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NATIONAL WASTE MANAGEMENT STRATEGY

Parliamentary Portfolio Committee on Water and Environmental Affairs30th May 2012

Dr Dhiraj Rama

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NATIONAL WASTE MANAGEMENT STRATEGY - ACMP comments

CONTENTS

1.Introduction ACMP

2.National waste management strategy( NWMS)- an overview

3.Cleaner production in the context of waste management

4.Cement Sector Case Study

5.Recommendations

6.Conclusions

OVERVIEW OF NWMS

CONTEXT UNDERSTANDING HIERARCHY

Cleaner production

GOALS AND TARGETS

Current status

KEY BARRIER:WASTE DEFINTION

Unintended consequencesRecommendations RegulatoryframeworkAlignment

Principles of the NWMS supported by the ACMP

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NWMS: Context

1. National Environmental Management Act;

2. National Strategy on sustainable development;

3. White Paper on Climate change

4. Cleaner Production: http://www.environment.gov.za/projprog/wastemgmt/cleanproduction_pamphlet.htm

5. 1999:NWMS action plan for Integrated Waste Management Planning:

6. 2000: Clean Town Competitions: www.environment.gov.za

7. 2001: The Polokwane declaration on waste management:

8. The Waste Act

Interpretation waste definition: http://www.sawic.org.za/documents/561.pdf

9. Current Regulatory framework:

Permits issued under Environmental Conservation Act recognised

Waste from mining and power generation excluded form Waste definition: GN

1986-24 Aug 1990

Transitional arrangement recognises this exclusion clause

OVERVIEW OF NWMSGOALS AND 2016 TARGETS

1. Promote waste minimisation, re-use, recycling

and recovery of waste.

25% of recyclables diverted from landfill sites. All metropolitan municipalities, secondary cities and large towns

have initiated separation at source programmes. Achievement of waste reduction and recycling targets set in

IndWMPs for paper and packaging, pesticides, lighting (CFLs) and tyres industries

4.Ensure that people are aware of the impact of

waste on their health, well-being and the

environment

80% of municipalities running local awareness campaigns.

80% of schools implementing waste awareness programmes

2. Ensure the effective and efficient

delivery of waste services.

95% of urban households and 75% of rural households have access to adequate levels of waste collection services.

80% of waste disposal sites have permits

3.Grow the contribution of the waste sector

to the green economy

69 000 new jobs created in the waste sector

2 600 additional SMEs and cooperatives participating in waste service delivery

5.Achieve integrated waste management

planning

All municipalities have integrated their IWMPs with their IDPs, and have met the targets set in IWMPs.

All waste management facilities required to report to SAWIS have waste quantification systems that report information to WIS.

6.Ensure sound budgeting and financial

management for waste services

All municipalities that provide waste services have conducted full-cost accounting for waste services and have implemented cost reflective tariffs.

7 Provide measures to remediate contaminated

land.

Assessment complete for 80% of sites reported to the contaminated land register.

Remediation plans approved for 50% of confirmed contaminated sites.

8 Establish effective compliance with

and enforcement of the Waste Act

50% increase in the number of successful enforcement actions against non-compliant activities.

800 EMIs appointed in the three spheres of government to enforce the Waste Act.

NOT ADDRESSED Waste avoidance, reuse and recovery

Application of cleaner production principles

Waste definition interpretation

RecoveryTreatment and disposalRecyclingRe-useWaste avoidance and reduction

UNDERSTANNDING HIERARCHY OF WASTE PRINCIPLES

Supporting outcomes of the Waste Act:

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NWMS: Contextualising Prevention / Minimisation – understanding when a material assumes waste status

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NWMS: Contextualising Prevention / Minimisation

What is Cleaner Production?: http://www.environment.gov.za/projprog/wastemgmt/cleanproduction_pamphlet.htm

It is a continuous application of an integrated preventative environmental strategy applied to processes, and services to increase eco-efficiency and reduce risks to humans and the environment

• The focus of CP is on prevention rather than on treatment requires a change in process management, to• Reduce excess inputs• Better utilisation of non-product output ("waste" and by-products).

What are the benefits? Reduces ecological damage from raw material extraction, refining operations and the risk of emissions during processes

What are the NWMS targets?Some examples: Reduced ecological damage Reduction of waste/landfilling Utilisation of secondary products Energy efficiency optimisation

Objective 1:

Promote waste minimisation in the design, composition, and manufacturing of products

OVERVIEW OF NWMS

Table 6: Goals, objectives, indicators and targets

Goal 1:

Promote waste minimisation, re-use, recycling and recovery

Targets (2016) COMMENTS

Objective 1:

Promote waste minimisation in the design, composition, and manufacturing of products

Full achievement of targets set in the four IndWMPs

This row deals with cleaner production and minimisation of waste generation. Hence targets are incorrectRSA a mining economy: related industrial processes to support minimising of landflling . Eg. use of magnetite in cement production must be part of the Generators IndWMP. Currently being landfilled

Objective 2:

Promote re-use, recycling and recovery

25% of recyclables diverted from landfill sites for re-use recycling or recovery by 2015

Targets and measures for waste minimisation in the paper and packaging industrypesticide industry lighting industry, and waste tyre industry’

The approved tyre IWMP plan has not set targets?

All metropolitan municipalities, secondary cities and large towns have initiated separation at source programmes by 2015.

Recommendation 1

Review Goals and targets in the context of current status quo

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CEMENT SECTOR –A CASE STUDY

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NGO PERSPECTIVE: Campaign Guide to the Waste Framework Directive transposition – opportunities and actions for NGOs. -EEB

 

Illustration of factors to take into account in life cycle analysis (LCA)

EEB is the environmental voice of European citizens standing for environmental justice, sustainable development and participatory democracy:They want the EU to ensure all people a healthy environment and rich biodiversity. 

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INTERNATIONAL PRACTICE

TRADED AS PRODUCTS AND NOT WASTE

European Union•Waste, Byproduct and recovery definition:

• Adopted from EU directive• Appropriate criteria established to inform when a substance or object assumes waste status• Appropriate criteria established to confirm when a waste ceases to be waste

U.S.A:•Waste definitions at federal level

• Co-productAustraliaReady and intended for imminent use•RSA:Definition of waste, byproduct, and recovery too restrictive resulting in substances or objects regarded as products internationally to be classified as waste

Consequences: Waste definition

• Sources of raw materials for cement production:• Mining• Secondary products from mining/industrial process

• Challenges to sustainable development • Secondary products from mining/industrial process considered as waste in terms of current

definition

UNINTENTIONAL CONSEQUENCE: CEMENT CLASSIFIED AS WASTE

OVERVIEW OF NWMS

Definition of Waste

DEA has published its intended interpretation of the definition of waste and by-product as used in the Waste Act to help stakeholders understand the Department’s intentions.

BUT

Still poses a challenge

WASTE DEFINITION: CONSEQUENCES OF MISINTERPRETATION

Industry Primary Product

Co-Products

Natural Resource conservedEquivalent Product / Material

Steel GBFS Ore

Electricity Fly Ash Limestone / Pozzolan

Steel Coal Char Low Grade Coal

Electricity Boiler Ash Kaolin / Shale

Ferro Vanadium

Magnetite Iron Ore

Gas Purification

Synthetic Gypsum Natural Gypsum

Steel Furnace Dust Granules(FDG)

Iron Ore

Recommendation 2

Remove legislative barriers that are counter-productive to implementation of the hierarchy of waste principles

BUILDING THE PILLARS TO ENABLE IMPLEMENTATION OF NWMS

The waste definition must allow recognition for implementing cleaner production,

innovation and other EIA approved technologies to confirm end of waste status and an improved understanding on when a product assumes waste status.

  The ACMP further recommends that the

Department reconsider the following definitions to enable implementation of the waste hierarchy in the context of international developments: Waste; By product; Prevention; and Recovery.

  The current interpretation of the

definition (in the interim) should be revised. Many countries in the world have agreed

sectoral interpretations to ensure that there is a sound understanding of when a product assumes waste status and when a product ceases to be a waste.

South Africa has embraced the GHS (Global harmonizing system) and direction can be sought from the global approach to inform the revised definition.

Key criteria that must be included to inform an approach (can be adopted form EU for example)

Substances cease to be a waste when they meet all the criteria specified.

Examples for cement raw materials stated above are currently deemed to be a waste in South Africa BUT are not managed as waste internationally as they meet all the criteria.

It is abundantly evident that the materials are managed through environment best practice and in fact have a positive impact as they reduce mining of non renewal resources as well as energy consumption. Their use also has positive mitigating outcomes to GHG emissions.

INTERNATIONAL APPROACH

UNDERSTANDING PRODUCT VS WASTE STATUS

Table reflecting examples of valuable resource supply chain for cement production

Recommendation 3

 Amendments to the Waste Act to address:Waste related definitionsProposed additional definitionsGeneral matters for Regulations

PROPOSED DEFINITIONS

 

It is recommended that the Waste Act be amended as a matter of urgency to along the lines set out below:

"waste" means any substance, whether or not that substance can be reduced, re-used, recycled and recovered-(a)for which no-one has further use for the purposes of production; or

(c) that must be disposed of; or

(d) 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;

(ii) any substance that was not classified as waste in terms of the ECA retains its non-waste status; and

(iii) any portion of waste, once re-used, recycled or recovered, ceases to be waste;

 

"by-product" means a substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste but as being a by-product only if the following conditions are met:

(a) further use of the substance or object is certain;

(b) the substance or object can be used directly without any further processing other than normal industrial practice;

(c) the substance or object is produced as an integral part of a production process; and

(d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts

 

“recovery” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfill a particular function, or waste being prepared to fulfill that function, in the plant or in the wider economy

ADDITIONAL DEFINITIONS FOR INCLUSION IN THE WASTE ACT

  

“prevention” means measures

taken before a substance, material

or product has become waste that

reduce:

the quantity of waste, including

through the re-use of products or

the extension of the life span of

products;

the adverse impacts of the

generated waste on the

environment and human health; or

the content of harmful substances

in materials and products

 

“ready and intended for imminent

use”: Waste will remain waste until

it can be demonstrated that it

constitutes a product that is ready

and intended for imminent use

without the need for further

treatment to prevent any

environmental harm.

 

“co product”: material generated by

a manufacturing or production

process, or an expended material, of

a physical character and  chemical

composition that is consistently

equivalent to the physical character

and chemical composition of an

intentionally manufactured product

or produced raw material, if the use

of the material presents no greater

threat of harm to human health and

the environment than the use of the

product or raw material  And/or?

Is this as a result of applied mitigation

or chemical characters?

ADDITIONAL ITEM FOR INCLUSION IN CHAPTER 8,GENERAL MATTERS, PART 1 REGULATIONS

 

69. (1) The Minister may make regulations regarding

(a) a waste protocol that confirms an end of waste status for materials, objects or substances that have a beneficial use.

 International harmonisation: The Department take note of the European definition of waste and related products as it has been subjected to a robust public participation process as well as subsequent court actions.

CONSEQUENCES OF NOT AMENDING THE DEFINITIONINFRASTRUCTURE – END OF WASTE STATUS COMPROMISED

CONSEQUENCES OF NOT AMENDING THE DEFINITION

 Unforeseen negative consequences to Green economy strategy Construction All concrete products are

rendered as waste: buildings, dams, roads, etc

Agriculture: Many products currently deemed as waste and hence application of these substances to agricultural land deemed to be waste receptors and hence the land can be considered a waste site

Mining: Discourage use of products classified as waste

resulting in increased use of non-renewable resources (eg. Coal combustion products replacing shale and clinker in cement)

Many Coal combustion products can be used effectively to remediate old mines, but this is now considered as depositing waste in mines

Possible constraints to:Beneficiation strategyIndustrial policy and action plan Job creationInnovation as the current definitions allow for only

recycling and recovery processes to influence the status of waste

Biofuel strategy

CONSEQUENCES OF AMENDING THE WASTE ACT

 Align to International Environmental best practice: Adopt the Global harmonizing system Harmonization of international trade Avoid regulatory administrative barriers

without compromising already existing environmental regulatory obligations.

Retaining these substances as waste will not render a different approach to management thereof. The current EIA regulations suffice to ensure management of these substances both in terms of protecting the environment as well as managing our non-renewable natural resources.

Retaining these substances as waste cannot be justified and adds no value in both terms of

Environmental protection and/or improvement of the environment, or

Sustainable development. Barrier to the efficient implementation of

various national programmes. Examples: Industrial policy and action plan (IPAP) Green economy Biodiesel strategy Climate change strategy Sustainable development strategy Transboundary movement as product in

line with International practice

CONCLUSION

1. The Department of Environment consider amendments to the Waste Act to ensure guidance to

when a substance assumes waste status; and conversely When a substance ceases to be a waste

1. In the interim, the interpretation of the definition of waste and by products be revised sectorally to allow for sustainable use of secondary products.

1. Consider a sectoral approach to fast track implementation in terms of the hierarchy of waste principles

1. The purpose of amendments is not to avoid regulating these products: The EIA regulatory framework is adequate to manage these substances Classifying the substances as waste will not add value but will merely add

administrative burden without any positive impact to the environment. In the case of cement sector, all products comply with SABS/EU specifications

Thank you!