Waste Tyre Regulations, 2009 (No. R. 149 of 2009)

No. R.149 STAATSKOERANT, 13 FEBRUARIE 2009 No. 31901 3 GOVERNMEI\IT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM 13 February 2009 ENVIRONMENT CONSERVATION ACT, 1989 WASTE TIRE REGULATIONS, 2008 I, Marthinus Christoffel Johannes Van Schalkwyk, Minister of Environmental Affairs and Tourism, hereby make the regulations pertaining to the management of waste tyres under section 24B of the Environment Conservation Act, 1989 (Act No. 73 of 1989) as set out in the schedule. M ~ /IJ-j ,v, ,.' C,0:P~ ~( MARTHINUS VAN SCHALKWYK MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM 4 No. 31901 GOVERNMENT GAZETTE, 13 FEBRUARY 2009 SCHEDULE TABLE OF CONTENTS PART 1 INTERPRETATION AND PURPOSE OF REGULATIONS 1. Definitions 2. Purpose of Regulations 3. Application of Regulations 4. General Prohibitions PART 2 REUSE, RECYCLING AND RECOVERY OF WASTE TYRES 5. Reuse, recycling and recovery of waste tyres PART 3 DUTIES OF TYRE PRODUCERS, TYRE DEALERS AND WASTE TYRE STOCKPILE OWNERS 6. Duties of tyre producers 7. Duties of tyre dealers 8. Duties of waste tyre stockpile owners Part 4 INTEGRATED INDUSTRY WASTE TYRE MANAGEMENT PLANS 9. Contents of an integrated industry waste tyre management plan 10. Notification of integrated industry waste tyre management plans 11. Consideration of integrated ind us try waste tyre management plans 12. Review of integrated industry waste tyre management plans Part 5 WASTE TYRE STOCKPILE ABATEMENT PLAN 13. Contents of a waste tyre stockpile abatement plan 14. Notification of a waste tyre stockpile abatement plan 15. Consideration of a waste tyre stockpile abatement plan Part 6 STORAGE OF WASTE TYRES 16. Storage of waste tyres Part 7 STAATSKOERANT, 13 FEBRUARIE 2009 No. 31901 5 GENERAL 17. Offences and penalties 18. Transitional provisions 19. Short Title and Commencement PART 1 INTERPRETATION AND PURPOSE OF REGULATIONS Definitions 1. In these Regulations any word or expression to which a meaning has been assigned in the Act bears that meaning, unless the context otherwise indicates "the Act" means lhe Environment Conservation Act, 1989 (Act No. 73 of 1989); "Minister" means the Minister of Environmental Affairs and Tourism; "legacy waste tyre stockpile" means a waste tyre stockpile that existed before the promulgation of these regulations; "load index" means the international code imprinted on the side of a tyre that indicates the load, or· weight, that the tyre can carry at its maximum design pressure; "part worn tyre" means a used tyre that conforms to the Road Traffic Act and can be safely returned to its original intended use; "recovery" means the controlled extraction of a material or the retrieval of energy from waste tyres; "recycle" means the separation and processing of materials from waste tyres for further use as new products or resources; "retreadable casing" means the structural part of a used tyre that may or may not have residual !read depth for further road use and when subjected to inspection of the structural soundness of the casing, can be reprocessed by vulcanising new tread to the casing and can then be safely returned to its original intended use; "re-use" means the utilisation of waste tyres, in whole or in part, without changing the composition of the waste tyre; "temporary storage" means the storage of waste tyres for a period not exceeding 2 years from date of promulgation; "tyro" means a continuous pneumatic covering made of natura1 rubber or synthetic rubber or a combrnation of natural and synthetic rubber encircling a wheel, whether new, used or retreaded; 6 No. 31901 GOVERNMENT GAZETTE, 13 FEBRUARY 2009 "tyre dealer" means any person or entity thal distributes, or olherwise deals commercially in tyres; "lyre producer" means any person or institution engaged in the commercial manufacture or import of tyres and retreadable casings, and the import of vehicles fitted with tyres for distribution in South Africa; "vehicle" means any motorized or towed mode of transport or implement fitted with tyres; "waste tyre" means a new, used, retreaded, or un-roadworthy tyre, not suitable to be retreaded, repaired, or sold as a part worn tyre and not fit for its original intended use; "waste tyre storage site• means a facility that is used for the temporary storage of waste tyres; "waste tyre stockpile abatement plan" means a plan, prepared by a person or entity who has a waste tyre stockpile, indicating the manner and timeframe in which the stockpile will be removed; "waste tyre processor" means any person or entity that is engaged in the commercial re-use, recycling or recovery of waste tyres; "waste tyre stockplle" means a site on which predominantly waste lyres have been stored continuously for a period greater than 2 years and which covers an area greater lhan 500m2, and excludes waste disposal facility; "waste tyre stockpile owner" means the owner or lawful possessor of the waste tyres and will have the meaning ascribed to it in common law. Purpose of these Regulations 2. The purpose of these Regulations is to regulate the management of waste lyres by providing for the regulatory mechanisms. Application of Regulations 3. These Regulations apply uniformly in all provinces of the Republic of South Africa. General prohioitlons 4. No person may (a) manage waste tyres in a manner which does not comply with these Regulations; (b) recycle. recover or dispose of a waste tyre or knowingly or m~gligently cause or permit a waste tyre 'c be recycled, rnrnvered or disposer! of, dt any facility er un any site, unless the recyc ing, recovery or disposal of that waste tyre is au,horised by law; (c) recover or dispose ol a waste tyre in a manner that is likely to cause pollution of the environment or harrr to health and we+being; or (d) dispose of a waste tyre al a wastu dispoc;:1 facility two years from the clatu ol corrnenccment of these regulations unless such a w;;1stu tyre h:is been cut ir·to o,uarters, and no quartered waste STAATSKOERANT, 13 FEBRUARIE 2009 No. 31901 7 tyres may be disposed 5 years from the date of promulgation of these regulations unless such waste lyres have been shredded, excluding in both instances bicycle tyres and tyres with an outside diameter above 1400mm and tyres used as engineering material. Part 2 REUSE, RECYCLING AND RECOVERY OF WASTE TYRES REUSE, RECYCLING ANO RECOVERY OF WASTE TYRES 5. (1) A tyre producer, when developing his/her integrated industry waste tyre management plan as contemplated in regulation 6(3) must make provision for the reusing or recycling of that waste tyre before recovering the energy potential or disposing of that waste tyre. (2) A waste tyre processor who undertakes an activity involving the reuse, recycling or recovery of a waste tyre must, before undertaking that activity, ensure lhat the reuse, recycling or recovery of the waste tyre is more sustainable than the disposal of such a wasle tyre. Part 3 DUTIES OF TYRE PRODUCERS, TYRE DEALERS ANO WASTE TYRE STOCKPILE OWNERS Duties of tyre producers 6. (1) (2) A tyre producer operating on the date of commencement of these regulations must register with the Minister within 30 days of the dale of commencement of these Regulations and any tyre producer commencing business after these regulations must register with the Minister at least 30 days prior to commencing business providing the following information (a) the name and where applicable, the registered number of the natural or legal persona of the tyre producer; (b) the registered address of !he tyre producer; (c) the physical address where the business or the tyre producer is conducted; (d} contact details; and (e) details of the person responsible for submitting the integrated industry waste tyre management plan as contemplated in subregulation (3). (a) After registration in terms of subregulation (1) the Minister will issue the applicant with a registration number; and (b) The tyre producer must display the registration number on all trading documentation. (3) A tyre producer operating on the date of commencement of lhese regulations must either (a) prepare and submit to tile Minister, an integrated industry waste tyre management plan, wrlhin 60 davs of re;:iislering 1n terms of subrr:gu!cJl1on (1) for appr:ival; or (o: register wrlh an existing integr2\ed industry wastu tyre management p!an approved by the Minister; and (:::) comply with lhe integrated inoustry waste tyre management plan irnmed'ately on receiving the Minister's nppmval, :ir corn pl\' within 60 days with an existing inh::rJn\ecl industry wa;tr, tyre ITlcH13fir"ment plc:rn approved by the Minister. 8 No. 31901 GOVERNMENT GAZETTE, 13 FEBRUARY 2009 (4) A tyre producer commencing business after the commencement of these regulations shall nol begin operations without an integrated industry waste tyre management plan approved by the Minster or without providing written confirmation to the Minster of acceptance into an existing integrated industry waste tyre management plan approved by lhe Mlnister. (5) A lyre producer on whom an obligation is imposed in terms of subregulation (1), (2), (3) and (4) may not manufacture or import new, part worn, retreadable casings or vehicles fitted with tyres or distribute or sell new, part worn or retreaded tyres, unless measures have been taken to ensure that when those lyres become waste tyres they are dealt with in accordance with the provisions of the approved integrated industry waste tyre management plan to which the producer belongs. (6) A lyre producer must inform the Minister if they dereglster from an integraled industry waste tyre management plan 120 days prior lo deregistering. (7) A tyre producer may not manufacture, import new, part worn, relreadable casings or vehicles fitted with tyres or, distribute or sell new, part worn or retreaded tyres, unless they can demonstrate that that they either (a) have an integrated industry waste tyre managemerit plan approved by the Minister or; (b) belong to an existing integrated industry waste tyre management plan approved by the Minister. Duties of tyre dealers 7. ( 1) A tyre dealer must classify any used tyre in his/her possession or control as eilher a part worn tyre or a retreadable casing and any lyre not ralling into either of these categories must be classified as a wasle tyre. (2) A tyre dealer must mutilate or cause all waste tyres with a load index of 121 or less in his/her possession or control, or must cause such waste tyres to be mutilated, which includes, but is not limited to {a) the cutting of the bead of a waste tyre in two places; (b} punching a hole with a minimum diameter of 50mm in the sidewall; or (c) making a cut of at least 100mm in the sidewall. (3) A lyre dealer must manage all waste tyres in his/Mr possession or control, or cause such waste tyres to be managed in accordance with the approved Integrated industry waste tyre management plan of the producer. Duties of waste tyre stockpile owners 8. (1) Any person or entity who has a waste tyre stockpile on their premises or is the owner of a waste tyre slockpile(s) on the date of commencement of these regulations must register with the Minister within 30 days from the promulgation of these regulations, providing the following information (a) the narne of the waste tyre stockp1:e ownor; (bi the registered ado··c:ss of the premises on which the waste tyre stockpile is :ocated; (c) the registered address of the owner of the waste tyre stockpile; (d) the legal persona's registration number; and (e: current permits in place for the waste tyre stockpile. (2) (a) :,fkr regi:;tralion in terrns of subreuulatiur1 (1) the Minister w1I issue the applicant with a registration number: and STAATSKOERANT, 13 FEBRUARIE 2009 No. 31901 9 (b) the waste tyre stockpile owner must display the registration number on all trading documentation. {3) A waste tyre stockpile owner must within 120 days of the date of commencement of these regulations submit to the Minister a waste tyre stockpile abatement plan for approval. ( 4) A waste tyre stockpile owner on whom an obligalion is imposed in terms of subregulation (1) and (2) that is not permitted or licensed in terms of the relevant legislation shall not add to the stockpile after 120 days of the commencement of these regulations. Part4 INTEGRATED INDUSTRY WASTE TYRE MANAGEMENT PLANS Contents of an integrated Industry waste tyre management plan 9. ( 1) An integrated industry waste lyre management plan must at least (a) identify the parties to the plan; {b) provide annual projection of the quantities and types of tyres that are manufactured or imported that will become waste tyres and will be managed through the integrated industry waste tyre management plan; (c) indicate how lhe waste hierarchy wlll be given effect in the Integrated industry waste tyre management plan; (d) identify the manner in which waste tyre processors who will receive waste tyres through this plan will be identified; {e) identify the manner in which waste tyre transporters will be registered through \he integrated industry waste tyre management plan and their duties; (f) identify the potential number of waste tyre storage sites that will be used by the integrated waste tyre management plan and the manner in which these sites will be registered with the plan: (g) identify the industry standards that will apply to waste tyre transporters, waste lyre storage sites and waste processors; (h) lndicate how in.formation on waste tyres collected and treated will be recorded; U) identify the timeframes in which the different types of tyres will be managed noting that all tyres and sizes of tyres must be managed through an integrated industry waste tyre management plan within five years or date of approval of plan; (j} provide estimations or the costs of implementing the waste tyre management plan for the first five years and the manner in which the activities of the waste tyre management plan will be fimmc~n: ik) provide delaib of the manner in whic:h the contribut,nn oi each member of the plan will be determined and how the contribul\on will be collected and distributed; indicate how the integrated industry waste tyre management plan wiil raise national awareness regard,ng the management of waste tyres: /re:: 0rovide detail!; 0·1 huw the integrated incJustrv waste tyrr: rnanagorncr1t plan will address ssucs of sccial re:;ponsibil1ty in Um im1ust1y; 10 No.31901 GOVERNMENT GAZETTE, 13 FEBRUARY 2009 (n) µr□v1de delai!s of tr1e rnanne' in which previously disadvantagec individ,1a1s will De integrated hto the imolernenta::on or the iritegratec industria: waste tyre management pian; 1'1) incicate how Job creation, trnining and development will be realised in the ind11stcy; (p) indicate the extent of auditi--:g and ·e::iorting :;n the integrated industry waste tyre rna--:agemen! plan envisaged; (4) provide measures to be implemented :o give ef;ect lo best environmental practice i·1 respect of waste tyre rnanagerneit; (1) ind1c:ate the rneasuri,s to he rut ,n plau) to address t11e stoc~;;ilcs ut waste tyreo: (s) prcvide estimations o· annual financial contribution which wi:I be set aside to address t;,e leg2Gy w;:ist9 lyre stockpile and the measures to be put in place to deal with the leg3cy waste tyre stockpiles; and (l) annually provide details of agreements reached in lerms of any waste tyre stockpi e abdtcment plans. Notification of fntograted Industry waste tyres management plans 10. [1) Any person produc,rg an integrated industry waste tyre 'Tlanagemenl plan h terms of regulation 6(3) must 1ake aprropriatP. steps lo brinl] the contents of a proposed integraied inrluslr:i waste tvre manogement plan to the attention of : efcvanl organs uf s!alc, interested p':)rso11s one the public and mus: call for comments to the plan. (2) Any comments ,,unrnitted ir: respect of an irite(;ratecl indu,,try wask tyre rn,naqerner-t plan must be considered by t..,e persor respons;ble for preparing the plan, and a copy of all comments and responses rnust be submitted lo the Minister, together wilt· !he plan. Consideration of integrated industry waste lyre management plans 11 Ttic Minister on receipt of an intenroteu industry waste tyre managcr:1enl pian (a) may require additiona. :nformato'l to be fucnished and a revised plan lo be submitted within J timcfrarnc inllicritcd by the M,nister, {o) must publisr· the integrated ;1ocustry waste tyre management plan in the government gazette for El period of 30 days for comrr:er-t: ;c1 must send ccimrnonls receivea to llic person r,,:;punsible to• rrod1Jc111ci the plan for consideration and incorporation where reievant; and (d) rnu,;t, after incorporation of a•iy commenls, review the revised integrated ind1istry wnste tyre management plar', approve it with or without conditior1s, or reject the integrated Industry waste tyre managemen'. plan with reasons and with a timeframe for resubmission. (2) Afl integrnted indus:ry was\o tyrr, managomer't pl,in that tus tJe,0 n rejected ill te:ms of s11,, regulatiori ( 1 )(d) must be amended and resubmitted to tl-18 Minister within the timeframe indicated by the Minister, {3) An approval in terms of sub-regulation (1 )(d) must at leasl specify the period for which the approval Is issued, which period may be extended by the Minister. (4) The Minister must give notice in the relevant Gazette of an approved integrated industry waste tyre management plan. (5) Any person producing an integrated industry waste lyre management plan in terms of regulation 6(3) must submit an annual audil report from an independent auditor commissioned at own expense to audit at least the rollowing STAATSKOERANT, 13 FEBRUARIE 2009 No.31901 11 a) the compliance to the approved integrated industry waste tyre management plan; b) the person's compliance with the relevant legislation; c) record keeping and reporting as required by the integrated industry waste tyre management plan; d) management of legacy stockpile; and e) financial reports. Review of integrated industry waste tyre management plans 12. (1) An integrated industry waste tyre management plan must be revised and resubmitted for approval by the Minister at 5 year intervals or sooner if the Minister or the producer of the plan identifies that amendments are required. (2) The Minister must publish the revised integrated industry waste tyre management plan in the government gazette for a period of 30 days. (3) Once the integrated industry waste tyre management plan is approved it will be an offence not to comply with the revised plan. (4) The Minister may allow the integrated industry waste tyre management plan producers lo be exempted from submitting a revised integrated industry waste tyre management plan if the Minister upon a request for exemption is satisfied that the plan continues to meet the objectives of the regulations and does not require amendments. Part 5 WASTE TYRE STOCKPILE ABATEMENT PLAN Contents of a waste tyre stockpile abatement plan 13. (1) A waste tyre stockpile abatement plan must al least (a) provide the name and where applicable the registration number of lhe company, closed corporation or trust of the owner of the waste tyre stockpile(s}; (b) provide !he physical address of the location of the waste tyre stockpile(s); (c) provide !he physical and postal address of the waste tyre stockpile owner; (d) provide an estimation of the number of waste tyres stored within the waste tyre stockpile(s) including the square area of the footprint of the stockpile; (e) the current fire prevention measures in place; (f) provide a plan of the stockpiles site(s), locating the waste tyre piles on site, indicating distances between the piles, height of the piles, distance lo the fence line, access points, water points, the location of offices or buildings and providing any other information that is relevant to the waste tyre stockpile(s); (g) proposal and timeframe for eliminating the waste tyre stockpile(s); (h) identify the approved integrated industry waste tyre management plan(s) into which the tyres will be accepted or the waste lyre processor who will accept the waste tyres; (i) budget and funding sources for eliminating the waste tyre stockpile; (j) copies of agreements with integrated industry waste tyre management plans indicating their acceptance of the waste tyres and agreement of the financial arrangements made; and (k) measures that wil' be put in place lo meet the storage requirernenls relevant lo these regulations and the timeframes for implementation. 12 No. 31901 GOVERNMENT GAZETTE, 13 FEBRUARY 2009 Notification of a waste tyre stockpile abatement plan 14. ( 1) Any person prnducinsi a waste tyre r.tcickpile zib2.term,nl plan in terrc.s of regulation B(3\ must take 2ppropriate steps to oring the contents of a oroposed waste tyre stockpile abatement plan to the attention of relevant organs nf stale, interested a:id affected parties a7d must ca!I for comments to the plan. (2) Any comrrents submi'.ted in respect of a waste tyre stockpile abaterrient pfan must be considered by the person respons;ble for prnp .. mng the plcin, ;:md ci co.:;y of all coc::menls ar,d respor0 s,0is must be submitted to the Minister, together w tr the plan. Consideration of a waste tyre stockpile abatement plan 15. (1) The Minister on receipt of a wc.ste tyre stockpile H.b2!ement pian 1a) may require ajditional i:'for111at;on to be furnished and a revised plan to be subrri1t1ed within a Umeframe indicated oy the Minister; and ( b / mu Gt, after incorporation of any comment:;, revi,,w the 'OVi::;ed waste tyrn stockpile aba:ement plan and aoorove it with or with::iut conditions, or reject the waste tyre stockpile abc1temenl p'an wi\h reasons anc with a timeframe fO' resubm;ssion. (2) .A w<1sto tyre stockpile ubalement plan t!1at has been reJected in '.erms of sub••regula:ion ( 1 )\bJ must be amended a~c resubrrrtted ta the Minister within the timefrarne indicated by the Minister. ,:3) /111 .ipprovc1I in terms of subres1u!ation ( 1 Ht1) must ,1[ least spei;ify the puriod fo~ which the approvar is issued, vrich period may be extended oy the Minister. ( 4) i y person producir1g a was:e tyre slcokpi\e nnatemenl plan in terms of regulation 8(3) must sulir11it c:m anr1ual audit report from an external auditor conunissior~cd al ow11 {.)Xper'sc lo auc;t compliance to the pla1. ;ii) Once the wc1ste tyre ';tockpii,1 iJhc1teme11t pl:m r';;s been a'.lprovecl it is an off,!nce net to comply witl1 the plan. Part 6 STORAGE OF WASTE TYRES Storage of waste tyres 16. , 1) Tho waste tyre storage area for a tyre deaif'r shall :10: exceed 5fJOm2 (2) ,t,,ny waste tyre storage area rr...;st not excued 300U0rn2. ( 3) t, waste tyre storage area pian must be develop;;d by the tyre dea,er, waste tyre proco:ssor and wcisl,i tyre ~;tornge site: owner ( 4) The waste tyre storage plan must be aj)proved by the municipal fire department and must be available on site at all limes. (5) The municipal fire department may exempt the waste tyre storage owner from the provisions in subregulation (6}, (6) The site on which waste tyres are stored must meet as a minimum the following requirements (a) clearly visible signs with operating hours, contact details and site regulations must be posted near the entrance lo the facility; (b) a security attendant trained in fire prevention must be on site at all times; (c) the site manager must be on site at all times when the facility is open: STAATSKOERANT, 13 FEBRUARIE 2009 No.31901 13 (d) no single pile of waste tyres may exceed a height of 3 metres, a length of 20 metres and a width of 10 metres; (e) all interior firebreaks between piles of waste lyres must be at least five metres wide; (f) the site must be flat and hard packed; (g) the site must make provision for storm water management; (h) the edges of the piles must be at least 8 metres from the perimeter fence, and any buildings, and the area between the piles and the fence and buildings must be clear of debris and vegetation; {i) alt firebreaks must be at least 8 metres wide; and U) waste tyre piles may not be located within 8 metres of a powerllne. (7) Waste tyres must not be stored on wetlands, flood plains, ravines, canyons, on steeply graded surfaces or anywhere else where they may pose a significant environmental or fire risk. Offences and penalties Part 5 GENERAL 17. (1) A person is guilty of an offence if that person contravenes or fails to comply with (a) a provision of regulations 4, 6, 7, 6, 11(2) and (5}, 12(1) and (2), 15(2). {4) and (5), 16(1), (2), (3), (4}, (6) and (l); or (b) an integrated industry waste tyre management plan; or (c) a waste tyre stockpile abatement plan. (2) A person is liable on conviction of an offence in terms of suhregulation (1) to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment, and to a fine not exceeding three times the commercial value of anything in respect of which the offence was committed. (3) A person convicted of an offence in terms of these Regulations and who afler such conviction persists in the act or omission which constituted such offence, shall be guilty of a continuing contravention and be liable on conviction to a fine not exceeding R250 or to imprisonment for a period not exceeding 20 days or to both such fine and such Imprisonment in respect of every day such offence continues. Transitional arrangements 18. Any person who stored waste tyres on the date that these Regulations commenced must comply with the provisions of regulation 16 within one year after lhe dale of commencement of these Regulations. Short title and commencoment 19. These Regulations shall be called the Waste Tyre Regulations, 2009 and take effect on a cate determined by the Minister by notice in tne Gazette.