National Environmental Management: Waste Act, 2008: National norms and standards for the assessment of waste landfill disposal (GN. 635 of 2013)

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO.59 OF 2008) NATIONAL NORMS AND STANDARDS FOR THE ASSESSMENT OF WASTE FOR LANDFILL DISPOSAL I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby set national norms and standards for the assessment of waste for landfill disposal, under section 7(1)(c) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), in the Schedule hereto. gki BOMO EDITH EDNA MOLEWA MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS 22 No. 36784 GOVERNMENT GAZETTE, 23 AUGUST 2013 This gazette is also available free online at www.gpwonline.co.za No. R. 635 23 August 2013 SCHEDULE TABLE OF CONTENTS CHAPTER 1 INTEPRETATION AND PURPOSE 1 Definitions 2. Purpose and Application CHAPTER 2 STANDARD ASSESSMENT METHODOLOGY 3. Approach 4. Total Concentration (TC) Analysis 5. Leachable Concentration (LC) Analysis 6. LCT and TCT Limits 7. Determining Waste Types for Landfill Disposal STAATSKOERANT, 23 AUGUSTUS 2013 No. 36784 23 This gazette is also available free online at www.gpwonline.co.za CHAPTER 1 INTERPRETATION AND PURPOSE Definitions 1. In these National Norms and Standards, any word or expression to which a meaning has been assigned in the Act has that same meaning, and unless the context indicates otherwise "Leachable Concentration (LC)" means the leachable concentration of a particular element or chemical substance in a waste, expressed as mg/I; "Leachable Concentration Threshold (LCT)" means the leachable concentration threshold limit for particular elements and chemical substances in a waste, expressed as mg /I, prescribed in section 6 of these Norms and Standards; "putrescible waste" means waste that contains organic matter capable of being decomposed by microorganisms, or that will readily decay under normal conditions, giving rise to offensive odours, or which is capable of providing food for birds and animals, thereby attracting vermin or disease-causing vectors such as flies and rodents; "Total Concentration (TC)" means the total concentration of a particular element or chemical substance in a waste, expressed as mg/kg; "Total Concentration Threshold (TCT)" means the total concentration threshold limit for particular elements or chemical substances in a waste, expressed as mg/kg, prescribed in section 6 of these Norms and Standards; "the Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008); "the Regulations" means the Waste Classification and Management Regulations, 2013. 24 No. 36784 GOVERNMENT GAZETTE, 23 AUGUST 2013 This gazette is also available free online at www.gpwonline.co.za Purpose and Application 2. These Norms and Standards prescribe the requirements for the assessment of waste prior to disposal to landfill in terms of Regulation 8(1)(a) of the Regulations. CHAPTER 2 STANDARD ASSESSMENT METHODOLOGY Approach 3. (1) To assess waste for the purpose of disposal to landfill, the following are required (a) identification of chemical substances present in the waste; and (b) sampling and analysis to determine the total concentrations (TC) and leachable concentrations (LC) of the elements and chemical substances that have been identified in the waste and that are specified in section 6 of these Norms and Standards. (2) Within three (3) years of the date of commencement of the Regulations, all analyses of the TC and LC of elements and chemical substances in waste must be conducted by laboratories accredited by the South African National Accreditation System (SANAS) to conduct the particular techniques and analysis methods required. (3) The TC and LC limits of the chemical substances in the waste must be compared to the threshold limits specified in section 6 of these Norms and Standards for total concentrations (TCT limits) and leachable concentrations (LCT limits) of specific elements and chemical substances. (4) Based on the TC and LC limits of the elements and chemical substances in the waste exceeding the corresponding TCT and LCT limits respectively, the specific type of waste for disposal to landfill must be determined in terms of section 7 of these Norms and Standards. STAATSKOERANT, 23 AUGUSTUS 2013 No. 36784 25 This gazette is also available free online at www.gpwonline.co.za Total Concentration (TC) Analysis 4. (1) The TC of all the elements and chemical substances specified in section 6 of these Norms and Standards that are known to occur, likely to occur or can reasonably be expected to occur in the waste must be determined. (2) The TC of elements and chemical substances in waste must be determined using techniques and analysis methods that will provide reliable, accurate and repeatable results of the TC of elements and chemical substances specified in section 6 of these Norms and Standards. Leachable Concentration (LC) Analysis 5. (1) The LC of elements and chemical substances must be determined using the Australian Standard Leaching Procedure (AS 4439.1, 4439.2 and 4439.3). (2) The type of leaching fluid (section 5.2 and 5.3 of AS 4439.3) used in the leaching procedure must be selected as follows (a) Waste to be disposed of with, or waste that contains, putrescible wastes: Use 0.1M acetic acid solution with altered pH 5.0 or pH 2.9 determined as per section 7.5(a-e) of AS 4439.3; (b) Waste to be disposed of with non-putrescible waste: Use a basic 0.1M sodium tetraborate decahydrate solution of pH 9.2 ±0.1, as well as an acetic acid solution with pH 5.0 or pH 2.9) determined as per section 7.5(a-e) of AS 4439.3; or (c) Non-putrescible waste to be disposed of without any other wastes: Use reagent water. (3) Existing LC results for elements and chemical substances in wastes, which have been determined in terms of the Toxicity Characteristic Leaching Procedure (TCLP) leach test criteria of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nd Edition, 1998; Department of Water Affairs and Forestry) prior to the Regulations taking effect, may be utilised for comparison with the LCT limits in section 6 of these Norms and Standards to asses waste for the purpose of 26 No. 36784 GOVERNMENT GAZETTE, 23 AUGUST 2013 This gazette is also available free online at www.gpwonline.co.za disposal of the waste to landfill, for a period not exceeding three (3) years from the date of publication of this Notice. LCT and TCT Limits 6. (1) Total Concentration Threshold (TCT) Limits (mg/kg): Elements & Chemical Substances in Waste TCTO TCT1 TCT2 Metal Ions As, Arsenic 5.8 500 2000 B, Boron 150 15000 60000 Ba, Barium 62.5 6250 25000 Cd, Cadmium 7.5 260 1040 Co, Cobalt 50 5000 20000 CrTotal, Chromium Total 46000 800000 N/A Cr(VI), Chromium (VI) 6.5 500 2000 Cu, Copper 16 19500 78000 Hg, Mercury 0.93 160 640 Mn, Manganese 1000 25000 100000 Mo, Molybdenum 40 1000 4000 Ni, Nickel 91 10600 42400 Pb, Lead 20 1900 7600 Sb, Antimony 10 75 300 Se, Selenium 10 50 200 V, Vanadium 150 2680 10720 Zn, Zinc 240 160000 640000 Inorganic Anions TDS Chloride Sulphate NO3 as N, Nitrate-N F, Fluoride 100 10000 40000 CN- (total), Cyanide Total 14 10500 42000 Organics Benzene 10 40 Benzo(a)pyrene 1.7 6.8 Carbon tetrachloride 4 16 Chlorobenzene 8800 35200 Chloroform 700 2800 2-Chlorophenol 2100 8400 Di (2 ethylhexyl) phthalate 40 160 1,2-Dichlorobenzene 31900 127600 1,4-Dichlorobenzene 18400 73600 1,2-Dichloroethane 3.7 14.8 1,1-Dichloroethylene 150 600 1-2-Dichloroethylene 3750 15000 STAATSKOERANT, 23 AUGUSTUS 2013 No. 36784 27 This gazette is also available free online at www.gpwonline.co.za Elements & Chemical Substances in Waste TCTO TCT2TCT1 Dichloromethane 16 64 2,4-Dichlorophenol 800 3200 2,4-Dinitrotoluene 5.2 20.8 Ethylbenzene 540 2160 Formaldehyde 2000 8000 Hexachlorobutadiene 2.8 5.4 Methyl ethyl ketone 8000 32000 MTBE (Methyl t-butyl ether) 1435 5740 Nitrobenzene 45 180 PAHs (total) 50 200 Petroleum H/Cs, C6 to C9 650 2600 Petroleum H/Cs, C10 to C36 10000 40000 Phenols (total, non-halogenated) 560 2240 Polychlorinated biphenyls 12 48 Styrene 120 480 1,1,1,2-Tetrachloroethane 400 1600 1,1,2,2-Tetrachloroethane 5.0 20 Tetrachloroethylene 200 800 Toluene 1150 4600 Trichlorobenzenes (total) 3300 13200 1,1,1-Trichloroethane 1200 4800 1,1,2-Trichloroethane 48 192 Trichloroethylene 11600 46400 2,4,6-Trichlorophenol 1770 7080 Vinyl chloride 1.5 6.0 Xylenes (total) 890 3560 Pesticides Aldrin + Dieldrin 0.05 1.2 4.8 DDT + DDD + DDE 0.05 50 200 2,4-D 0.05 120 480 Chlordane 0.05 4 16 Heptachlor 0.05 1.2 4.8 Notes: TCT1 limits, where appropriate, have been derived from the land remediation values for commercial/industrial land determined by the Department of Environmental Affairs' "Framework for the Management of Contaminated Land", March 2010. The TCT2 limits were derived by multiplying TCT1 by a factor of 4, as used by the Environmental Protection Agency, Australian State of Victoria. If South African limits for TCT1 were unavailable, in general, the limits published by the Environmental Protection Agency, Australian State of Victoria have been used. Some TC limits have been adjusted because of various attenuation factors that are observed in landfills. Where available, the TCTO limits for have been obtained from SA Soil Screening Values that are protective of water resources. If not available, the State of Victoria value for fill material (EPA Victoria, Classification of Wastes) has been selected. If limits were not available in these references a conservative value was obtained by dividing the TCT1 value by 100. 28 No. 36784 GOVERNMENT GAZETTE, 23 AUGUST 2013 This gazette is also available free online at www.gpwonline.co.za (2) Leachable Concentration Threshold (LCT) Limits (mg/I): Elements & Chemical Substances in Waste LCTO LCT1 LCT2 LCT3 Metal Ions As, Arsenic 0.01 0.5 1 4 B, Boron 0.5 25 50 200 Ba, Barium 0.7 35 70 280 Cd, Cadmium 0.003 0.15 0.3 1.2 Co, Cobalt 0.5 25 50 200 CrTotal, Chromium Total 0.1 5 10 40 Cr(VI), Chromium (VI) 0.05 2.5 5 20 Cu, Copper 2.0 100 200 800 Hg, Mercury 0.006 0.3 0.6 2.4 Mn, Manganese 0.5 25 50 200 Mo, Molybdenum 0.07 3.5 7 28 Ni, Nickel 0.07 3.5 7 28 Pb, Lead 0.01 0.5 1 4 Sb, Antimony 0.02 1.0 2 8 Se, Selenium 0.01 0.5 1 4 V, Vanadium 0.2 10 20 80 Zn, Zinc 5.0 250 500 2000 Inorganic Anions TDS 1000 12 500 25 000 100 000 Chloride 300 15 000 30 000 120 000 Sulphate 250 12 500 25 000 100 000 NO3 as N, Nitrate-N 11 550 1100 4400 F, Fluoride 1.5 75 150 600 CN- (total), Cyanide Total 0.07 3.5 7 28 Organics Benzene 0.01 0.02 0.08 Benzo(a)pyrene 0.035 0.07 0.28 Carbon tetrachloride 0.20 0.40 1.6 Chlorobenzene 5.0 10 40 Chloroform 15 30 120 2-Chlorophenol 15 30 120 Di (2 ethylhexyl) phthalate 0.50 1 4 1,2-Dichlorobenzene 5 10 40 1,4-Dichlorobenzene 15 30 120 1,2-Dichloroethane 1.5 3 12 1,1-Dichloroethylene 0.35 0.7 2.8 1-2-Dichloroethylene 2.5 5 20 Dichloromethane 0.25 0.5 2 2,4-Dichlorophenol 10 20 80 2,4-Dinitrotoluene 0.065 0.13 0.52 STAATSKOERANT, 23 AUGUSTUS 2013 No. 36784 29 This gazette is also available free online at www.gpwonline.co.za Elements & Chemical Substances in Waste LCTO LCT1 LCT2 LCT3 Ethylbenzene 3.5 7 28 Formaldehyde 25 50 200 Hexachlorobutadiene 0.03 0.06 0.24 Methyl ethyl ketone 100 200 800 MTBE (Methyl t-butyl ether) 2.5 5.0 20.0 Nitrobenzene 1 2 8 PAHs (total) N/A N/A N/A Petroleum H/Cs, C6 to C9 N/A N/A N/A Petroleum H/Cs, C10 to C36 N/A N/A N/A Phenols (total, non-halogenated) 7 14 56 Polychlorinated biphenyls 0.025 0.05 0.2 Styrene 1.0 2 8 1,1,1,2-Tetrachloroethane 5 10 40 1,1,2,2-Tetrachloroethane 0.65 1.3 5.3 Tetrachloroethylene 0.25 0.5 2 Toluene 35 70 280 Trichlorobenzenes (total) 3.5 7 28 1,1,1-Trichloroethane 15 30 120 1,1,2-Trichloroethane 0.6 1 4 Trichloroethylene 0.25 2 8 2,4,6-Trichlorophenol 10.0 20 80 Vinyl chloride 0.015 0.03 0.12 Xylenes (total) 25 50 200 Pesticides Aldrin + Dieldrin 0.015 0.03 0.03 DDT + DDD + DDE 1 2 2 2,4-D 1.5 3 3 Chlordane 0.05 0.1 0.1 Heptachlor 0.015 0.03 0.03 Notes: LCT1 limits have, where possible, been derived from the lowest value of the standard for human health effects listed for drinking water (LCTO) in South Africa (DWAF, SANS) by multiplying with a Dilution Attenuation Factor (DAF) of 50 as proposed by the Australian State of Victoria, "Industrial Waste Resource Guidelines: Solid Industrial Waste Hazard Categorisation and Management", June 2009 (www.epa.vic.gov.aus). If no standard was available in South Africa then the limits given by the WHO or other appropriate drinking water standard, such as those published in the California Regulations have been used. LCT2 limits were derived by multiplying the LCT1 value with a factor of 2, and the LCT3 limits have been derived by multiplying the LCT2 value with a factor of 4. The factors applied represents a conservative assessment of the decrease in risk achieved by the increase in environmental protection provided by more comprehensive liner designs in higher classes of landfill and landfill operating requirements. 30 No. 36784 GOVERNMENT GAZETTE, 23 AUGUST 2013 This gazette is also available free online at www.gpwonline.co.za Determining Waste Types for Landfill Disposal 7. (1) The specific type of waste for disposal to landfill must be determined by comparing the TC and LC of the elements and chemical substances in the waste with the TCT and LCT limits specified in section 6 of these Norms and Standards. (2) Based on the assessment of the particular waste destined for disposal to landfill, the type of waste is determined as follows (a) Wastes with any element or chemical substance concentration above the LCT3 or TCT2 limits (LC > LCT3 or TC > TCT2) are Type 0 Wastes; (b) Wastes with any element or chemical substance concentration above the LCT2 but below or equal to the LCT3 limits, or above the TCT1 but below or equal to the TCT2 limits (LCT2 < LC 5 LCT3 or TCT1 < TC TCT2), are Type 1 Wastes; (c) Wastes with any element or chemical substance concentration above the LCT1 but below or equal to the LCT2 limits and all concentrations below or equal to the TCT1 limits (LCT1 < LC 5 LCT2 and TC 5 TCT1) are Type 2 Wastes; (d) Wastes with any element or chemical substance concentration above the LCTO but below or equal to the LCT1 limits and all TC concentrations below or equal to the TCT1 limits (LCTO < LC 5 LCT1 and TC 5 TCT1) are Type 3 Wastes; or (e) Wastes with all element and chemical substance concentration levels for metal ions and inorganic anions below or equal to the LCTO and TCTO limits (LC 5 LCTO and TC TCTO), and with all chemical substance concentration levels also below the following total concentration limits for organics and pesticides, are Type 4 Wastes Chemical Substances in Waste Total Concentration (mg/kg) Organics TOC 30 000 (= 3%) BTEX 6 PCBs 1 Mineral Oil (C10 to C40) 500 Pesticides Aldrin + Dieldrin 0.05 DDT + DDD + DDE 0.05 STAATSKOERANT, 23 AUGUSTUS 2013 No. 36784 31 This gazette is also available free online at www.gpwonline.co.za Chemical Substances in Waste Total Concentration (mg/kg) 2,4-D 0.05 Chlordane 0.05 Heptachlor 0.05 (3) If a particular chemical substance in a waste is not listed with corresponding LCT and TCT limits in section 6 of these Norms and Standards, and the waste has been classified as hazardous in terms of regulation 4(2) of the Regulations based on the health or environmental hazard characteristics of the particular element or chemical substance, the following applies (a) the waste is considered to be Type 1 Waste; and (b) the Department must be informed in writing in 30 days of the particular element or chemical substance not listed in section 6 of these Norms and Standards. (4) Notwithstanding section 7(2) of these Norms and Standards, if the TC of an element or chemical substance is above the TCT2 limit, and the concentration cannot be reduced to below the TCT2 limit, but the LC for the particular element or chemical substance is below the LCT3 limit, the waste is considered to be Type 1 Waste. (5) Wastes listed in item (2)(b) of Annexure 1 to the Regulations are considered to be Type 1 Waste, unless assessed and determined otherwise in terms of these Norms and Standards. (6) Notwithstanding section 7(2) of these Norms and Standards, wastes with all element or chemical substance leachable concentration levels for metal ions and inorganic anions below or equal to the LCTO limits are considered to be Type 3 waste, irrespective of the total concentration of elements or chemical substances in the waste, provided that (a) all chemical substance concentration levels are below the following total concentration limits for organics and pesticides: Chemical Substances in Waste Total Concentration (mg/kg) Organics TOC 30 000 (= 3%) 32 No. 36784 GOVERNMENT GAZETTE, 23 AUGUST 2013 This gazette is also available free online at www.gpwonline.co.za Chemical Substances in Waste Total Concentration (mg/kg) BTEX 6 PCBs 1 Mineral Oil (C10 to C40) 500 Pesticides Aldrin + Dieldrin 0.05 DDT + DDD + DDE 0.05 2,4-D 0.05 Chlordane 0.05 Heptachlor 0.05 (b) the inherent physical and chemical character of the waste is stable and will not change over time; and (c) the waste is disposed of to landfill without any other waste. STAATSKOERANT, 23 AUGUSTUS 2013 No. 36784 33 This gazette is also available free online at www.gpwonline.co.za