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Wastewater and Industrial Effluent By-law, 2013
- Published in Western Cape Provincial Gazette no. 7227 on 7 February 2014
- Commenced on 7 February 2014
- [This is the version of this document from 7 February 2014 and includes any amendments published up to 6 May 2022.]
PreambleWHEREAS the Constitution gives everyone the right to an environment that is not harmful to their health and well being, and the right to have the environment protected through reasonable legislative and other measures that prevent pollution and ecological degradation;WHEREAS the Constitution empowers municipalities to make by laws and to administer the local government matters listed in Part B of Schedules 4 and 5 of the Constitution;WHEREAS the Water Services Act, 1997 (Act No.108 of 1997) empowers the City to perform functions and to act as a Water Service Authority;AND WHEREAS the City of Cape Town seeks to enforce its powers of control over activities linked to disposal of wastewater and industrial effluent;NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:-
1. DefinitionsIn this by law, unless the context indicates otherwise –"authorised official" means any employee of the City who is responsible for the performance of any function or the exercise of any power in terms of this by law, and includes any employee of the City delegated to perform any function or exercise any power in the implementation of this by law;"City" means the City of Cape Town established by Government Notice No. 479 of 2000 in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"combined private sewer" means a conduit for conveying sewage from two or more immovable properties to a public sewer, septic tank or conservancy tank and includes all things of whatsoever nature necessary in connection therewith;"Council" means –(a)the Municipal Council of the City established by Provincial Notice 479 of 2000 issued in terms of section 12 of the Local Government: Municipal Structures Act, 1998, (Act 117 of 1998);(b)a successor in title;(c)a structure or person exercising a delegated power or carrying out an instruction where any power in this By law has been delegated or sub delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000, (Act 32 of 2000);"domestic sewage" means the wastewater emanating from a domestic dwelling;"drain" means that portion of the drainage installation that conveys sewage within any premises;"industrial effluent" means any liquid whether or not containing matter in solution or suspension, which is given off in the course of or as a result of any industrial trade, manufacturing, mining or chemical process or any laboratory, research, service, or agricultural activity, and includes matter discharged from a waste grinder;"illegal disposal" means the unauthorised burial, deposit, discharge, abandoning, dumping, placing or release of any waste into, or onto any land or water area in the jurisdiction of the City;"medical waste" includes—(a)any waste, whether infected or not, resulting from a medical, surgical, veterinary or laboratory procedure on humans or animals, such as blood, body fluids, tissue, organs, body parts, extracted teeth, corpses excluding corpses intended for burial in terms of the Births and Deaths Registration Act, 1992 (Act 51 of 1992);(b)used medical equipment and other medical material which is capable or is reasonably likely to be capable of causing or spreading disease or causing or spreading infection, such as used surgical dressings, swabs, blood bags, laboratory waste, blood collection tubes, colostomy and catheter bags; gloves, drip bags, administration lines and tongue depressors;(c)contaminated and uncontaminated sharps, including clinical items which can cause a cut or puncture or injection, such as needles, syringes, blades and microscope slides;(d)pharmaceutical products, which have become outdated or contaminated or have been stored improperly or are no longer required, such as human and animal vaccines, medicines and drugs;(e)genotoxic chemical waste and radioisotopes from experimental or diagnostic work or any other source;"municipal sewer" means any pipe or conduit under the control of the Council which may be used for the conveyance of wastewater;"occupier" means a person who occupies any premises or part thereof, without regard to the title under which he or she occupies;"owner" means—(a)the owner of any property or any person in whose name the land on which a building is erected and registered in the deeds office;(b)any person who, as agent or otherwise, undertakes the management, maintenance or collection of rentals in respect of the property; and(c)any person who is entitled to the benefit of the use of such building or land, or who enjoys such benefit;(d)the person in whose name such section is registered under a sectional title deed, and includes the lawfully appointed agent of such a person;(e)the developer or the body corporate in respect of the common property in relation to a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986); or(f)the person in whose name such section is registered under a sectional title deed, and includes the lawfully appointed agent of such a person in relation to a section as defined in the Sectional Titles Act, 1986 (Act No. 95 of 1986)."private sewer installation" means a system situated on any private premises which is utilized in connection with the reception, storage, treatment or conveyance of sewage to a connecting point on such premises, and drains, fittings, appliances, septic tanks, conservancy tanks, pit latrines and private pumping installations forming part of, or which are ancillary to such system, and “drainage installation” has the same meaning;"private system of conveyance" means any pipe or conduit constructed on a private property which is under the control of the property owner and which is utilized for the conveyance of either domestic or industrial effluent”;"sampling chamber" means a wastewater access chamber which may be used for maintenance, sampling and inspection with or without man entry, and may include a standard concrete manhole, a cleanout, a dead end manhole or a sampling pot in any location in a sewage collection system that requires access;"sewer" means an underground conduit which conveys wastewater"sewer installation" means the pipes and fittings which are used or intended to be used in connection with the conveyance of wastewater"stormwater" means water resulting from natural precipitation and/or the accumulation thereof and includes groundwater and spring water ordinarily conveyed by the stormwater system, as well as sea water within estuaries, but excludes water in a drinking water or wastewater reticulation system;"waste disposal facility" means any site or premise used for the accumulation of waste with the purpose of disposing of that waste at that site or on that premise;"waste generator" means–(a)a person responsible for the generation of wastewater;(b)an owner of premises upon which such wastewater is generated; or(c)a person transporting such wastewater."waste grinder" means any mechanically operated device which grinds and flushes matter into the wastewater system or removes from vegetables or other foodstuffs, peels, skins, scales or other matter for discharge directly or indirectly into the wastewater system, and includes effluent from a food waste grinder;"waste treatment facility" means any site that is used to accumulate waste for the purpose of storage, recovery, treatment, reprocessing, recycling or sorting of that waste;"wastewater" means any liquid waste, whether or not containing matter in solution or suspension, and includes domestic liquid waste and industrial effluent, but excludes storm water; and"wastewater system" means the structures, sewers, pipes, valves, pumps, meters or other appurtenances under the control of the Council which may be used for the conveyance or disposal of wastewater.DUTIES AND PROHIBITED ACTS
2. Duties of owners of property
3. Permission to discharge industrial effluent
4. Protection of municipal sewers
5. Clearing of blocked private sewers
6. Powers of authorised officials
7. Transportation and Disposal of wastewater or industrial effluent
8. Acceptance of wastewater delivered by road transport
9. Mechanical food waste and other disposal unitsThe City may by written notice, require the owner of any premises on which a food waste disposal unit or a garbage grinder has been installed to, within a specified period of time, remove, repair or replace such unit or grinder if such unit or grinder is functioning inefficiently or is impairing the proper functioning of the municipal sewer.
10. Charges in respect of industrial effluentAny person who has been granted consent to discharge, or permits the discharge of industrial effluent into a municipal sewer, must pay to the City, a charge calculated in accordance with Schedule 1 of this by law and the Tariff by law of the City.
11. Compliance notice
12. Offences and penalties
13. Repeal of by lawsThe Wastewater and Industrial Effluent By law, 2006 (PG 6378; LA18367), is hereby repealed
14. Short titleThis by law is called the City of Cape Town: Wastewater and Industrial Effluent By law, 2013.
History of this By-law
7 February 2014 this versionPublished in Western Cape Provincial Gazette no. 7227By-law commences.