-boundary movements of hazardous wastes and their disposal, setting out the categorization of hazardous wastes and the policies for their disposal between member countries. South Africa accedes to this convention and implements its provisions.

The key objectives of the Basel Convention are: • To minimise the generation of hazardous wastes in terms of quantity and hazardousness; • To dispose of hazardous waste as close to the source of generation as possible; and • To reduce the movement of hazardous wastes.

The most significant provisions of the Convention relate to the ban on certain importations and exportations; illegal traffic, bilateral, multilateral and regional agreements and the control system of the Convention.

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6.2.2 Rotterdam Convention

The Rotterdam Convention was held in September 1998 to promote shared responsibilities in relation to importation of hazardous chemicals. One of the key provisions is the Prior Informed Consent (PIC) procedure, which lists information on hazardous chemicals in Annex III. It became legally binding on its parties in 2004. The convention promotes open exchange of information and calls on exporters of hazardous chemicals to use proper labelling, include directions on safe handling, and inform purchasers of any known restrictions or bans. Parties can decide whether to allow or ban the importation of chemicals listed in the treaty, and exporting countries are obliged make sure that producers within their jurisdiction comply. From this convention a PIC circular is distributed every six months giving updated information on the listed chemicals, member compliance and sources of supporting information.

In 1995 the United Nations Environment Programme called for global action to be taken on persistent organic pollutants (POPs), which pose a threat to both health and the environment. As a result, the negotiations for the Stockholm Convention on POPs were initiated and culminated in May 2001, with the convention entered into force in May 2004. South Africa accedes to this convention, whereby member countries have agreed to phase out POPs, and prevent their import or export.

6.2.3 Stockholm Convention

South Africa is a signatory of the Stockholm Convention which was entered into focre in May 2004. South Africa accedes to this convention, whereby member countries have agreed to phase out Persistent Organic Pollutants (POPs), and prevent their import or export. It imposes restrictions on the handling of all intentionally produced (POPs), i.e. identified highly toxic, persistent chemicals.

The 12 POPs that have been identified under the convention are aldrin, chlordane, dieldrin, dichloro-diphenyl-trichloroethane (DDT), endrin, Hexachlorobenzene (HCB), heptachlor, mirex, polychlorinated biphenels (PCBs), toxaphene, dioxins, and furans. Of the aforementioned substances, two are still used in South Africa today (DDT and chlordane), although their use is restricted under the ‘Fertiliser Act’ as administered by the Department of Agriculture. The above list of chemicals is relevant, especially where there is any management of obsolete and banned pesticides.

South Africa negotiated the continued use of DDT, as it has proved critical in the fight against malaria, and PCBs will be phased out as the electrical appliances that contain them become obsolete.

In 2005 South Africa, at the Reduce, Reuse and Recycle Ministerial Conference signed an agreement for the African Stockpile Programme, a project aimed at recovering and the appropriate disposal of obsolete pesticides. With funding ($1,7million) from the World Bank, government began implementing the programme.

By mid-2007, approximately 100 tonnes of labelled and unlabled stocks of obsolete pesticides had been collected by farmers in the Limpopo Province alone, and shipped to Holfontein Waste Disposal Site. The Limpopo pilot project is expected to serve as a benchmark for the roll-out of projects in other provinces, however, as the amount of obsolete pesticide stocks collected from the Limpopo pilot project was significantly higher than anticipated, it has become apparent that further funding will be required to role the programme out nationally.

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6.2.4 London Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters, 1972

The London Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter, 1972, aims to prevent marine pollution by preventing the dumping at sea of wastes such as industrial waste, sewage sludge, dredged material and radioactive waste as well as incineration at sea. South Africa is a signatory to the convention and the associated 1996 Protocol.

This convention and its various protocols were incorporated into the following South African legislation: • Prevention of Pollution from Ships Act (Act 2 of 1986), and the regulations concerning the Prevention of Pollution by Garbage from Ships Regulations (GN R1490, published in Government Gazette No. 14000, dated 29 May 1992). • The Dumping at Sea Control Act (Act 73 of 1980).

The primary responsible agency is the DEAT Sub Directorate of Marine and Coastal Pollution Management who issue permits for dredge spoils and sinking of old vessels. It occasionally issues permits for ships in trouble, typically grounded, to release their cargo into the sea.

6.3 National Environmental Management: Waste Act (59 of 2008)

6.3.1 Overview

The National Environmental Management: Waste Act (59 of 2008) (NEMWA) was promulgated on 01 July 2009, marking a new era in waste management in South Africa. The act covers a wide spectrum of issues including requirements for a National Waste Management Strategy, IWMPs, definition of priority wastes, waste minimisation, treatment and disposal of waste, Industry Waste Management Plans, licensing of activities, and waste information management.

6.3.2 Objectives of NEMWA

The National Environmental Management: Waste Act’s objectives are - (a) to protect health, well-being and the environment by providing reasonable measures to - (i) minimising the consumption of natural resources; (ii) avoiding and minimising the generation of waste; (iii) reducing, re-using, recycling and recovering waste; (iv) treating and safely disposing of waste as a last resort; (v) preventing pollution and ecological degradation; (vi) securing ecologically sustainable development while promoting justifiable economic and social development; (vii) promoting and ensuring the effective delivery of waste services; (viii) remediating land where contamination presents, or may present a significant risk of harm to health or the environment; and (ix) achieving integrated waste management reporting and planning (b) to ensure that people are aware of the impact of waste on their health well-being and the environment;

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(c) to provide for compliance with the measures set out in paragraph (a) and (d) generally, to give effect to section24 of the Constitution in order to secure an environment that is not harmful to health and well-being.

The Minister has subsequently gazetted (on 03 July 2009) GN No. 718 (Gazette No. 32368) and 719 (Gazette No. 32369) which present a Waste Management Activity Lists describing those waste activities, and thresholds, which require authorisation before they are undertaken. NEMWA Schedule 1 (Section 19) identifies activities which require a waste management licence. Activities include: • Storage and transfer of waste; • Recycling and recovery; • Treatment of waste; • Disposal of waste on land; • Storage, treatment and processing of animal waste; and • Expansion or decommissioning of facilities and associated structures and infrastructure.

Either a Basic Assessment or Scoping and EIA process is to be carried out with regards to acquiring a licence as stipulated in the environmental impact assessment regulations made under section 24 (5) of NEMA.

NEMWA Schedule 2 (Section 80) repeals numerous sections within the Environmental Conservation Act (1989).

6.3.3 Requirements made on provincial government

NEMWA introduces a number of specific requirements for local, district and provincial authorities. The table below lists sections of the act which make specific demands on Provincial government:

Table 39: Tasks required of the MEC or Province in terms of NEMWA. Tasks falling under sections of the act which have yet to be enacted have not been listed. While certain sections of the text are taken verbatim from the Act, interpretation has been added.

Topic Section Requirement General duty 3 The state must put in place measures that seek to reduce the amount of waste generated, and where waste is generated, ensure that it is re-used, recycled and recovered in an environmentally sound manner. Provincial norms and 8(1) The MEC must ensure the implementation of the national waste management strategy. standards 8(2) & The MEC may set provincial standards. These must facilitate and advance: (3) • Planning and provision of waste management services • Regionalisation of waste management services • Minimisation, re-use, recycling, and recovery of waste • Treatment and disposal of waste Designation of Waste 10(2) The MEC must designate an officer in the provincial administration as the provincial Management Officers waste management officer responsible for co-ordinating matters pertaining to waste management in the province. Integrated Waste 11(1) Provincial departments responsible for waste management must prepare integrated Management Plans waste management plans.

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Topic Section Requirement 11(2) This provincial IWMP may be incorporated into any relevant provincial plan. 11(4) Local municipalities are to submit their IWMPs to the MEC for approval. The MEC may, within 30days, request amendments to the IWMPs that do not comply with the Act, are in conflict with provincial or national IWMPs. 11(5) The Province must submit its IWMP to the Minister for approval. 11(6) When supporting a municipality, the MEC for Local Government must, in consultation with the MEC, ensure the IWMP is aligned with the plans, strategies and programmes of the Department (DEAT) and the provincial department (DEDEA). 11(7) Before finalising its IWMP, the provincial department must undertake consultation in accordance with Sections 72 and 73 of the Act. 12 Section 12 of the Act prescribes the content of IWMPs 13 (1) The provincial department must submit annual performance reports on the and (2) implementation of the IWMP to the MEC and the Minister for approval. Section (2) specifies the content of the annual performance reports. Preparation of 29(2)(6) The MEC may require the provincial department responsible for environmental affairs industry waste (DEDEA) to undertake industry waste management plans. The provincial department management plans must follow the appropriate consultative process. by organs of state Contents of Industry 30 The MEC must specify the information that must be included in the industry waste Waste Management management plan. Plans Review of industry 34 When specifying a review period for an Industry Waste Management Plan, the MEC waste management must take cognisance of the review periods of any related waste management licenses. plans Licensing authority 43 (2) Subject to subsection (1), the MEC of the province in which the waste management activity is being or is to be carried out, is the licensing authority. Subsection (1) describes the Minister’s role in licensing. Procedure for waste 47 (1) The licensing authority management licence (c) must invite written comments from any organ of state that has an interest in the applications matter; and (d) must afford the applicant an opportunity to make representation on any adverse statements or objections to the applicant. Factors to be taken 48. This section lists a host of factors to be taken into consideration by the licensing into account by authority when considering an application for a waste management license. licensing authority Decision of licensing 49 This section lists a number of requirements which the licensing authority is to fulfil when authorities on waste considering a waste license application. management licence applications Transfer of waste 52 (5) If the environment or the rights or interests of other parties are likely to be adversely management affected by the transfer of a licence, then the Minister or MEC must request the licences applicant to conduct a consultation process. (7) This section lists actions required of the licensing authority in a situation where the licensing authority’s decision is to grant permission for the transfer of the waste management licence. Review of waste 53 (1) A licensing authority must review a waste management licence at intervals management specified in the licence, or when circumstances demand that t review is necessary. licences (2) The licensing authority must inform the holder of the waste management licence, in writing, of any proposed review and the person for such review if the review is undertaken at another interval than is proposed for in a waste management license.

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Topic Section Requirement Variation of waste 54 This section lists a number of actions required of the licensing authority in a situation management where a holder of a waste licence requests a variation to the licence. licences Renewal of waste 55 This section lists actions which the licensing authority is required to undertake when management licenses are renewed. These include the following: licences (4) If the environment or the rights or interests of other parties are likely to be adversely affected, the licensing authority must, before deciding the application, request the applicant to conduct a consultation process that may be appropriative in the circumstances to bring the application for the renewal of a waste management license to the attention of relevant organs of state, interested persons and the public. Waste management 58 This section defines a number of tasks which waste management control officers are control officers required to undertaken. These include promptly reporting any non-compliance with any licence conditions to the licensing authority. Criteria for fit and 59 This section states that a licensing authority must take into account all relevant facts proper persons when determining whether a person is a fit and proper person for the purposes of an application. This section details the facts that must be considered. Waste Impact 66 An environmental management inspector appointed in terms of NEMA may require any Reports person to submit a waste impact report if the inspector suspects the person has contravened or failed to comply with the Act. In such a case: (3) An environmental management inspector or waste management officer must stipulate the documentation and information that should be included in a report Consultation 72 (1) Before exercising a power which, in terms of this Act, must be exercised in accordance with this section and section 73, the Minister or MEC must follow such consultative process as may be appropriate in the circumstances. Public Participation 73 Prior to the MEC exercising certain powers, the MEC must give notice of the proposed activity. This section defines how this is to be undertaken. Consideration of 75 If the rights or interests of other parties are likely to be adversely affected by a proposed applications for exemption, the Minister or MEC must, before deciding, request the applicant to bring exemption their application to the attention of relevant organs of state, interested persons and the public, and submit any comments received from the public. Decisions on 76 If an application for exemption is granted, the Minister or MEC must issue a written applications for exemption notice to the applicant. This section further defines the required content of exemption such a notice. Review and transfer 77 (2) Before suspending, withdrawing or amending an exemption, the Minister or MEC of exemptions must give the person to whom the exemption was granted an opportunity to comment, in writing, on the reasons for the suspension, withdrawal or amendment. Delegation and 79 Where the Minister or MEC has delegated authority: assignment (2) the Minister or MEC must regulatory review and, if necessary, amend or withdraw a delegation or assignment.

Certain sections of the act have ye to be enacted, including the following: • Section 28 (7), which makes allowance for of a person, category of person or industry to compile and submit an industry waste management plan for approval to the MEC, without being required to do so by the MEC. • Part 8 (Section 35-41), which deals with contaminated land. • Section 46, which allows the licensing authority to require an applicant seeking a waste management licence to appoint an independent and qualified person to manage the application.

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6.4 Other national legislation

6.4.1 Constitution of the Republic South Africa (1996)

Section 24 of the Constitution guarantees everyone the right to: • an environment that is not harmful to their health or well being; and • to have an environment protected for the benefit of present and future generations, through reasonable legislative and other measures that:: • prevent pollution and ecological degradation; • promote conservation; and • secure ecologically sustainable development and use of natural resources while promoting justifiable economic or social development.

6.4.2 National Environmental Management Act (Act 107 of 1998)

The National Environmental Management Act (Act 107 of 1998) commonly known as “NEMA” is South Africa’s overarching framework for environmental legislation. The object of NEMA is to provide for operative environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote co-operative governance, and procedures for co-ordinating environmental functions exercised by organs of state.

It sets out a number of principles that aim to implement the environmental policy of South Africa. These principles are designed to serve as a framework for environmental planning, as guidelines by which organs of state must exercise their functions and to guide other law concerned with the protection or management of the environment.

The principles include a number of internationally recognized environmental law norms and some principles specific to South Africa, i.e. the: • Preventive principle; • Precautionary principle; • Polluter pays principle; and • Equitable access for the previously disadvantaged to ensure human well- being.

Chapter 5 of NEMA is designed to promote integrated environmental management. Environmental management must place people and their needs at the forefront of its concerns, and serve their physical, psychological, developmental, cultural and social interests equitably. Development must be socially, environmentally and economically sustainable. Sustainable development therefore requires the consideration of all relevant factors, some of which include the following: • The disturbance of ecosystems and loss of biological diversity is to be avoided, or, minimised and remedied; • The pollution and degradation of the environment are to be avoided, or, minimised and remedied;

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• Waste is to be avoided, or, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner; • A risk-averse and cautious approach is to be applied; and • Negative impacts on the environment and on the people’s environmental rights must be anticipated and prevented, and where they cannot be altogether prevented, must be minimised and remedied.

6.4.3 Environment Conservation Act (73 of 1989)

The Environment Conservation Act (ECA) predates the Constitution and, although many sections have already been repealed, certain sections are still in place.

The objectives of the ECA are to provide for the effective protection and controlled utilisation of the environment. Several sections of the ECA were repealed through the enactment of NEMA and certain responsibilities were assigned to the provinces.

The Waste Act (59 of 2008) has repealed sections of ECA dealing with waste management. More specifically these repealed sections are: • 19: Prohibition of littering. This is now dealt with under Section 27 of NEMWA • 19A: Removal of litter. • 20: Waste Management. This section dealt with permitting of waste facilities, but is now replaced by Chapter 5 (Sections 43 – 59) of NEMWA. • 24: This section provided the framework for waste regulations to be formulated. This issue is now covered by Chapter 8, Part 1 (Regulations) (Sections 69 – 71) of NEMWA. • 24A, 24B and 24C: Similarly these sections which dealt with regulations regarding littering, products, and procedures for making regulations respectively are now addressed by Chapter 8, Part 1 of NEMWA. • 29: Sections (3) and (4), which deal with Offences and Penalties have been substituted by NEMWA.

Despite the fact that the NEMWA repeals section 19,19A, 20, 24, 24A 24B, and 24C of the ECA, it should be noted that in accordance with Section 80(2) of the Waste Act, any regulations or directions made in terms of these appealed sections of ECA, remain in force and is considered to have been made under the Waste Act.

6.4.4 National Environmental Management: Air Quality Act (39 of 2004)

Many facets of waste management are associated with atmospheric emissions, for example, waste transportation is associated with carbon dioxide release from vehicles, and methane and carbon dioxide are released from landfill sites.

The Air Quality Act was published in the Government Gazette on 24 February 2005 and came into effect in September 2005. This Act, amongst others, provides for the implementation of a National Framework, of national, provincial and local ambient air quality and emission standards and air quality management plans. These implementations are currently in progress.

6.4.5 Atmospheric Pollution Prevention Act (45 of 1965)

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Prior to the Air Quality Act coming into full effect, the control of atmospheric emissions of noxious, hazardous and nuisance causing materials was controlled by the Atmospheric Pollution Prevention Act (APPA) and its amendments. The administration of the APPA has been assigned to the Air Pollution Control Department under the Department of Environmental Affairs & Tourism.

Those sections addressing the management of dust are of importance for landfill site management. Sections 27 – 35 state that industries should adopt the “best practicable means” for preventing dust from becoming dispersed or causing a nuisance. The act also empowers owners or occupiers present in the vicinity of the source of dust/nuisance to take or adopt necessary steps or precautions against the nuisance. Where steps have not been prescribed, owners must adopt the “best practicable means” for the abatement of the nuisance. Should any person/s such as for example, waste management service providers, not comply with the necessary steps to prevent owners/occupiers from the effects of dust, the person/s may be liable to pay a dust control levy to the minister.

6.4.6 National Water Act (36 of 1998)

The National Water Act is South Africa’s overarching piece of legislation dealing with water resource management. It contains a number of provisions that impact on waste management, including: • Ensuring the disposal of waste in a manner, which does not detrimentally impact on water resources; and • Managing the discharge of waste into water resources.

The Act allows the Minister to make regulations for: • Prescribing waste standards, which specify the quantity, quality and temperature of waste that may be discharged or deposited into or allowed to enter a water resource; • Prescribe the outcome or effect, which must be achieved through management practices for the treatment of waste before it is discharged or deposited into or allowed to enter a water resource; and • Requiring that waste discharged or deposited into or allowed to enter a water resource be monitored and analysed according to prescribed mechanisms.

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6.4.7 Occupational Health and Safety Act (85 of 1993)

The Act legislates the health and safety requirements for the work place, and looks to protect the health and safety of all people, from impacts which may arise out of or in connection with the activities of persons at work. It places duties on employers and employees not to endanger the health of others and to provide a safe place of employment.

Hence the OSHA places an obligation on Local, District and Provincial Authorities both in terms of the health of their employees, and to ensure that the services they provide do not compromise the health of the public.

The Act further protects workers with regard to Hazardous Chemical Substances through specific regulations. Asbestos regulations deal with the management of waste containing asbestos, and lead regulations have also been published.

6.4.8 Health Act (63 of 1977)

The Health Act focuses on the promotion of the health of the people and the provision of processes to enable this objective to be achieved. Sections 20, 34 and 38 of the Act are relevant to waste management.

Section 20, requires authorities to take lawful and reasonable practical measures to maintain their areas in a hygienic and clean condition to prevent an unhealthy environment for people.

Sections 34 and 38 of the act authorise the National Minister of Health to make regulations, which may directly impact on waste management.

6.4.9 Hazardous Substances Act (15 of 1973)

The Hazardous Substances Act 15 of 1973 governs the control of substances that may cause ill health or death in humans by reason of their toxic, corrosive, irritant, flammability or pressure effects. The Act provides for the regulation of the storage, handling, labelling and sale of Group I, II, and III hazardous substances. A license is required for an operation that stores, handles and sells Group I substances. Section 29(1) of the Act regulates the disposal of the empty containers, which previously held Group I substances.

6.4.10 The Human Tissues Act

TO BE EXPANDED ON

6.4.11 National Road Traffic Act (93 of 1996)

The United Nations (UN) recommendations on the transport of dangerous goods have been used to produce sections of the National Road Traffic Act. In addition, and in terms of other regulations published under the Act, certain South African Bureau of Standards (SABS) Codes of Practice have been incorporated as standard specifications into the National Road Traffic Regulation (GNR 1249 of 13 November 2001). These codes have been based on the UN recommendations, also known as “The Orange Book” and the associated European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) regulations.

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The codes of practice so incorporated include e.g. the following: • SANS 10228:2006 Edition 4.00: The identification and classification of dangerous goods for transport; • SANS 10229-1:2005 Edition 1.00: Transport of dangerous goods - Packaging and large packaging for road and rail transport Part 1: Packaging; • SANS 10229-2:2007 Edition 1.00: Transport of dangerous goods - Packaging and large packaging for road and rail transport Part 2: Large packaging; • SANS 10232-1:2007 Edition 3.00: Transport of dangerous goods - Emergency information systems Part 1: Emergency information system for road transport; • SANS 10232-2:1997 Edition 1.00: Transportation of dangerous goods - Emergency information systems Part 2: Emergency information system for rail transportation; • SANS 10232-3:2007 Edition 3.00: Transport of dangerous goods - Emergency information systems Part 3: Emergency response guides; • SANS 10232-4:2007 Edition 1.01: Transport of dangerous goods - Emergency information systems Part 4: Transport emergency card; • SANS 10233:2001 Edition 2.00: Transportation of dangerous goods - Intermediate bulk containers.

The transportation of all waste products should adhere to the above where applicable, noting that certain waste/ refuse may be categorised as dangerous goods.

6.4.12 Advertising on Roads and Ribbon Development Act (21 of 1940)

This act regulates, amongst other things, the discarding of waste within 200m of the middle of a road.

6.4.13 Tyre Regulations (R149 of 2009)

The Waste Tyre Regulations of 2009 were promulgated (GG No. 31901 vol. 524) on 13 February 2009 came into effect on 30 June 2009. The purpose of the legislation is to regulate the management of waste tyres by providing for the regulatory mechanisms. The regulations apply uniformly in all provinces in South Africa and affect waste tyre producers, waste tyre dealers, waste tyre stockpile owners, landfill site owners and tyre recyclers.

6.5 National policies and guidelines

6.5.1 White Paper of Integrated Pollution and Waste Management (DEAT, 2000)

The White Paper on Integrated Pollution and Waste Management (1999) constituted South Africa’s first policy document focused on integrated waste management. This national policy set out the Government’s vision for integrated pollution and waste management in the country. It represented a paradigm shift in waste management in that it integrated a number of approaches namely pollution prevention, minimisation at source, management of impacts resulting from such pollution, and remediation of

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environments damaged by such impacts. The White Paper on IPWM sets out seven goals for waste management in South Africa namely: • Effective institutional framework and legislation • Pollution prevention, waste minimisation, impact management and remediation • Holistic and integrated planning • Participation and partnerships • Empowerment in education in IPWM • Information management, and • International cooperation.

It set the scene for the National Waste Management Strategy (NWMS) and Action Plans which were subsequently developed to transform the IPWM into reality.

6.5.2 National Waste Management Strategy (1999)

The first National Waste Management Strategy (NWMS) was published in 1999 by the Department of Environmental and Tourism (DEAT) and the Department of Water Affairs and Forestry (DWAF). It was the first strategy for addressing South Africa’s waste management challenges. The strategy effectively defines South Africa’s vision for waste management highlighting themes such as “cradle to grave” management of waste products and the waste management hierarchy which encourages waste disposal only as a last resort.

The 1999 NWMS sought to achieve three key goals: • Develop strategies for integrated waste management; • Develop action plans to implement the strategies; and • Build capacity within DEAT and DWAF to implement the action plans.

It defined strategies up until 2010, assigning functions and responsibilities to all levels of government. The NWMS included the following action plans for its implementation: • Integrated Waste Management Planning. This section assigned a number of planning activities for provincial government, including compilation of first generation hazardous waste management plans by 2001, and final plans by 2003. Plans are to be revised every 4 years. • Waste Information System. In terms of the national Waste Information System, provincial government is described as being responsible for dat processing and quality assurance. • Waste Minimisation. Province’s role is one of implementing waste minimisation initiatives and promoting the development of voluntary partnerships with industry including the introduction of waste minimisation clubs. Data collection is also central to Province’s role. • Recycling: The Strategy proposes a number of national recycling teams such as tyre recycling projects, promote initiatives for recycling batteries, oil and organic solvents, carry out pilot recycling projects, and provisions of incentives to promote recycling. Provincial government is to play a role in administrating the above.

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• Waste Collection and Transportation: The long term goal is to achieve separation at source thereby facilitating recycling. The following targets were set for the provision of a waste collection service: • By 2003: unserviced residential areas with more than 500 people and more than ten dwellings per hectare • By 2005: Partly or poorly serviced residential areas • After 2005: Unserviced, low-density residential areas • In terms of achieving the above, Provincial government was assigned the responsibility for registration and monitoring of hazardous waste transporters and the establishment of control of the hazardous waste collection/transfer facilities in their area. • Waste Treatment: Activities considered under this section include solidification, immobilisation and cementation of waste, as well as thermal treatment. Priority initiatives were to include establish incinerators for medical waste, prepare guidelines for hazardous waste treatment (by 2000) and to promote regional hazardous waste treatment facilities. Province’s role was to support DEAT in the planning and siting of hazardous waste treatment plants and medical waste treatment plants. • Waste Disposal: Priority initiatives in terms of disposal include ensuring sufficient landfill sites are developed to meet he country’s disposal needs, phase out co-disposal of hazardous waste with general waste, ensure appropriate auditing of landfill sites, to name a few. Many other priority initiatives were identified. While the national office would be responsible for developing policy and guidelines, the provincial environmental authorities would be responsible for enforcing the requirements of the guidelines.

The NWMS was a comprehensive and ambitious national waste strategy that embodied the concept of the waste management hierarchy but it its implementation was to some extent compromised by the absence of a coherent legislative framework. This has been addressed to some extent by the recent promulgation of the National Environmental Management: Waste Act (59 of 2008). The NWMS is currently being revised in line with Chapter 2, Part 1, of the Act which requires the establishment of a NWMS within two years of the Act coming into effect. The figure below details the planned approach to the revision process.

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Figure 11: The process of drafting the second edition of the NWMS has consisted of four phases as illustrated (DEAT, undated document). Correspondence with DEAT in August 2009 confirmed that the Department was busy with phase two of the project (Situation and baseline studies) which will form the basis of the Strategy. At the time of this report DEAT confirmed that because certain research papers remain outstanding, they were not yet at a point where they could advise as to whether this revised NWMS would present any significant changes to national waste targets.

6.5.3 Minimum Requirements Documents; Department of Waster Affairs and Forestry (1998 and 2005)

The objective of the Minimum Requirements is to establish a framework for standards for waste management in South Africa. The Department of Water Affairs and Forestry published the second edition of the Minimum Requirements series in 1998, consisting of the following three documents: • Document 1: Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste. • Document 2: Minimum Requirements for Waste Disposal by Landfill. • Document 3: Minimum Requirements for Monitoring at Waste Management Facilities.

The third edition was released in draft form in 2005, but only Document 1 (DEAT, 2005) has been finalised.

6.5.4 National Policy in Thermal Treatment of General and Hazardous Waste

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The Thermal Waste Treatment of General and Hazardous Waste Policy was gazetted (GN No. 32439) for public comment on 30 January 2009 and published under the National Environmental Management: Waste Act (Act 59 of 2008) on 24 July 2009. The policy presents the Government’s position on thermal waste treatment as an acceptable waste management option in South Africa. It also provides the framework within which incineration and co- processing treatment technologies of general and hazardous waste should be implemented in the country.

All Government Departments across the different spheres of government must consider this policy in their decision making on matters pertaining to thermal treatment of waste.

The policy presents objectives which vary thematically. These consider the integration of thermal waste treatment into the integrated waste management system. Schedules one to four provide guidelines on the following:

1. Air Emission Standards – Waste Incineration

Listed air emission standards for general and hazardous waste incinerators, brought into operation subsequent to the final gazetting of this policy, to be complied with until the formalisation of The Minimum Emission Standards in terms of Section 21 of the National Environmental Management: Air Quality Act of 2004.

2. Air Emission Standards – AFR Co-Processing

The Minimum Emission Standards for AFR co-processing is currently in the process of being formalised in terms of Section 21 of the National Environmental Management: Air Quality Act of 2004. In the interim this policy constitutes the air emission standards for all cement kilns co-processing AFR.

3. Waste Excluded from Co-Processing

Listed types of waste that are not allowed to be received, stored, handled or co- processed in cement kilns.

4. Conditions of Environmental Authorisation

Any cement plant co-processing general or hazardous waste as alternative fuels and/or raw materials (AFRs), and any dedicated general and/or hazardous waste incinerator must have the relevant approvals from the competent authority. This schedule includes notes on operational management, air quality management, waste management and monitoring and reporting.

6.6 Provincial and local legislation

6.6.1 DEDEA Annual Performance Plan

The annual performance plan published by Department of Economic Development and Environment Affairs provides the Department with specific direction and sets measurable targets for the activities which it plans to undertake in order to fulfil its mandate. The 2009/10 – 2011/12 plan (DEDEA, 2009) considers performance targets on a sub-programme by sub-programme basis. Sub-programmes 3.2 (Compliance and Enforcement) and 3.3 (Environmental Quality Management) lists a number of waste management related targets for this period. It is noted that majority of the waste-related performance indicators in the plan have no allocated targets,

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likely due to a lack on available data. These indicators nonetheless provide an indication of areas of requiring improvement.

Waste targets as presented in the plan are presented below:

Table 40: Waste targets for DEDEA as presented in the department’s annual performce plan (DEDEA, 2009) Actual Actual Estimate Target Target Target Measurable objective Performance Measure Indicator 06/07 07/08 08/09 09/10 10/11 11/12 Sub-programme 3.2: Compliance and Enforcement Reduce environmental Total number of enforcement actions N/A 0 28 15 15 15 crime incidence for non-compliance with waste through improved management legislation. Actual compliance monitoring, 2008/09: 28 Target: 15 per year reporting, investigation from 2009/10 to 2011/12 and cooperative governance Number and percentage of landfill N/A N/A N/A N/A N/A N/A sites monitored for compliance Percentage of landfill sites not N/A N/A N/A N/A N/A N/A permitted Sub-programme 3.3: Environmental Quality Management Facilitate Waste • Develop and implement N/A N/A N/A 0 0 0 Minimisation and the WIS Recycling Projects at local municipalities • Develop and implement N/A N/A N/A 0 0 0 plan to see all landfills meeting legal requirements ito legislation Percentage of landfills permitted in N/A N/A N/A 0% 10% 20% terms of legislation Percentage of waste generated that N/A N/A N/A 0 0 0 is recycled The volume of waste generated per N/A N/A N/A N/A N/A N/A annum (total and per capita) The growth trend in waste N/A N/A N/A N/A N/A N/A generation (% increase over the last 2 years) Number of blue flag beaches in the N/A N/A N/A N/A N/A N/A province Number of waste minimisation and N/A 1 6 5 6 6 recycling projects implemented Ensure WIS reporting Number of facilities reporting into 15 18 25 25 30 35 and development of WIS IWMPs Key milestones of Provincial IWMPs 2 2 6 6 achieved Number of officials trained on Waste N/A N/A 16 16 16 16 Permitting Function Number of people trained to N/A N/A 90 60 60 60 implement NEMWA

6.6.2 Provincial Growth and Development Strategy

The Provincial Growth and Development Strategy (PGDP) provides the strategic framework, sectoral strategies and programmes aimed at a rapid improvement in the quality of life for the poorest people of the Province. To do this, the PGDP sets out a vision with quantified and sequenced targets in the areas of economic growth,

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employment creation, poverty eradication and income redistribution for the 10-year period 2004-2014.

The PGDP’s vision, is to make the Eastern Cape a compelling place to live, work and invest in.

6.6.3 The Eastern Cape Municipal Ordinance 20 of 1974

The Ordinance deals with municipalities, village management boards and local boards within the Eastern Cape Province.

Section 141 deals with the protection of municipal service works. According to this section, “no person shall, except with consent of the council and subject to such conditions as it may impose –

e) discharge, permit to enter or put into any sewer - • Any storm water; • Any gas or stream; • Any liquid (not being domestic waste water) of a temperature higher than 43°C; • Any liquid refuse from an abattoir; • Any petrol or oil substance containing petrol or oil; • Any refuse or waste resulting from any industrial, trade, manufacturing or chemical process; • Any liquid which has a pH value of less than 5, or greater than 12; • Any volatile inflammable solvent or organic solvent immiscible with water; • Any substance which has an open flash point of less than 93°C; • Any explosives, inflammable, poisonous or other dangerous or noxious substance; • Any substance which gives off or produces or is likely to give off or produce any explosive, inflammable, poisonous or other dangerous noxious gas or vapour, or any substance or thing which, whether alone or in a combination of other matter may constitute or create a nuisance to the public; • Injure or endanger the health of persons; • Interfere with the free flow of sewage in such sewer; • Damage any sewer or any land or municipal service works used for in connection with the treatment or disposal of sewerage, or affect injuriously the re-use of treated sewerage or any process whereby sewerage is treated; f) Discharge, permit to enter or put anything other than storm water into a public drain; g) Discharge, permit to enter or put into any sewer or public drain any substance or thing likely to damage it or interfere with the free flow of sewerage or water therein; or h) Discharge, permit to enter or put into any natural water course into which storm water is drained or water from municipal service works is discharged, or from which water is taken for the purposes of any municipal service, any substance or thing likely to damage it, to interfere with the free flow of water therein or to contaminate or impair the quality of water therein.”

Section 181 considers the measures which may be taken by every council for maintaining its municipal area in a clean and sanitary condition and for preventing the occurrence of or for abating or causing to be abated any public nuisance. These measures may include legal proceedings.

According to Section 188 a council may, by special resolution, make bylaws, generally for the better carrying out of the objects and provisions of this ordinance, the maintenance of good rule and government and the convenience, safety and comfort of inhabitants of its municipal area with regards to waste management.

6.6.4 Municipal By-laws

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Waste Management By-laws at the local Municipalities in the Province are generally not implemented due to lack of resources. Tables will be supplied indicating which authorities have developed waste specific by-laws.

Table 41: The status of waste related municipal bylaws in the Province

(TABLE TO BE UPDATED) District Local Municipal By-laws in Status of by-laws municipality Municipality place (Y/N) No Information Mbashe received No Information Mnquma received No Information Great Kei received Amathole Amahlati Y District No Information Buffalo City Municipality received No Information Nqushwa received No Information Nkonkobe received No Information Nxuba received Y Developed by DM’s and Camdeboo adapted to LM’s Y Not enforced. Developed by Blue Crane Route DM’s and adapted to LM’s Y Developed by DM’s and Ikwezi adapted to LM’s Y Developed by DM’s and Makana adapted to LM’s Cacadu Y Not enforced. Developed by District Ndlambe DM’s and adapted to LM’s Municipality Y Developed by DM’s and Sundays River Valley adapted to LM’s Y Developed by DM’s and Baviaans adapted to LM’s Y Developed by DM’s and Kouga adapted to LM’s Y Developed by DM’s and Kou-Kamma adapted to LM’s N No waste related by-laws in Inxuba Yethemba place. N No waste related by-laws in Tsolwana place. Y Waste By-laws have been Inkwanca Chris Hani drafted District Lukhanji Y Outdated and needs review. Municipality Intsika Yethu Y Emalahleni N N DM by-laws in place but not Engcobo implemented. Sakhisizwe N Ukhahlamba No information Elundini District received

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District Local Municipal By-laws in Status of by-laws municipality Municipality place (Y/N) Municipality No information Senqu received No information Maletswai received No information Gariep received No information Mbizana received No information Ntabankulu received No information Quakeni OR Tambo received District No information Port St Johns Municipality received Nyandeni Y Newly promulgated, Aug 2009 No information Mhontlo received No information King Sabata Dalinyebo received Alfred Nzo Matatiele N District Y Municipality Umzimvubu Nelson Mandela Metropolitan N/A Y Review of By-laws underway Municipality

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7 CONCLUSIONS

TO BE EXPANDED ON

The NEMWA states that IWMPs must, amongst other things: • set out priorities and objectives of the Department in respect of waste management • establish targets for the collection, minimisation, re-use and recycling of waste • indicate the financial resources that are required to give effect to the plan

To achieve this, the following broad approach is proposed: • Needs analysis. The key waste related issues as identified in the IWMP’s and noted in the questionnaires completed by local municipalities have been summarised in the previous section. These will be developed further in the subsequent management plans, and prioritised. • Identification of priority objectives. Using the needs analysis, the main strategic objectives of the plan will be defined. • Establish broad targets. Targets will be considered for the province, including targets for collection, minimisation, re-use and recycling of waste • Implementation plan. Following on from the above, an implementation plan will be compiled which will specify actions, responsible parties, timeframes and recommended budgets. Separate plans will be drafted for general waste and hazardous waste.

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8 REFERENCES

DEAT, 2000. White Paper on Integrated Pollution and Waste Management for South Africa. Department of Environmental Affairs and Tourism, Government Notice No. 227, Gazette No. 20978, 17 March 2000.

DEAT, 2006. South African Environmental Outlook. A report on the state of the environment. Department of Environmental Affairs and Tourism, Pretoria.

DEAT, 2007. Assessment of the Status of Waste Service Delivery and Capacity at the Local Government Level. AUGUST 2007, DRAFT 3. Department of Environmental Affairs and Tourism: General Waste Management Directorate and Palmer Development Group.

DEAT, 2008 (25 Nov). The Capacity Audit and Needs Analysis Survey for Environmental Impact Administrators. Department of Enviromental Affairs and Tourism. Undertaken by Regenesys.

DEAT, 2009a. National Domestic Waste Collection Standards. Addressing Challenges within Waste Service Provision in South Africa. First draft, June 2009.

DEAT, 2009b. National Policy on Free basic Refuse Removal. Addressing Challenges within Waste Service Provision in South Africa. Final draft, August 2009.

DEAT, undated document. A Framework for the National Waste management Strategy. Draft version for Review. Department of Environmental Affairs and Tourism.

DEDEA, 2009. Eastern Cape Economic Development and Environmental Affairs Annual Performance Plan 2009/10 – 2011/12.

DWAF, 1998. Waste Management Series. Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste. Second Edition.

DWAF, 1998. Waste Management Series. Minimum Requirements for Waste Disposal by Landfill. Second Edition.

DWAF, 1998. Waste Management Series. Minimum Requirements for Water Monitoring at Waste management Facilities. Second Edition.

DWAF, 2005. Waste Management Series. Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste. Third Edition.

DEAT, 1999. National Waste Management Strategy. Version D, 15 October 1999.

Eastern Cape Provincial Growth Development Plan,2004-2014

Municipal Demarcation Baord, 2006. Assessment of Capacity for the 2005/2006 Period. District Municipality Report, Cacadu Municipality (DC10), Eastern Cape

Statistics South Africa, 2001. 2001 census

Statistics South Africa, 2007a. Community Survey: Municipal Data on Household Services. Report No. 03-01-22 (2007)

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Statistics South Africa, 2007b. Community Survey: Statistical Release Basic Results Municipalities.

Web reference 1: National Waste Management Strategy website (http://www.wastepolicy.co.za/nwms/)

Web reference 2: South African Waste Information Centre (http://www.sawic.org.za)

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