Gazette and Newsflash 06 November – 15 November 2024

ENVIRONMENTAL

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT

GUIDELINE AND TOOLKIT FOR DETERMINATION OF EXTENDED PRODUCER RESPONSIBILITY FEES

The document is a comprehensive guideline and toolkit for determining Extended Producer Responsibility (EPR) fees in South Africa. EPR is an environmental policy where producers are responsible for the entire lifecycle of their products, including post-consumer disposal. The document aims to guide Producer Responsibility Organisations (PROs) and producers in implementing EPR schemes and calculating EPR fees based on the criteria in regulation 7 of the EPR Regulations, 2020.

KEY POINTS – METHODS OF DETERMINING EPR FEES:

Flat Fee Approach:

• Uniform rate applied to identified products.
• Typically used in developing EPR sectors.
• Simple and predictable but lacks incentives for eco-design.

Modulated Fee Approach:

• Fees vary based on product design, ease of reuse, repair, and recycling.
• Applied in well-established EPR sectors.
• Encourages sustainable product design but requires accurate reporting.

Eco-Modulated Fee Approach:

• Fees vary based on the environmental impact of products.
• Rewards environmentally friendly designs and penalizes harmful materials.
• Applied in well-established EPR sectors.
• Complex to implement but promotes high recycling rates.

Product Take-Back Scheme Approach:

• Manufacturers and retailers reclaim products at the post-consumer stage.
• Implemented as deposit refund or product return schemes.
• Common in the beverage industry.

CALCULATION OF EPR FEES:

• EPR fees are established through net cost recovery, involving a differentiated rate for identified products.
• The calculation formulae vary according to the fee determination methods and consider criteria specified in regulation 7 of the EPR Regulations.

Conditions for Fee Adjustments:

No Adjustment:

• Applied when there are economies of scale and waste management efficiency improvements.
• Simple but may not account for market changes.

Annual Inflationary Adjustment:

• Tied to Consumer Price Inflation (CPI).
• Ensures fees remain aligned with cost escalation over time.

Three and/or Five-Year Adjustment:

• Fees revised every three or five years.
• Reduces administrative burden and provides price certainty.

EPR Fee Determination Toolkit also houses Examples of International Best Practices:

• Germany: Packaging Act requires registration on a public platform for transparency.
• Japan: Packaging Recycling Act reduces fees for well-sorted packaging waste.
• China: E-waste disposal fund scheme supports certified recyclers.
• France: Eco-modulated system for EEE with bonuses and penalties based on recyclability.
• UK: BatteryBack scheme for portable batteries with low compliance costs.
• Canada: CleanFARMS program for pesticide collection and recycling.
• South Africa: ROSE foundation for used oil collection and recycling.

APPLIES TO:

The document applies to Producers: being Companies that manufacture, import, or sell products covered by the EPR Regulations, who are, inter alia, responsible for determining and paying EPR fees for the products they place on the market.

In this regard as per the Regulations certain Producer Responsibility Organisations (PROs) must be established to manage EPR schemes on behalf of producers and who will be responsible for collecting EPR fees from their members and ensuring compliance with the EPR Regulations.

The Department of Forestry, Fisheries and the Environment (DFFE): is responsible for overseeing the implementation and compliance of EPR schemes., including the approval of EPR fee proposals and the monitoring of the performance of EPR schemes.

Retailers and Distributors: being Entities involved in the sale and distribution of products covered by the EPR Regulations may participate in take-back schemes and other EPR-related activities.

Consumers: are Indirectly affected as they may bear the cost of EPR fees passed on by producers. They are encouraged to participate in recycling and take-back schemes.

The document aims to provide guidance to these groups on how to implement EPR schemes, determine EPR fees, and ensure compliance with the EPR Regulations to promote sustainable waste management practices in South Africa.

This amendment aims to amend the National norms and standards for the assessment of waste for landfill disposal (Government Gazette No. 36784)GNR.635 of 23 August 2013.

WHAT DOES THIS DOCUMENT PROVIDE FOR:

The document outlines the national norms and standards for the assessment of waste for landfill disposal in South Africa, as set by the Minister of Water and Environmental Affairs.

Purpose and Application: The norms and standards prescribe requirements for assessing waste before landfill disposal, as per the National Environmental Management: Waste Act, 2008.

Assessment Methodology:

• Identification of chemical substances in the waste.
• Sampling and analysis to determine Total Concentrations (TC) and Leachable Concentrations (LC) of elements and chemicals.
• Comparison of TC and LC values with specified threshold limits (TCT and LCT) to classify waste types.

Analysis Requirements:

• TC analysis must be reliable, accurate, and repeatable.
• LC analysis must use the Australian Standard Leaching Procedure.
• Existing LC results from previous standards may be used for up to three years.

Threshold Limits:

• TCT and LCT limits are provided for various elements and chemical substances.
• Waste is classified into types (Type 0 to Type 4) based on TC and LC values relative to these limits.

Waste Classification:

• Type 0: TC > TCT2 or LC > LCT3.
• Type 1: TCT1 < TC ≤ TCT2 or LCT2 < LC ≤ LCT3.
• Type 2: TC ≤ TCT1 and LCT1 < LC ≤ LCT2.
• Type 3: TC ≤ TCT1 and LCT0 < LC ≤ LCT1.
• Type 4: TC and LC below TCT0 and LCT0 limits, with additional specific limits for organics and pesticides.

Special Provisions:

If a chemical substance is not listed, the waste is considered Type 1.

Wastes with LC below LCT0 are considered Type 3, provided they meet additional criteria for stability and disposal conditions.

The document ensures that waste is properly assessed and classified to minimize environmental impact when disposed of in landfills.

The document applies to all entities involved in the generation, handling, and disposal of waste in South Africa. This includes waste producers, waste management companies, and landfill operators. It sets the standards and requirements they must follow to assess waste before it is disposed of in landfills, ensuring compliance with the National Environmental Management: Waste Act, 2008.

AND WHAT ARE THE AMENDMENTS TO THE NORMS AND STANDARDS:

Amendment of paragraph 3:

 Insertion of a new subparagraph 3(1)(c): “sampling and analysis must be done in accordance with the Guideline for Sampling and Analysis of Wastewaters, Soils and Wastes which can be accessed on http://sawic@environment.gov.za/.”

Amendment of paragraph 7:

Substitution of subparagraph (6) with the following:

“Notwithstanding section 7(2) of these Norms and Standards, waste with all elements or chemical substance leachable concentration levels for metal ions and inorganic anions below or equal to the LCTO limits are considered to be Type 4 waste, irrespective of the total concentration of elements or chemical substances in the waste, provided that-“.

TO VIEW FULL DOCUMENT

006 No. R. 635 23 August 2013

NATIONAL NORMS AND STANDARDS FOR THE ASSESSMENT OF WASTE FOR LANDFILL DISPOSAL

This document amends the National norms and standards for disposal of waste to landfill GNR.636 of 23 August 2013: as follows:

WHAT DOES THE DOCUMENT PROVIDE FOR:

The National Norms And Standards For Disposal Of Waste To Landfill – GNR.636 of 23 August 2013: outlines the regulations and standards for the disposal of waste to landfills in South Africa.

The document ensures that waste disposal practices minimize environmental impact and protect public health by setting stringent standards for landfill design and waste management.

AND WHAT ARE THE AMENDMENTS

The amendments outlined in this amendment document include:

• Definitions: Introduces of the term “GHS” referring to the Globally Harmonised System of Classification and Labelling of Chemicals.
• Engineering Design Requirements: Provides updated specifications for containment barriers for different classes of landfills (Class A, B, C, and D), including materials and thicknesses for layers such as geomembranes, clay liners, and protection layers.
• Seepage and Leakage Rates: Amends the calculation of acceptable leakage rates, including considerations for volatile organic compounds (VOCs).
• Guideline Access: provides an additional guideline for pollution control barrier system design
• Landfill Disposal Requirements: sets out specific requirements for the disposal of various types of waste at different classes of landfills, including domestic waste, business waste, post-consumer packaging, waste tyres, building and demolition waste, and hazardous waste.
• Prohibited or Restricted Waste: Provides immediate and phased compliance timeframes for the prohibition or restriction of certain types of waste, such as explosive, corrosive, oxidizing waste, compressed gases, liquid waste, hazardous waste with high calorific value, mercury-containing waste, and co-disposal of specific waste types.

See revised norms and standards

No. R. 636 23 August 2013

NATIONAL NORMS AND STANDARDS FOR DISPOSAL OF WASTE TO LANDFILL

The Waste Classification and Management Regulations (GNR.634 of 23 August 2013) regulates waste classification and management and to this end establishes procedures for listing waste management activities that do not require a license; prescribes requirements for waste disposal to landfill and management duties for waste generators, transporters, and managers, which norms and standards applies uniformly across South Africa, BUT excludes where domestic waste is collected by municipalities.

The Waste Classification and Management Regulations (GNR.634 of 23 August 2013) outline the following key points:

Purpose and Application:

• Regulate waste classification and management to support the National Environmental Management: Waste Act, 2008.
• Establish procedures for listing waste management activities that do not require a license.
• Prescribe requirements for waste disposal to landfill and management duties for waste generators, transporters, and managers.
• Apply uniformly across South Africa, excluding domestic waste collected by municipalities.

Waste Classification:

• Waste must be classified according to SANS 10234 within 180 days of generation.
• Re-classification is required every five years or upon changes in the waste generation process.
• Safety data sheets must be prepared for hazardous waste.

Waste Management:

• Waste must not be accepted, mixed, or treated improperly.
• Waste must be re-used, recycled, treated, or disposed of within 18 months of generation.
• Specific labeling and record-keeping requirements for waste containers.

Waste Disposal to Landfill:

• Waste must be assessed and disposed of according to established norms and standards.
• Certain wastes are exempt from classification and assessment requirements.

Waste Management Activities Without a License:

• Procedures for motivating the listing of activities that do not require a waste management license.
• Detailed information requirements for such motivations.

Record Keeping and Waste Manifest System:

• Waste generators must keep accurate records of waste management.
• A waste manifest system is required for hazardous waste, detailing information from the generator, transporter, and manager.

General Matters:

• Transitional provisions for re-classifying and assessing waste.
• Offences and penalties for non-compliance, including fines and imprisonment.

Annexures:

• Lists of wastes that do not require classification or assessment.
• Information requirements for the waste manifest system.

WHICH HAS BEEN AMENDED AS FOLLOWS:

The new refined regulations include the following amendments:

1. Definitions:

• “Emergency” is now defined as “emergency situation” per section 30A(7) of the National Environmental Management Act, 1998.
• New definitions added for “facility,” “GHS,” “health care risk waste,” “incident,” “landfill,” “SAWIS,” and “safety data sheet.”
• The definition of “waste classification” has been updated.
• Definitions for ‘SANS 10234’ and ‘waste management facility’ have been deleted.

Purpose of the Regulations:

The purpose now includes regulating the classification and management of waste, prescribing requirements for landfill disposal, management timeframes for certain wastes, and general duties of waste generators, transporters, and managers.

Waste Classification:

• Waste listed in Annexure 1 does not require classification.
• All other waste must be classified according to GHS within 180 days of generation.
• Waste must be reclassified every five years or within 60 days of any process modification or change in raw materials.
• Treated waste must also be classified.

Safety Data Sheets:

• Generators of hazardous waste must prepare safety data sheets in accordance with GHS.
• Exceptions apply to certain wastes listed in Annexure 1, with specific preparation guidelines.

Waste Management:

• Waste must be reused, recycled, recovered, treated, or disposed of within 18 months of generation.
• Blending or treatment of waste is allowed to reduce potential risks or negative impacts.

Offences and Penalties: 

• Offences include non-compliance with the regulations.
• Penalties for offences can include fines up to R5 million or imprisonment up to 5 years for first convictions, and fines up to R10 million or imprisonment up to 10 years for subsequent convictions.
• Lesser offences can result in fines up to R1 million or imprisonment up to 1 year.

Annexure 1 Amendments:

Waste packaging not containing hazardous waste or chemicals and expired, spoilt, or unusable consumer products are specified.

Waste products like waste oil, mercury-containing waste, asbestos waste, PCB waste, and expired hazardous products are detailed.

• Regulations: Extended Producer Responsibility: Amendments: Comments invited.

• Regulations: Extended producer responsibility: Amendments

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