Waste Removal By-law, 2016
- Published in KwaZulu-Natal Provincial Gazette 1722 on 25 August 2016
- Commenced on 25 February 2017
- [This is the version of this document from 25 August 2016 and includes any amendments published up to 10 August 2023.]
PreambleWHEREAS everyone has the right to an environment that is not harmful to their health or well-being in terms of section 24(a) of the Constitution;WHEREAS one of the objects of the eThekwini municipal council is, in terms of section 152(d) of the Constitution, the promotion of a safe and healthy environment;WHEREAS there is a need to regulate waste removal within the area of jurisdiction of the eThekwini Municipality in order to ensure a safe and healthy environment;WHEREAS the Municipality has the competence in terms of Part B of Schedule 5 of the Constitution to control refuse removal, refuse dumps and solid waste disposal;AND WHEREAS the eThekwini municipal council has competence, in terms of section 156 (2) of the Constitution of the Republic of South Africa, to make and administer by-laws for the effective administration of the matters which it has the right to administer;NOW THEREFORE the eThekwini municipal council, acting in terms of section 156 read with Part B of Schedule 5 of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context indicates otherwise–"accommodation establishment" means an accommodation establishment as defined in the Municipality’s Accommodation Establishment By-law;"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to─(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and contractors of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"authorised waste removal contractor" means–(a)a private waste removal contractor who has been contracted by the Municipality to provide waste removal services on behalf of the Municipality; or(b)a private waste removal contractor who holds a permit from the Municipality authorising it to contract directly with waste generators to provide waste removal services for its own account;"beach" means the portion of land above and contiguous to the seashore and includes any grass verge (where such verge exists);"bed and breakfast" means an accommodation establishment, as defined in the Municipality’s Accommodation Establishment By-law;"building waste" means any waste produced during–(a)excavation; or(b)the construction, alteration, repair or demolition of any structure,including building rubble, earth, vegetation and rock displaced during these activities;"bulk waste container" means a container designed for the temporary storage of waste, with a capacity of more than 2m3 and less than 6m3, whether supplied with wheels or not, and which complies with–(a)South African Bureau of Standards specification 493-1973: Steel waste bins; or(b)South African Bureau of Standards specification 1310-1980: Waste bins of polymeric materials"bulky waste" means domestic waste or business waste which, by virtue of its mass, shape, size or quantity, cannot be conveniently–(a)stored in a waste container; or(b)removed as part of the Municipality’s normal domestic or business waste removal service;"business waste" means waste generated on premises used for non-residential purposes and includes waste generated by informal traders and waste generated on residential premises from which business activities are undertaken, regardless of whether or not these activities are lawful, but excludes:(a)bulky waste;(b)building waste;(c)garden refuse;(d)hazardous waste;(e)industrial waste;(f)health care waste;(g)recyclable waste; and(h)special industrial waste;"domestic waste" means waste typically generated on residential premises, including the manure or dung of any animal or bird kept as a domestic pet, but excluding–(a)sand;(b)earth;(c)liquid matter;(d)garden refuse;(e)the carcass of any animal; and(f)special domestic waste;"dump" means to dispose of waste in a manner which is not permitted by this By-law and includes the depositing, discharging, dropping, spilling, releasing or storing of waste in or at any place, whether publicly or privately owned, including but not limited to–(a)a public place;(b)a public road;(c)a sewage or storm water system;(d)a vacant erf;(e)the beach or the seashore; and(f)a water resource;"event" means any sporting, entertainment, cultural, religious or other event that is held within the Municipality;"event organiser" means any person who plans, is in charge of, manages, supervises or holds an event or sponsorship rights to an event or in any manner controls or has a material interest in the hosting of an event, as defined in the Safety at Sports and Recreational Events Act, 2010 (Act No. 2 of 2010);"event waste" means waste generated by or at an event, or from activities related to an event, regardless of whether or not the event takes place on private or public property;"garden refuse" means waste of an organic origin which is generated as a result of normal gardening activities on any premises, such as–(a)grass cuttings;(b)leaves;(c)plants;(d)flowers;(e)weeds; and(f)the clippings of trees, hedges or fences: Provided that this excludes branches with a diameter exceeding 40 mm;"garden refuse site" means a site provided by the Municipality for the disposal and temporary storage of garden refuse at the discretion of the Municipality;"guest house" means an accommodation establishment, as defined in the Municipality’s Accommodation Establishment By-law;"hazardous waste" means any waste that contains organic or inorganic elements or compounds that may, owning to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment, as defined in the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);"Head of Department" means the person appointed as head of the municipal department responsible for cleansing and solid waste matters;"health care waste" means waste generated by a hospital, clinic, nursing home, doctor’s rooms, medical laboratory, research facility, dental practitioner, medical practitioner, traditional healer, traditional surgeon, veterinarian or any other place where health care waste which is infectious or potentially infectious is generated, and includes but is not limited to─(a)microbial waste which can cause disease in humans, including but not limited to cultures, stocks and associated biologicals;(b)human blood and blood products, including but not limited to serum, plasma and other blood components;(c)pathological waste of human origin, including but not limited to tissues, organs and body parts removed during surgery or autopsy;(d)contaminated animal waste including but not limited to animal carcasses, body parts and bedding which has been exposed to infectious agents;(e)isolation waste associated with human beings or animals known to be infected with highly communicable diseases;(f)contaminated and uncontaminated sharps, including but not limited to clinical items which can cause a cut, puncture or injection, such as needles, syringes, blades and microscope slides;(g)used medical equipment and other medical material which is capable of or is reasonably likely to be capable of causing or spreading disease or causing or spreading infection, including but not limited to used surgical dressings, swabs, blood bags, laboratory waste, blood collection tubes, colostomy and other catheter bags, gloves, drip bags, administration dines and tongue depressors;(h)pharmaceutical products, including but not limited to human and animal vaccines, medicine and drugs; and(i)genotoxic chemical waste and radio isotopes from experimental or diagnostic work or any other source;"industrial waste" means waste in solid form generated as a result of manufacturing, maintenance, fabricating or dismantling activities, as well as the activities of railway marshalling yards, including waste of this nature which is generated from a residential premises as a result of a business activity, regardless of whether or not the activity is being lawfully conducted from those premises, but does not include building waste, business waste, domestic waste or special industrial waste;"municipal council" or “council” means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution;"Municipality" means the eThekwini Municipality, a category A Municipality as envisaged in terms of section 155(1) of the Constitution of South Africa and established in terms of Provincial Notice No. 343 of 2000 (KZN);"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council;"mutagen" means a physical or chemical agent that increases the frequency of mutations by changing the genetic material of an organism;"occupier" includes–(a)any person, including the owner, in actual occupation of premises regardless of the title under which he or she occupies those premises, if any; and(b)in the case of premises let to more than one tenant, the person who receives the rent payable by the tenants, whether for his or her own account or as an agent for a person entitled to the rent;"owner" means─(a)the person who is the registered owner of the premises in the relevant Deeds Office;(b)where the registered owner of the premises is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration and control of his or her property is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in any case where the Municipality is unable to determine the identity of such person, a person who is entitled to the benefit of the use of the premises or a building or buildings on the premises;(d)in a case where such premises have been leased for a period of 30 years or longer, the lessee of the premises; or(e)in relation to–(i)a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986) as common property, the developer or the body corporate in respect of the common property; or(ii)a section as defined in the Sectional Titles Act, the person in whose name such section is registered under a sectional title deed, and includes the lawfully appointed agent of such a person;"public place" means─(a)a public road;(b)a public parking space; or(c)any square, park, recreation ground, sports ground, beach, shopping centre, municipal cemetery, open space, or vacant municipal land which is vested in the Municipality, or in respect of which the public has the right of use, or which is shown on a general plan of a township filed in the deeds registry or a SurveyorGeneral’s office as having been provided for the use of the public or the owners of erven in such township;"public road" means any road, street or thoroughfare or any other place, whether a thoroughfare or not, which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes─(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare; and(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"premises" means any erf or land, building, room, structure, tent, van, vehicle, stream, lake, dam, pool, lagoon, an opened, covered or enclosed drain or ditch , whether improved or not and whether public or private;"recyclable waste" means any waste intended for recycling or a remanufacture process and which is separated from other waste and managed as a potential resource by the waste generator or someone acting on his or her behalf;"recycling" means the collection, selection or removal of waste for the purpose of reselling or re-using selected materials in a manufacturing, remanufacturing or other process;"residential premises" means premises occupied for the purposes of human habitation, but excludes an accommodation establishment as defined in the Municipality’s Accommodation Establishment By-law;"seashore" means the seashore as defined in the National Environmental Management: Integrated Coastal Management Act , 2008 (Act No. 24 of 2008);"skip" means a container, with a capacity of between 6m3 and 18m3, designed for the temporary storage of waste and to be loaded onto a truck for removal, rather than being emptied on site;"special domestic waste" means domestic waste which cannot by virtue of its mass, shape or size be conveniently–(a)stored in a waste container; or(b)removed as part of the Municipality’s normal domestic waste removal service;"special industrial waste" means waste consisting of a liquid or sludge, resulting from–(a)a manufacturing process; or(b)the pre-treatment, for disposal purposes, of any industrial liquid waste, which, in terms of the Municipality’s Sewage By-law, may not be discharged into a sewer without the consent of the Municipality, which consent has not been granted;"tariff charge" means the prescribed charge for any service provided by the Municipality in terms of this By-law as set out in the tariff of charges adopted by resolution of the council;"venue owner" means a person who owns, manages or is entitled to exercise the rights of an owner or occupier of a venue used for events, as defined in the Safety at Sports and Recreational Events Act, 2010 (Act No. 2 of 2010);"waste" means any substance, as defined in the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), whether or not that substance can be reduced, re-used, recycled and recovered─(a)that is surplus, unwanted, rejected, discarded, abandoned or disposed of;(b)which the generator has no further use of for the purposes of production;(c)that must be treated or disposed of; or(d)that is identified as waste by the Minister of Water and Environmental Affairs 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; and(ii)any portion of waste, once re-cycled and recovered, ceases to be waste;"waste bin" means a container designed for the temporary storage of waste, with a capacity of less than 2m3, whether wheeled or not, and which complies with–(a)South African Bureau of Standards specification 493-1973: Steel waste bins; or(b)South African Bureau of Standards specification 1310-1980: Waste bins of polymeric materials;"waste container" means either a waste bin, a bulk waste container or a skip;"waste disposal site" means a site, excluding a garden refuse site, for the disposal of waste and which site may be owned or set aside by–(a)the Municipality; or(b)a private person and operated by that person in terms of a permit or licence issued by a responsible authority;"waste generator" means any person who, or entity which, generates or produces waste and includes–(a)the occupier of any premises on which waste is generated; and(b)in the case of premises which are occupied by more than one person, the owner of that premises;"waste removal service" means the collection and removal of domestic, garden, industrial and business waste as provided for in this By-law; and"water resource" means a river, spring or natural channel in which water flows regularly or intermittently, a wetland, lake or dam into which of from which water flows, surface water, an estuary or aquifer and includes any borehole, structure, earthwork or equipment installed or used for or in connection with the storage, distribution, provision or use of water.
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
3. Objects of By-lawThe objects of this By-law are to–
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.
Domestic and business waste
5. Domestic and business waste removal service
6. Waste bins and bulk waste containers
7. Waste containers supplied by Municipality
8. Waste storage areas
9. Waste collection day
10. Prohibited use of waste containers
11. Notice to Municipality of new waste generators
12. Notice to Municipality of changed circumstances
13. Disposable plastic bags and waste containers for domestic waste
14. Tariffs: domestic and business waste removal
15. Home businesses: tariff charge for business waste
Garden refuse, special domestic waste and bulky waste
16. No garden refuse, special domestic waste or bulky waste removal by MunicipalityThe Municipality is not obliged to collect and remove garden refuse, special domestic waste or bulky waste.
17. Garden refuse, special domestic waste or bulky waste removal
18. Garden refuse sites
19. Disposal of special domestic waste and bulky wasteSpecial domestic and bulky waste must, once it has been removed from the premises on which it was generated, be deposited at a waste disposal site, against payment of the tariff charge.
20. Municipality’s special serviceAt the request of the waste generator and against payment of the applicable tariff charge, the Municipality may, in its discretion, remove garden refuse, special domestic waste or bulky waste from any premises.
21. No industrial waste removal by MunicipalityThe Municipality is not obliged to collect and remove industrial waste.
22. Industrial waste removal
23. Waste bins and bulk waste containers: industrial waste
24. Waste storage areas: industrial wasteWaste generators must–
25. Municipality’s special service: industrial wasteAt the request of the waste generator and against payment of the applicable tariff charge, the Municipality may, in its discretion, remove industrial waste from any premises.
Special industrial waste, hazardous waste and health care waste
26. No special industrial waste, hazardous waste and health care waste removal by MunicipalityThe Municipality is not obliged to collect and remove special industrial waste, hazardous waste or health care waste.
27. Special industrial waste, hazardous waste and health care waste removal
28. Waste bins and bulk waste containers
29. Special industrial waste, hazardous waste and health care waste storage areas
30. Notification of generation of waste
31. Special industrial waste, hazardous waste and health care waste removal service
32. No building waste removal by MunicipalityThe Municipality is not obliged to collect and remove building waste.
33. Building waste removal
34. Storage of building wasteThe waste generator and the building contractor whose activities produce the building waste must ensure that–
35. Disposal of building waste
36. Responsibility for event waste
37. Integrated waste management plans for events
Waste management plans
38. Integrated waste management plans
39. Exemptions from submitting an integrated waste management plan
Recycling, re-use, sorting and reduction of waste
40. Recycling, re-use, sorting and reduction of waste
Waste disposal sites
41. Waste prohibited at municipal disposal sites
42. Conduct at municipal disposal sites
43. Waste suitable for useNotwithstanding anything contained in this By-law, no charge is payable when a person wishes to deposit at a waste disposal site controlled by the Municipality any waste approved by the Municipality as suitable for top cover, road surfacing or other purposes connected with the waste disposal site.
Private waste removal contractors
44. Private waste removal contractors
45. Accumulation of waste
46. Waste needing special treatment
47. Access to premises
48. Transporting of waste
Offences and penalties
49. Dumping: general
50. Dumping on private land
51. Dumping: whistle blowing
52. Dumping: naming and shaming
53. OffencesA person is guilty of an offence under this By-law if he or she–
55. Ownership of wasteAll waste removed by the Municipality and all waste deposited at waste disposal sites controlled by the Municipality is the property of the Municipality.
58. Repeal of laws and savings
59. Short title and commencementThis By-law is called the eThekwini Municipality Waste Removal By-law, 2016 and takes effect six months from the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
History of this document
25 February 2017