NATIONAL WASTE LEGISLATION: INTEGRATED INDUSTRY WASTE MANAGEMENT PLANS

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NATIONAL WASTE LEGISLATION INTEGRATED INDUSTRY
WASTE MANAGEMENT PLANS

• City of Cape Town Waste Summit 11th March 2009

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Legislation Breaking News

• On the 10th March 2009 the Waste Bill became an
  Act
• This Act will change the manner in which waste in
  managed in the country
• Focus is on waste minimization, recycling and
  recovery
• Changing the permitting of disposal to the
  licensing of waste activities (storage, waste
  recovery, reuse and treatment)
• Environmental authorization (waste license) is
  not duplicated through the listing notices of the
  EIA regulations
• Provides for IWMP for industries or
  municipalities
• Provides for the legislation of a WIS
• Provides for the remediation of contaminated land
  

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Legislation Waste Hierarchy

• Waste hierarchy is the underlying principle of
  the Waste Act
• Concept is included in the preamble of the Act
• requires waste to be avoided, where is cannot be
  avoided, that it is reduced, re-used, recycled or
  recovered and only as a last resort may it be
  treated and safely disposed of
• Concept is included in the objectives of the Act
• Requires the minimization of the consumption of
  natural resources, avoiding the generation of
  waste, applying the waste hierarchy to the
  management of waste
• achieving integrated waste management reporting
  and planning

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Legislation Planning Tools

• Planning framework for managing waste i.t.o the
  waste hierarchy is provided for through the
  development of a NWMS to be developed 2 years
  after promulgation
• Planning requirements
• Setting objectives, plans, guidelines, systems
  procedures for environmental protection including
  the avoidance, minimization and recovery of waste
  
• may include targets for waste reduction
• Is required to be reviewed at intervals of not
  more than five years

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Legislation tools for implementation

• May set National Norms and Standards for
• waste minimization, re-use, recycling recovery
  of waste
• separation of waste at the point of generation
• extended responsibility
• Waste service standards
• In exercising its executive authority
  contemplated in subsection (1), a municipality
• may amongst other things, set local standards for
  the separation, compacting storage of solid
  waste

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Legislation tools for implementation

• Each municipality must submit an IWMP for
  approval of the MEC
• The plan must at least contain
• a situation analysis describing the services that
  are provided/available for the collection,
  minimization, re-use, recycling and recovery,
  treatment and disposal of waste
• How authorities will give effect to the objects
  of the Act
• Provisions for the implementation of waste
  minimization, re-use recycling and recovery
  targets and initiatives

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Legislation tools for implementation

• The Act provides two tools for use to enforce or
  support the development of industry waste
  management plans (IWMP) for selected waste
  streams
• Chapter 4 part 1 provides for the
  identification of priority waste streams, then
  allows the Minister to set waste management
  measures (enforced)
• Chapter 4 part 7 provides for the Minister to
  request a person or industry group to develop an
  Industry Waste Management plan for approval
  (supported)
• Consequence of identifying a priority waste
  include - posing restrictions on import,
  manufacture, process, sell or export a priority
  waste or product that is likely to result in the
  generation of a priority a waste unless it
  complies with the approved IWMP

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Legislation tools for implementation

• The Act makes provision for implementing extended
  producer responsibility by providing for
• The identification of a product or class of
  products to which extended producer
  responsibility applies
• Provides for management tools including
• Specifying extended producer responsibility
  measures to be taken in respect of identified
  products or class of products
• identifying the person or category of persons who
  must implement the extended producer
  responsibilities measures

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Legislation comment

• Not the first management tool that makes
  provision for waste minimization
• Provisions for waste minimization also found in
• The IPWM policy
• Polokwane declaration
• 1999 NWMS
• Minimum Requirements
• Where are we

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Legislation to promote recycling

• The plastic regulations bag 2004 sets of
  government levy on flat carrier bags
• Bag usage reduced significantly
• 2003/2004 production figures - 5 billion
• 2006/2007 production figures - 3 billion
• Revenue generated
• No identified increase in recycling of plastic
  bags

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Legislation to promote recovery of waste

• Producer responsibility initiative supported by
  legislation
• Promulgated in March 2009 will come into effect
  August 2009 contributes to waste tyre recycling
  and recovery
• Producers, importers and stockpile owners need to
  register with the Minister
• Requires producers importers to have or
  register with an existing IIWTMP
• Makes provision for the approval of IIWTMPs
  (management of tyres i.t.o waste hierarchy,
  sustainability, standards)
• Restricts the disposal of whole tyres to landfill
• Gazetted a National Policy on high temperature
  waste incineration and AFR co-processing in
  cement kilns
• Supports both technologies and set operational
  requirements

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Waste Management Status quo

• Large waste stream 2004-2005 Ekurhuleni disposed
  of 1.2 million tons of MSW/annum increasing by 6
  annually
• NWMS base line studies between 15 17 million
  for the country
• No reliable national waste figures
• Significant cost for managing waste collection
  disposal

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Waste Management Status quo

• In SA almost all waste is disposed to landfill
• Large landfill rates low recycling

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Waste Minimization status quo

• SA is recycling packaging paper industry
  record a 40.8 recycling rate (comparable? Same
  baseline, general hazardous)
• Limited recycling at source
• Waste is predominantly picked from landfill
• Health and safety impacts
• Management impacts on operations
• Reduces value contaminated
• Limits the amount that can be recycled
• No public awareness or personal responsibility

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Waste Minimization status quo

• WC is recycling at source to an extent
• Hermanus (Overstand in July) recycling at
  source
• Mossel Bay (blue bag system)
• Mamsbury dirty MRF
• CT - Pilot project (yellow bags in Athlone)
• CT - Waste Plan (Somerset West, Strand others)
• CT Marina de Gama
• CT - Wasteman (clean industrial waste)
• Cape Town - Athlone
• Financially supported by Municipality or paid for
  by industry
• Waste recycling at source at MRFs generally
  not sustainable
• Some levy systems in place, plastic bag and PET

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Waste Minimization where do we want to be

• Move waste management up the waste hierarchy -
  divert waste from landfill
• See waste as a resource
• Significant increase in recycling rates over
  all sectors
• Set and meet recycling targets
• Determine the reporting baseline
• Recycling at source clean recyclables
• Stable and safe jobs created off landfills
• Sustainability recycling market - weather
  fluctuations
• Improve the standards of recycling entire
  operation
• Great awareness of citizens of their
  responsibility to generate less waste and to
  recycle reduce litter
• Utilize the energy potential of waste not
  recycled

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Initial discussions with industry

• The Packaging industry approached DEAT in 2006 to
  request legislation to enforce separation at
  source
• Intended that separate collection be financed by
  Municipalities as part of their constitutional
  duty to collect waste
• EMCA or MOU to manage reporting
• DEAT not in favour of MOUs
• To see how other countries have achieved
  recycling targets of 70 DEAT undertook a quick
  dirty desk top study of recycling in selected
  countries
• Study tour to Australia to view recycling of
  municipal waste and the management of residues
  and waste containers from the pesticide industry
• Recently also visited recycling initiatives in
  the WC

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Waste Minimization EU

• EU - Directive 94/62/EC on Packaging Packaging
  Waste - one of a number of product-specific waste
  Directives that emerged from the EUs 5th
  environmental Action programme where certain
  waste streams were designated Priority waste
  steams and become subjected to specific action
• Packaging waste was first priority waste steams
  with end of life vehicles and waste electronics
  following
• The objective of the Directive is to reduce the
  quantity of packaging waste disposal of, with
  priority given to prevention and reuse of
  packaging where possible
• Focus of the Directive is Article 6 - sets
  mandatory recovery recycling targets for June
  2001 2008 for Member States
• Targets have since been revised

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EU packaging directive
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UK Implementation

• Directive written into UK law in 1997 through the
  Producer Responsibility Obligations (Packaging
  Waste) Regulations 1997.
• The regulations impose recovery recycling
  obligations on all UK businesses with a turnover
  gt2 million who handle gt50 tonnes of
  packaging waste/annum are producers as per
  definition
• Obligations
• the registration obligation - Producers must
  register with an Agency by 7 April each year, pay
  a fee, provide data on the amount of packaging
  handled by the producer in the previous year.
  Producers with turnovers exceeding 5 million
  must also provide a compliance plan outlining the
  steps they intend to take to meet their recovery
  and recycling obligations.
• the recovery recycling obligations -Take
  reasonable steps to carry out specified tonnages
  of recovery and recycling of packaging waste

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UK Implementation

• the certifying obligation. At year end, provide
  the Agency with a certificate of compliance
  indicating if recovery recycling obligations
  have been met
• the consumer information obligations. Businesses
  whose activity is selling must also carry out
  consumer information obligations
• Producers may choose to discharge these
  obligations individually, or they may join an
  Agency-registered compliance scheme that will
  meet obligations on their behalf
• The recovery and recycling obligations are
  calculated using three factors
• the tonnage of packaging handled by the
  business
• the percentage activity obligation that is
  applied to the relevant activity performed by the
  producer on packaging
• the business recovery or recycling target for the
  UK that year

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UK Implementation

• The business also has a min recycling obligation
  on each material
• A Packaging Waste Recovery Note (PRN) was
  developed to allow to enable producers and
  compliance schemes to demonstrate compliance with
  their obligations
• PRNs are issues by accredited reprocessors who
  receive the waste and are paid additional to the
  treatment costs for the issuing of PRNs, they
  are required to use this revenue steam to fund
  recovery infrastructure

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Italy Conai

• The principle legislation relating to the
  management of waste in Italy was the introduction
  in 1997
• This decree has three key policies
• The introduction of a compulsory source
  segregation targets for MSW at local authority
  level, with a requirement to achieve 15, 25 and
  35 source segregation on a progressive basis
  over the period 1998 2003. Each regional was
  required to prepare a regional plan.
• Delivery of waste services through public bodies
  know as ATOs. Each ATO is funded directly be
  the local authorities and the ATO is responsible
  for defining the services required to manage the
  waste stream and achieve targets in line with the
  regional plan.

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Italy Conai

• To meet the targets Italy has establish packaging
  legislation requiring Producers and Users to
  be responsible for the correct management of
  packaging waste.
• Producers and Users are obliged to
  participation in a program for the management of
  packaging waste on a national basis called CONAI,
  (the Conzorzio Nazionale Imballaggi National
  Packaging Consortium). CONAI
• CONAI is a non profit public body appointed by
  the state including representatives from the
  recycling sector has over 1.4 million members,
  all packaging producers users are represented

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Italy Conai

• The aim of the consortium is to being about an
  integrated packaging waste management system
  based on recovery recycling.
• The CONAI system is integrated with the
  activities of six materials consortia that
  register the producers and importers of packaging
  (steel, aluminum, paper, wood, plastics and
  glass).
• Annual targets for the recycling or recovery of
  individual packaging materials are set by CONAI
• The scheme is financed through an eco-tax applied
  to all packaging. The scheme has been very
  successful - Italy met directive targets met and
  in excess of 250 million annually, and a
  proportion of this is set aside for the
  development of new management infrastructure for
  packaging wastes.

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Italy Conai

• Calculation of the tax
• All Producers and Users must enroll with CONAI
  and pay a once off fixed enrolment fee
  supplemented by an increment that varies in
  proportion to the overall company revenue and
  results in the acquisition of shares in the
  Consortium.
• CONAI sets an Environmental contribution for each
  packaging material. Producers and Users can
  share the costs of separate collection and the
  recovery and recycling of primary, secondary and
  tertiary packaging.
• The contribution is levied at the moment of
  first assignment i.e. when finished packaging
  changes hands from the last producer to the
  first user

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What DEAT concluded

• Internationally industry pays for the management
  of their waste through levies place on the sale
  of their products
• Schemes vary but principles remain
• Recycling targets are set for various packaging
  waste stream usually a general target then a
  product specific target
• Targets are legislated
• Collection is generally at source and drop off
  for larger items
• Could be through the municipal system or contract
  out
• Landfill or treatment costs are elevated to
  provide an separation incentive
• Separated recyclables are sent to sorting
  stations
• Reporting is mandatory legislated

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Current DEAT/Packaging discussions

• Agreement from the packaging paper sector to
  move to producer responsibility sectors pays
• Implementation plan will be detailed in an IIWMP
  for the sector for approval of the Minister
• IIWMP will be drawn up with due consideration to
• Waste management a municipal competency
• initiatives currently ongoing
• Meeting required management and operational
  standards while ensuring lowest levy
• Competition law requirements
• No free riders
• DEAT to promote the development of the IIWMP
• DEAT will support the IIWMP with legislation as
  required
• Will assist to explore funding options for a
  pilot

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Initial thinking

• Packaging Paper sector funded a UK expert in
  packaging legislation and systems to visited SA
• Consider what is required
• How it could work
• Where levy could be placed in the market
• Cost further work
• DEAT expecting a further plan and time frame from
  the sector on the next steps

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Initial thinking

• Assessment and costing and support need for
  various collection and separation systems
• Assessment of the best place for the levy
• Set interim recycling target
• Identify two municipal areas for pilot and
  consult
• Prepare business plan and financial proposal
• Identify funding sources
• Implement

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Initial thinking

• Based on outcome
• Confirm collection and separation system
• Confirm levy, collection and distribution
• Confirm recycling and recovery targets
• Develop regulations as required
• Set levy
• Finalise IIWMP
• Roll out

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Thank you for your attention