Chapter 13 Waste management

Chapter 13

Waste management

For the waste sector in South Africa this means care must be given to raw material use, product design, resource efficiency, waste prevention, and minimization where avoidance is impossible.

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Chapter 13

Contents

13.1 13.2

13.3

13.4

13.5

13.6 13.7 13.8 13.9 13.10

INTRODUCTION THE SOCIO-ECONOMIC CONTRIBUTION OF SOUTH AFRICA'S WASTE MANAGEMENT SYSTEM 13.2.1 Employment creation 13.2.2 Municipal revenue 13.2.3 Capital investment in the waste sector LEGAL MANDATES AND FUNCTIONAL RESPONSIBILITIES 13.3.1 Constitutional and legal framework 13.3.2 Roles and responsibilities 13.3.3 South Africa's international obligations DRIVERS OF AND PRESSURES ON WASTE GENERATION IN SOUTH AFRICA 13.4.1 Socio-economic drivers 13.4.2 Environmental drivers 13.4.3 Institutional drivers WASTE DISPOSAL AND TREATMENT IN SOUTH AFRICA 13.5.1 Waste management trends in South Africa 13.5.2 Hazardous waste PUBLIC AND PRIVATE SECTOR RESPONSE 13.6.1 National response PROVINCIAL AND LOCAL GOVERNMENT'S RESPONSE 13.7.1 Status of IWMPs in South Africa 13.7.2 Private sector response COMPLIANCE MONITORING AND ENFORCEMENT 13.8.1 Environmental Management Inspectorate CONCLUSION REFERENCES

13.1 INTRODUCTION

South Africa's commitment to sustainable development is aimed at balancing the broader economic and social challenges of a developing and unequal society while protecting environmental resources. For the waste sector in South Africa this means care must be given to raw material use, product design, resource efficiency, waste prevention, and minimization where avoidance is impossible.

However, economic development, a growing population and increasing rates of urbanization in South Africa have resulted in increased waste generation which requires establishing and implementing effective waste management policies and programmes. A number of issues continue to be challenges for effective waste management. These include ineffective data collection systems and lack of compliance and enforcement capacity, lack of education and awareness amongst stakeholders within the waste sector, operational costs for management of waste, support for waste reduction at local government level, availability of suitable land for waste disposal, lack of structured incentives for reduction, and recycling and/or reuse of waste (DEA 2009a). The official country problem statement according to the National Waste Management Strategy (NWMS) (DEA 2012a) lists the following as the major challenges faced by South Africa in the waste management arena:

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? A growing population and economy, which means increased volumes of waste generated. This puts pressure on waste management facilities which are already in short supply;

? Increased complexity of the waste stream due to urbanization and industrialization. The complexity of the waste stream directly affects the complexity of its management, which is compounded when hazardous waste mixes with general waste;

? A historical backlog of waste services for urban informal areas, tribal areas and rural formal areas. Although 61 per cent of all South African households had access to kerbside domestic waste collection services in 2007, this access remains highly skewed in favour of more affluent and urban communities. Inadequate waste services lead to unpleasant living conditions and a polluted, unhealthy environment;

? Limited understanding of the main waste flows and national waste balance because the submission of waste data is not obligatory, and where data is available, it is often unreliable and contradictory;

? A policy and regulatory environment that does not actively promote the waste management hierarchy. This has limited the economic potential of the waste management sector, which has an estimated turnover of approximately R10 billion per annum. Both waste collection and the recycling industry make meaningful contributions to job creation and GDP, and they can expand further;

? Absence of a recycling infrastructure which will enable separation of waste at source and diversion of waste streams to material recovery and buy-back facilities;

? Growing pressure on outdated waste management infrastructure, with declining levels of capital investment and maintenance;

? Waste management suffers from a pervasive underpricing, which means that the costs of waste management are not fully appreciated by consumers and industry, and waste disposal is preferred over other options;

? Few waste treatment options are available to manage waste and so they are more expensive than landfill costs; and,

? Too few adequate, compliant landfills and hazardous waste management facilities, which hinders the safe disposal of all waste streams. Although estimates put the number of waste handling facilities at more than 2000, significant numbers of these are unpermitted.

The definition of waste derived from NEM:WA states that: "Waste means any substance, whether or not that substance can be reduced, re-used, recycled or recovered: ? That is surplus, unwanted, rejected, discarded, abandoned

or disposed of ? Which the generator has no further use of for the purposes

of production ? That must be treated or disposed of

That is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, but (i) a by-product is not considered waste; and (ii) any portion of waste, once re-used, recycled or recovered, ceases to be waste''.

The management of waste in South Africa has been based on the principles of the waste management hierarchy (Figure 13.1) from early waste policy (DEAT 2000) and entrenched in recent waste legislation. The adoption of the hierarchy has been in the policy since 2009, but the management of waste has not necessarily followed the hierarchal approach. It is only as a result of the promulgation of the NEM:WA and finalization of the NWMS that the implementation of the hierarchy approach was prioritized. Management of waste through the hierarchal approach is a recognized international model for the prioritization of waste management options. It offers a holistic approach to the management of waste materials, and provides a systematic method for waste management during the waste lifecycle addressing in turn waste avoidance, reduction, re-use, recycling, recovery, treatment, and safe disposal as a last resort. This aims to eventually reduce the reliance of South Africa's waste disposal on landfills, as currently the majority of waste ends up therein.

South African waste legislation is influenced and informed by the key elements of the waste hierarchy, which dictates the overall strategic approach for waste management. The waste hierarchy is also clearly visible in the NWMS for South Africa (DEA 2012a).

Waste avoidance and reduction

Re-use

Recycling

Recovery

Treatment & disposal

Figure 13. 1: Waste management hierarchy as per the National Waste Management Strategy Source: DEA (2012a)

This approach towards waste management emphasizes the following key elements (DEA 2012a): ? Avoidance and Reduction: Products and materials must

be designed in a manner that minimizes their waste components or in a manner that reduces the natural material quantities used and potential toxicity of waste generated during the production, and after use; ? Re-use: Materials can be used for similar or different purposes without changing form or properties. This approach seeks to re-use a product when it reaches the end of its life span. In this way, it becomes input for new products and materials; ? Recycle: This involves separating materials from the waste stream and processing them as products or raw materials. The first elements of the waste management hierarchy are the foundation of the cradle-to-cradle waste management approach; ? Recovery: Reclaiming particular components or materials or using the waste as a fuel;

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? Treatment and disposal: This is a `last resort' within the waste hierarchy. Treatment refers to any process that is designed to minimize the environmental impact of waste by changing the physical properties of waste or separating out and destroying toxic components of waste. Disposal refers specifically to the depositing or burial of waste onto, or into land; and,

? Legal: Processing, treatment, and disposal of waste must take place in accordance with the principles of environmental justice and equitable access to environmental services as articulated in the NEMA.

In this chapter, an overview of the status of waste management in South Africa is presented, based on key drivers. Specific focus is placed on the waste management hierarchy within the context of South Africa's 2012 NWMS, and the NEM:WA. It is according to this waste management hierarchy that all waste management practices across the country are analysed.

The South African waste management policy framework is presented. Attention is drawn towards national and international legislation and how it has affected the decisions of waste management mandatory functions within the spheres government, particularly in the last decade. Attention is further given to the shift in policy and legislative direction since the promulgation of the NEM:WA, the adoption of the NWMS and various waste management policies and regulations.

The roles and responsibilities of government institutions and the legislative mandates of key spheres of government are presented, including a presentation of the Government's performance management system, specifically Outcome 10 in relation to waste management, and international waste obligations. A view on key responsibilities in the provision of waste management services across the spectrum is presented. Challenges and opportunities regarding the management of waste are highlighted.

An analysis of the different waste classes is given. For general waste, generation trends for the following waste types are covered: municipal waste, construction and demolition, waste tyres and industrial packaging. For hazardous waste focus is given to health care risk waste, pesticides, electronic waste (e-waste), metallurgical waste and other hazardous waste streams, such as batteries, fluorescent light bulbs and nuclear waste.

Finally, the country's response to waste management challenges is presented. Specifically, focus is given to developments around national policy and legislation, waste treatment, recycling and disposal. Compliance monitoring and enforcement structures are analysed with regard to established legislated arrangements that include the designation of an Environmental Management Inspectorate and Waste Management Officers (WMOs). Key emerging issues are identified and discussed.

13.2 THE SOCIO-ECONOMIC CONTRIBUTION OF SOUTH AFRICA'S WASTE MANAGEMENT SYSTEM

South Africa has strived towards an improved, equitable and sustainable waste management regime. With good legislation in place, clarity in functional roles and responsibilities, international lessons and commitments, the South African approach demonstrates the country's commitment towards an efficient world-class system for waste management. However, South Africa does not have sufficient technical capacity and human capital in waste management field.

A number of opportunities for continuous improvement exist within the enabling legal framework and institutional arrangements on waste management. Emphasis for future improvements is placed on key system elements that can trigger higher efficiency in the waste service sector. These include: ? Service level agreements and contracting of services

amongst key role players in government. In instances where spheres of government (e.g. district and local municipalities) share responsibilities, a clear contracting framework is required. This contractual arrangement must ensure that a single authority remains politically and administratively accountable for the service; ? A new emphasis on regionalization means better efficiency and transparency of service. This will ensure that resource mobilization is maximized. An obstacle to regionalization is funding of services; according to the Municipal Systems Act, when two local municipalities perform the same function, that same function becomes elevated to the district and Municipal Infrastructure Grant funds are no longer allocated to the districts. As a result, funding of such functions by the districts poses a challenge; and, ? A system where all revenue collected from waste management service provision is ring-fenced towards improving the same service is desirable within government institutions. Such a system for South Africa will result in improved financial management, re-investment into waste facilities and infrastructure, improved financial accountability and fair waste management service delivery.

South Africa remains at the forefront of environmental protection amongst developing countries and is committed to implementing a world class system that will improve waste management in the country.

13.2.1 Employment creation

Despite South Africa's positive economic trajectory, unemployment remains rife amongst skilled and unskilled people. This has led to government encouraging all sectors to quantify potential employment opportunities that can be created whilst rendering services. Given the nature of the waste sector, there are hidden opportunities that need to be unlocked, in order for this sector to contribute significantly to job creation.

While no accurate data exists on the contribution of the waste management sector to the South African economy, a

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conservative assessment can be made based on the investment by government and the private sector in the delivery of waste services. An approximation is that about 70 per cent of solid waste expenditure is through the public sector, largely local government, while 30 per cent is private sector expenditure (StatsSA 2007). Figure 13.2 provides an estimate employment creation of 113,505 by the total waste sector.

The National Treasury has identified municipal solid waste management as one of the areas of municipal functioning with the greatest potential for job creation, particularly with

respect to unskilled or semi-skilled labour (National Treasury 2008). Within the waste management sector in general, labour intensive waste recycling activities have great potential to create new employment opportunities, followed by the public and private sector respectively (Figure 13.2). Therefore current efforts by government to encourage recycling can be intensified. Table 13.1 provides the employment trends in waste management departments in municipalities between the 2005 and 2006 financial years.

Public, 20,500

Private, 9,000

Recycling, 84,000

Figure 13. 2: Waste sector employment estimates Source: DEA (2009b)

Table 13. 1: Employment within municipal waste management departments

Category

2005

Total positions

Positions filled

Positions vacant

Metros

11,073

9,454

14.6

Category B and C

13,514

12,106

10.4

TOTAL Source: National Treasury (2008)

24,587

21,560

12.0

Total positions

10,491

13,439

23,930

2006 Positions

filled 8,708

11,797

20,505

Positions vacant 17.0

12.2

14.0

Within the public sector waste management, municipalities are generally expected to have created increasing employment opportunities. This expectation is mainly due to the mandatory legislative responsibility to provide for cleansing, general waste collection and disposal. However, there appears to be a decline in the number of available employment opportunities (posts) in refuse removal services within waste departments in municipalities. Some arguments suggest that it is because of increasing salary costs of employing qualified personnel at local government level. In instances where such employment opportunities exist, there are a sizeable number of vacancies in municipalities (12 to 14 per cent). Metropolitan municipalities have experienced the highest vacancy rates at 15 to 17 per cent (National Treasury 2008).

13.2.2 Municipal revenue

The waste management service function within municipalities contributes significantly towards municipal revenue due to the user-pays principle applied for waste management. Of the total annual income received by municipalities in 2007 and 2008 (Table 13.2), income from waste (refuse and sanitation) accounted for seven per cent and 6.5 per cent respectively (StatsSA 2009).

According to StatsSA's non-financial census of municipalities, there has been an eight per cent increase in revenue collected from refuse removal charges in South African municipalities between 2007 and 2008 (StatsSA 2009).

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Table 13. 2: Financial census of municipalities

Income

2007

2008

R million

Contribution

R million Contribution

Refuse removal charges

3,225

2.9

3,476

2.7

Sewerage and sanitation charges

4,474

4.1

4,875

3.8

Property rates received

18,331

16.6

20,956

16.4

Grants and subsidies received

29,244

26.6

35,535

27.8

Water sales

11,595

10.5

12,562

9.8

Electricity and gas sales

25,589

23.2

27,880

21.8

Other income

17,666

16.0

22,347

17.5

TOTAL Source: StatsSA (2009)

110,123

100.0

127,630

100.0

13.2.3 Capital investment in the waste sector

Capital investment into the waste sector is important in order to enhance and sustain waste services. For now, there are no full-cost accounting measures in place to justify investment in the input costs of the waste services, e.g. the return on investment, the quality improvement of the service, or the accuracy of what the service actually costs.

Table 13.3 provides estimations of the capital investment required to support landfilling of waste. It can be seen that licenced landfill sites in average cost R50 million, licencing un-licenced landfill sites around R20 million, and hazardous waste disposal sites around R200 million.

Table 13. 3: Estimates of capital investment in the waste sector Indicator

Value

Estimated value of licenced landfill sites

500 sites @ R50 million/site

Estimated cost of licencenced un-licencenced landfill sites

Estimated value of hazardous waste disposal sites Source: Adapted from Goldblatt (2009)

1,500 sites @ R20 million/site 30 sites @ R200 million/site

Table 13.4 provides estimates of capital investments made in support of improved waste management services in selected municipalities between 2005 and 2009. Available data on the capital costs associated with landfills and vehicles suggests that these costs vary significantly from municipality to

municipality, and are strongly influenced by contextual local factors. Generating average cost therefore proves difficult (Goldblatt 2009).

Table 13. 4: Cost estimates for capital investments in solid waste

Type of capital investment

Municipality

New landfill (to replace three existing landfills) Investigate and develop new general landfill New landfill

City of Cape Town (metro)

Emfuleni LM (Category B1 municipality) Mbombela LM (Category B1 municipality)

Estimated cost/ budget (R)

433,000,000

Year 2008/09

895,000 732,462

2006/07 2005/06

Compactor truck

Umhlathuze (Category B1 municipality)

1,400,000 2006/07

Compactor truck Source: Goldblatt (2009)

Thaba Chweu Municipality (Category B3 municipality)

760,000 2006/07

13.3 LEGAL MANDATES AND FUNCTIONAL RESPONSIBILITIES

13.3.1 Constitutional and legal framework

South Africa's legal framework on waste management is one of the most progressive on the continent. There is a clear division of roles, responsibilities, and mandatory obligations

for the three spheres of government. This legislative alignment between various spheres of government governing waste, demonstrates the country's ambition towards a clean environment and healthy society.

According to Section 24 of the Constitution (RSA 1996), everyone has the right to an environment that is not harmful to health or well-being. This fundamental right underpins all environmental policies and legislations, in particular the

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framework environmental legislation established by the NEMA.

The NEM:WA places considerable emphasis on the development of an integrated waste planning system, through the development of integrated waste management plans (IWMPs) by all spheres of government, and identified industries must develop industry waste management.

13.3.2 Roles and responsibilities

13.3.2.1 National government

All spheres of government are legally responsible for waste management in the country. The NEM:WA specifies various mandatory and discretionary provisions that the DEA must address. In terms of mandatory provisions, the DEA is responsible for: ? Establishing the NWMS; ? Setting national norms and standards; ? Establishing and maintaining a National Contaminated

Land Register; ? Establishing and maintaining a National Waste Information

System; and, ? Preparing and implementing a National IWMP.

The Minister of the DEA is the licencing authority for hazardous waste activities. The DEA must promote and ensure the implementation of the NWMS and national norms and standards.

The specific roles of all the spheres of government are clearly outlined in the 2011 Municipal Waste Sector Plan. The DEA is the lead agent for waste management-related functions including: ? Development of policy, strategy and legislation; ? Co-ordination; ? Enforcement; ? Dissemination of information; ? Participation in appeals (against government decisions,

authorizations, etc.); ? Monitoring, auditing and review; and, ? Capacity building.

Other national departments with some waste-related responsibilities include: ? DWS being responsible for the protection of the water

resources also from the effects of waste management practices; ? The DMR being responsible for the management of `residue stockpiles' i.e. mining waste; ? Department of Health sets regulations and guidelines for medical waste and treatment facilities; ? DAFF develops the necessary guidelines for all agricultural waste; ? DoE has an interest in waste as alternative energy and Clean Development Mechanisms; and, ? Department of Co-operative Governance and Traditional Affairs (COGTA) are responsible for municipal service delivery and addressing service backlogs.

13.3.2.2 Provincial government

Specific functions to be carried out by provincial government include: ? Development of provincial environmental implementation

plans; ? Reviewing the first-generation IWMPs received from the

municipalities and where necessary, assisting with the drafting of these; ? Monitor compliance with provincial implementation plans and intervene if necessary; ? Develop provincial guidelines and standards; ? Develop and enforce provincial regulations for general waste collection, and supporting local government in the implementation of waste collection services; ? Act on environmental hazards as required; ? Ensure that all industries have access to appropriate waste disposal facilities; ? Quality assurance of the Waste Information System; ? Implementing and enforcing waste minimization and recycling initiatives, and in particular, promoting the development of voluntary partnerships with industry; ? Registration and certification of hazardous waste transporters, the waste manifest system and the establishment and control of hazardous waste collection facilities; and, ? Supporting the DEA in planning for a system of medical waste treatment facilities, and investigating the feasibility of centralized (regional) waste treatment facilities.

Provinces are also, in terms of the Constitution (Section 155 (6)), required to provide for the monitoring and support of local government in the province and promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs. In terms of the Presidential Delivery Agreement (COGTA 2010), provinces are responsible for the allocation of more and appropriate resources towards the local government function to improve spending and outcomes in municipalities. Alignment and resource commitments of provincial departments must be included in IDPs. Provinces are further also required to improve support and oversight of municipalities.

The management of radioactive waste produced in South Africa is covered in the DoE's 2005 radioactive waste management policy and strategy for South Africa. It requires the DOE, as the government's lead agent for nuclear matters, to consult with other government departments and regulatory bodies to develop and maintain a national action plan. Whilst the Nuclear Energy Act (No 46 of 1999) is the leading legislation with regard to the governance of radioactive waste it is recognized that waste containing unconcentrated naturally occurring radioactive materials from the mining industry, minerals processing industries and the combustion of coal will also be managed as set out in the Integrated Pollution and Waste Management policy of the DEA and other relevant legislation i.e. Nuclear Energy Act, National Nuclear Regulator Act, Hazardous Substances Act (No 15 of 1973), Mine Health and Safety Act (No 29 of 1996), Mineral and Petroleum Resources Development Act, National Water Act, and Dumping at Sea Control Act (No 73 of 1980).

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The Constitution assigns the responsibility for refuse removal, refuse dumps and solid waste disposal to local government. Municipalities (district and local) are called to function using the principles of corporative governance to avoid conflict between overlapping functions in order to achieve better results (CSIR 2011). According to the CSIR report on municipal waste management, good practices, the roles of district and local municipalities in waste management are presented in the following sections.

13.3.2.3 District municipalities

? Ensuring integrated development planning for the district as a whole. This includes the development of a framework for IDPs and ensuring that IWMPs inform the IDP process;

? Promoting bulk infrastructure development and services for the district as a whole. The infrastructure refer to the establishment of regional waste disposal sites and bulk waste transfer stations that can be used by more than one local municipality within the district;

? Building local municipality capacity. Where a local municipality fails to perform its management functions, the district municipality can enter into a Service Level Agreement with the local municipality to provide the service for a stipulated period until such time that the local municipality can offer the service; and,

? Promoting the equitable distribution of resources between the local municipalities in its area, for example, ensuring that resources are deployed in municipalities within their area of jurisdiction, where it is most needed.

13.3.2.4 Local municipalities

? Compiling and implementing IWMPs and integrating these into IDPs;

? Running public awareness campaigns; ? Collecting data and reporting to the Waste Information

System; ? Providing waste management services, including waste

removal, waste storage and waste disposal services, in line with national norms and standards. Municipality specific standards for separation, compacting and storage of solid waste that is collected as part of the municipal service, may be set and enforced by the municipality; and, ? Implementing and enforcing waste minimization and recycling (including the encouraging of voluntary partnerships with industry and waste minimization clubs).

The success of waste management services depends on issues other than where the function is housed within the municipality: ? Political stability and support; ? A functional integrated planning process; ? Rigorous financial management and procurement; ? Senior managers and councillors with a good

understanding of waste management issues; ? Competent and dedicated waste managers implementing

innovative schemes including reward schemes; and, ? A dedicated and motivated workforce.

It is important to have a dedicated section dealing with waste management issues irrespective of where in the municipality the waste management function resides.

13.3.3 South Africa's international obligations

South Africa recognizes the importance of international co-operation in dealing with complex waste management issues, particularly as it applies to highly dangerous materials and internationally prioritized waste streams. As such, the country is party to various international agreements related to chemicals and waste, non-binding conventions and protocols relevant to chemicals and waste including: ? The Basel Convention, 1992, dealing with the controlling

the trans boundary movement of hazardous waste; ? The Montreal Protocol, 1989, which focuses on phasing

out ozone depleting substances (many of which can be classified as waste); ? The Rotterdam Convention, 1998, which provides for prior informed consent regarding the importation of hazardous chemicals; ? The international community through the International Atomic Energy Agency has developed a comprehensive set of principles for the safe management of radioactive waste; ? The UNFCCC, which deals with greenhouse gas emissions; and, ? The Stockholm Convention, 2004, on persistent organic pollutants.

Since the NWMS does not cover chemical waste South African government must give effect to the relevant provisions of these conventions.

13.4 DRIVERS OF AND PRESSURES ON WASTE GENERATION IN SOUTH AFRICA

Waste generation globally by societies is viewed as a manifestation of the inefficient use of resources, and is the root cause of pollution and the associated environmental degradation. In essence, increased waste generation is an unavoidable consequence of economic development. The effective global management of waste is thus vital in order to conserve resources and protect the environment. The main drivers of waste generation are essentially expanding economies, increased goods production and expanding populations (DEA 2012a).

As a developing economy, this is equally true for South Africa. There are numerous challenges faced by South Africa that impact on the efficient and proper management of wastes. The key drivers that steer the direction of waste management legislations and policies in South Africa are listed in the NWMS as below. They are separated into three categories namely socio-economic-, environmental- and institutional drivers.

13.4.1 Socio-economic drivers

? A growing population and economy, which means increased volumes of waste generated. This puts pressure on waste management facilities, which are already in short supply;

? Increased complexity of waste streams because of urbanization and industrialization;

? A historical backlog of waste services for, especially, urban informal areas, tribal areas and rural formal areas. Although 61 per cent of all South African households had access to kerbside domestic waste collection services

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