National Waste Information Regulations (No. R. 625 of 2012)

STAATSKOERANT, 13 AUGUSTUS 2012 No.35583 3 GOVERNMENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS No. R. 625 13 August 2012 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO. 59 OF 2008) NATIONAL WASTE INFORMATION REGULATIONS I, Barno Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby make the National Waste Information Regulations under section 69(1)(y), (aa) and (ee) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), in the Schedule hereto. MOLEWA MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS 4 No.35583 GOVERNMENT GAZETTE, 13 AUGUST 2012 SCHEDULE TABLE OF CONTENTS CHAPTER 1 INTERPRETATION AND PURPOSE OF REGULATIONS 1. Definitions 2. Purpose of Regulations 3. Application of Regulations 4. Confidentiality of information 5. Application for registration CHAPTER2 REGISTRATION 6. Consideration of applications for registration 7. Changes to registration certificates CHAPTER3 REPORTING AND RECORD KEEPING 8. Reporting or submission of information 9. Record keeping CHAPTER4 VERIFICATION OF INFORMATION AND GENERAL MATTERS 10. Verification of information 11. General matters 12. Offences and penaHies 13. Short title and commencement STAATSKOERANT, 13 AUGUSTUS 2012 No.35583 5 CHAPTER 1 INTERPRETATION AND PURPOSE OF REGULATIONS Definitions 1. (1) In these Regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these Regulations, and in addition "independent person" means a person who is not an employee of, and not otherwise related to, the entity he or she is auditing; "provincial authority" means Provincial Government Department or an agency responsible for the management of waste in the province; "provincial waste information system" means a provincial waste information system established in terms of section 62 of the Act; "registration certificate" means a written proof issued by the Department to a registered person to submit information to the South African Waste Information System in terms of Chapter 3 of the Regulations; "registered person" means a person who is the holder of a registration certificate; "reporting period" means the quarterly period of a year calculated from January in respect of which information must be reported; "source" means the point of origin of waste whereby registered hazardous waste generators are selected or municipality or province in the case of general waste; "South African Waste Information System" or "SAWIS" means a national waste information system established in terms of section 60 of the Act; "The Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of2008); "these Regulations" include the Annexures to these Regulations; 6 No.35583 GOVERNMENT GAZETIE, 13 AUGUST 2012 "waste information registration number" or "WIR number'' means the unique number allocated by the Department to a registered person in terms of these Regulations; "waste management method" means a systematic procedure, technique, or process for the management of waste; "waste quantifiCation equipment" means a measuring device used to determine or express the quantity of waste; and "waste quantification survey'' means the collection of data which is performed for the purpose of obtaining measurements and analysis of waste quantities. (2) When any particular number of days is prescribed for the doing of any act, or for any other purpose, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day happens to fall on a Sunday or on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Sunday or public holiday. Purpose of Regulations 2. The purpose of these Regulations is to regulate the collection of data and information to fulfill the objectives of the national waste information system as set out in section 61 of the Act. Application of Regulations 3. (1) These Regulations apply uniformly to all persons conducting an activity listed in Annexure 1 to these Regulations. (2) A person who conducts an activity in a province that has an established waste information system in terms of section 62 of the Act and collects the minimum information required by these Regulations must submit the information to the provincial waste information system. (3) Where a province has developed waste information regulations that are compatible with these Regulations, a person who conducts an activity contemplated in Annexure 1 to these Regulations must comply with the provincial waste information regulations. STAATSKOERANT, 13 AUGUSTUS 2012 No.35583 7 Confidentiality of information 4. (1) No person may disclose confidential information obtained in terms of these Regulations, unless (a) the information is disclosed in compliance with the provisions of any law; (b) the person is ordered to disclose the information by a court of law; (c) the information is disclosed to enable a person to perform a function in terms of these Regulations. CHAPTER2 REGISTRATION Application for registration 5. (1) Any person conducting an existing activity listed in Annexure 1 must apply to the Department to be registered on the SAWIS within ninety (90) days of the coming into operation of these Regulations. (2} Any person commencing such an activity after the promulgation of the Regulations must apply to be registered on the SAWIS thirty (30} days after the commencement of such an activity. (3) Where a person in subregulation (1} (a} conducts more than one activity in different facilities, such activities must be registered individually. (4) An application contemplated in subregulation (1) must be in a form determined by the Department. Consideration of applications for registration 6. (1} The Department must, within thirty (30) days of receiving an application for registration, either (a) register the applicant and issue a registration certificate to the applicant which contains 8 No. 35583 GOVERNMENT GAZETTE, 13 AUGUST 2012 (i) name of the activity; (ii) a waste information registration number; (iii) waste management method or hazardous waste generator; and (iv) the date of registration; or (b) refer the application for registration back to the applicant for correction. (2) An application for registration which has been referred back for correction must be amended and resubmitted to the Department within thirty (30) days after the date the Department issued a written notification to the applicant for correction. (3) The provisions of subregulation (1)(a) shall apply to an application for registration which has been referred back, corrected and resubmitted. Changes to registration certificate 7. (1) A registered person must notify the Department of any change in respect of that person's registration certificate within thirty (30) days of such change occurring. (2) If a registered person transfers ownership of the business or no longer undertakes the activity which caused that person to register, the registered person must notify the Department in the form determined by the Department within thirty (30) days prior to the business being transferred or the activity being discontinued. (3) The person to whom the business is transferred to in subregulation (2), must within thirty (30) days of taking ownership of the business, amend the registration details of the business in a form determined by the Department. (4) On receipt of a notification in subregulations (1) and (2) and after the amendment of the registration details of a registered person in subregulation (3), the first application is deemed withdrawn. (5) If a person intends to recommence with an activity for which the registration was withdrawn, the person must comply with the legal requirements as set out in regulation 6. STAATSKOERANT, 13AUGUSTUS 2012 No.35583 9 CHAPTER3 REPORTING AND RECORD KEEPING Reporting or submission of information 8. (1) The submission of information to the SAWIS commence ninety (90) days after the end of registration period in regulation 6(1). (2) A registered person conducting an activity listed in Annexure 1 must submit quarterly information as prescribed in Annexure 2, within sixty (60) days of the end of a reporting period. (3) Subregulation (1) does not apply to the registered generators of hazardous waste. (4) A registered person submitting information on hazardous waste must submit the information based on actual quantities. (5) A registered person submitting information on general waste may submit information that is based on an estimation of quantities for a period of five {5) years after promulgation of the Regulations, where after the information must be based on actual quantities. (6) The five (5) year period in subregulation (5) does not apply to waste disposal of general waste to land covering an area in excess of 200m2. (7) The provision in subregulation (5) regarding estimation of quantities for a period of five (5) years does not apply to waste management facilities installed with waste quantification equipment. (8) The information must be submitted to the SA WIS. (9) If a registered person is not able to submit the required information to the SAWIS, a registered person must submit the required information to the Department by facsimile, post or hand delivery within sixty (60) days of the end of a reporting period. Record keeping 9. (1) A registered person must keep a record of the information submitted to the SAWIS or the Department. 10 No.35583 GOVERNMENT GAZETTE, 13 AUGUST 2012 {2) The records contemplated in subregulation {1} must be (a} retained for a period of at least 5 {five) years; and (b) made available for inspection by a representative of the Department on request. CHAPTER4 VERIFICATION OF INFORMATION AND GENERAL MATTERS Verification of information 10. {1) If a provincial authority responsible for the management of waste information in that province reasonably believes that the information submitted is incorrect or misleading, a provincial authority as the case may be, may instruct a registered person who the information belongs to, in writing, to (a) submit an audit report prepared by an independent person on the accuracy of the information that has been submitted to the Department; or (b) undertake a waste quantification survey and submit a waste quantification report prepared by an independent person. {2) An audit report or waste quantification report requested in terms of subregulation (1) must be submitted within the period determined by a provincial authority, which period may not be less than thirty {30} days. (3} A registered person is liable for all costs in connection with compliance with an instruction in terms of sub-regulation (2). (4) If a registered person fails to submit an audit report or waste quantification survey report contemplated in subregulation (2) within the period determined by a provincial authority, a provincial authority may (a) appoint an independent auditor/person to perform the audit or waste quantification survey; and STAATSKOERANT, 13 AUGUSTUS 2012 No. 35583 11 (b) recover the cost of the audit or waste quantification survey from the registered person. General matters 11. Where a provincial authority is not able to conduct the requirements in terms of regulation 10 the Department may, after consultation with the provincial authority, conduct such requirements as stipulated in these Regulations. Offences and penalties 12. ( 1) A person commits an offence if that person (a) provides incorrect or misleading information to the SAWIS; or (b) fails to comply with regulations 4, 5, 6(2), 7, 8 and 9. (2) A person who commits an offence in terms of subregulation (1) is liable on conviction to (a) imprisonment for a period not exceeding fifteen (15) years; (b) an appropriate fine; or (c) both a fine and imprisonment. Short title and commencement 13. These Regulations are called the National Waste Information Regulations, 2012 and take effect on 1 January 2013. 12 No.35583 GOVERNMENT GAZETTE, 13 AUGUST 2012 ANNEXURE1 LIST OF PERSONS CONDUCTING THE FOLLOWING ACTIVITIES MUST REGISTER ON THE SAWIS IN TERMS OF REGULATION 5 Generators of waste (a) Generators of hazardous waste in excess of 20kg per day. Recovery or recycling of waste (b) Recovery of energy from general waste in excess of three (3) tons per day. (c) Recovery of waste at a facility that' has the capacity to process in excess of 10 tons of general waste or in excess of 500kg of hazardous waste per day, excluding recovery that takes place as an integral part of an internal manufacturing process within the same premises. {d) The scrapping or recovery of motor vehicles at a facility that has an operational area in excess of 500m2. {e) Recycling of general waste at a facility that has an operational area in excess of 500m2. (f) Recycling of hazardous waste in excess of 500kg per day calculated as a monthly average. Treatment of waste {g) Treatment of general waste using any form of treatment at a facility that has the capacity to process in excess of 10 tons of general waste or 500kg of hazardous waste per day excluding the treatment of effluent, wastewater or sewerage. {h) Treatment of health care risk waste regardless of size or capacity of the facility. Disposal of waste (i) Disposal of general waste to land covering an area in excess of 200m2. 0) Disposal of any quantity of hazardous waste to land. STAATSKOERANT, 13 AUGUSTUS 2012 No. 35583 13 Exportation of hazardous waste (k) Hazardous waste exported from the Republic of South Africa. ANNEXURE2 REPORTING REQUIREMENTS IN TERMS OF REGULATION 8(1) The required quarterly information for reporting to the SAWIS, read with the Annexure 1 of these Regulations must include (a) the month and year to which the information applies; (b) Categories of waste as detailed in Annexures 3 and 4; (c) Source from which waste comes (d) The quantity of waste reported in tons. ANNEXURE3 GENERAL WASTE TYPES FOR REPORTING TO THE SAWIS w 1 (/) GW16 Slag <( ~ J <( 0:::: w z GW 17 Mineral waste w (.!) Waste of Electric and Electronic GW18 Equipment (WEEE) from which 03 hazardous components/substances have been removed 04 14 No.35583 GOVERNMENT GAZETTE, 13 AUGUST 2012 equipment and automatic issuing machines 05 Lighting equipment 06 Electric and Electronic tools Security & health care 07 equiQ ment 08 MixedWEEE 01 Garden waste GW20 Organic waste 02 Food waste 03 Wood waste GW21 Sewage sludge 01 Sewag e sludge GW30 Construction and demolition waste 01 01 Newsprint and magazines GW50 Paper 02 Brown grades 03 White JJrades 04 Mixed grades Polyethylene Terephthalate 01 (PET) 02 Polyvinyl Chloride (PVC) GW51 Plastic Low-density polyethylene 03 {LPDE) 04 Polypropylene {PP) 05 Polystyrene {PS) 06 Other GW52 Glass 01 GW53 Metals 01 Ferrous metal 02 Non-ferrous metal GW54 lyres 01 GW99 Other 01 ANNEXURE4 HAZARDOUS WASTE TYPES FOR REPORTING TO THE SAWIS w 01 I- HW01 Gaseous waste C/J ~ 02 C/J ::::> 0 01 0 HW02 Mercury containing waste 0::: r:s <( :r: HW03 Batteries STAATSKOERANT, 13 AUGUSTUS 2012 No.35583 15 03 N i/Cd batteries Manganese dioxide and alkali 04 batteries Lithium & Lithium ion 05 batteries 06 Nickel-metal hydride batteries 07 Mixed batteries PCB containing waste HW04 POP Waste 01 (>50mg/kg} 02 Other POP-containing waste Liquid and sludge inorganic HW05 Inorganic waste 01 waste 02 Solid inorganic waste 03 Spent pot lining (inorganic} HW06 Asbestos containing waste 01 Asbestos containing waste HW07 Waste Oils 01 Waste oil HW08 Organic halogenated and /or Solvents containing halogens sulphur containing solvents 01 and/or sulphur Liquids and sludges Organic halogenated and/or containing halogens and/or HW09 01 sulphur sulphur containing waste Solids containing halogens 02 and/or sulphur HW10 Organic solvents without halogens Solvents without halogens and sulphur 01 and sulphur Liquid and sludge organic HW11 Other organic waste without 01 waste halogen or sulphur 02 Solid organic waste 03 Spent pot lining (organic) HW12 Tarry and Bituminous waste 01 Tarry waste 02 Bituminous waste HW13 Brine 01 Brine HW14 Fly ash and dust from 01 Fly ash miscellaneous filter sources HW15 Bottom ash 01 Bottom ash 01 Ferrous metal slag HW16 Slag 02 Non-ferrous metal slag 03 Other 01 Foundry sand HW17 Mineral waste 02 Refractory waste 03 Other 01 Large Household Appliances HW18 Waste of Electric and Electronic 02 Small Household Appliances Equipment (WEEE) Office, information & 03 Communication Equipment 16 No.35583 GOVERNMENT GAZETTE, 13 AUGUST 2012 Entertainment & Consumer Electronics and toys, leisure, sports & recreational equipment and automatic 04 issuing machines 05 Lighting equipment 06 Electric and Electronic tools Security & health care 07 equipment 08 WEEE 01 Pathological waste HW19 Health Care Risk Waste 02 Infectious waste and sharps 03 Chemical waste HW20 Sewage sludge 01 Sewage sludge HW99 Miscellaneous 01 Miscellaneous For mixtures, report under the waste type which represents the largest fraction of the waste under consideration. Report under a specific waste type e.g. mercury battery would be reported under mercury battery and not mercury containing waste. ANNEXURE5 WASTE MANAGEMENT METHODS: LIST OF RECYCLING, RECOVERY, TREATMENT AND DISPOSAL (R, R, T & D) CODES FOR CATEGORIZATION Storage/disposal of waste in surface impoundments (e.g. placement of liquid or 03 discards into STAATSKOERANT, 13 AUGUSTUS 2012 No. 35583 17