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Waste Management By-law, 2011
- Published in Western Cape Provincial Gazette no. 6935 on 15 December 2011
- Commenced on 15 December 2011
- [This is the version of this document from 15 December 2011 and includes any amendments published up to 13 May 2022.]
1. Definitions and interpretationIn this By-law and the Schedule thereto, words used in the masculine gender include the feminine, the singular includes the plural and vice versa and unless the context otherwise indicates -"agricultural and farm waste" means all waste generated on farms as part of agricultural processes or through ordinary domestic and business activities and may include different types of waste;"applicable charge" means the rate, charge, tariff, flat rate, subsidy or any other cost prescribed by the Council from time to time;"approved" in the context of bins, bin liners, refuse bags, containers, receptacles and wrappers, means approved by the Councilor a licensed service provider for the collection and storage of waste;"approved business waste container" means a refuse bag, a receptacle with a storage capacity of 85/90 litre, a receptacle with a storage capacity of 240 litre or any other approved container prescribed by the Council;"approved domestic waste container" means a refuse bag, a receptacle with a storage capacity of 240 litres or any other approved container prescribed by the Council;"authorised official" means a waste management officer or other person in the employ of the Council, authorised by the Council for the purposes of this By-law, or if the Council has appointed a service provider to perform municipal services, an employee of such service provider, authorised by it as an authorised official in terms of this By-law and acting within the scope of the powers, functions and duties assigned to that service provider by the Council in terms of section 81 (2) of the Systems Act or another applicable law;"bulky waste" means domestic waste or business waste which, by virtue of its mass, shape, size or quantity, cannot easily be accumulated in or removed from its approved container;"building waste" means waste produced during the construction, alteration, repair or demolition of any - structure both manmade or natural, and includes rubble, earth, vegetation, wood and rock displaced during such construction, alteration, repair or demolition but excludes hazardous waste and compostable garden waste;"business waste" means waste, other than hazardous waste, health care waste, building waste, industrial waste, non-compostable garden waste, bulky waste, special waste and special industrial waste generated on premises used for non-residential purposes and at residential premises where commercial activities are being conducted;"collection" means the act of collecting domestic or business waste at the place of generation or storage by the Councilor a licensed service provider and removal has a similar meaning;"commercial services" means any waste management service, relating or connected to accumulating, collecting, managing, recycling, sorting, storing, treating, transporting, disposing, buying or selling of waste or any other manner of handling waste excluding municipal services rendered by the Council;"compostable garden waste" means organic waste which emanates from normal domestic gardening activities, including grass cuttings, leaves, plants, flowers and other similar small and light biodegradable material that could easily be accumulated in a refuse bag, but excluding non-compostable garden waste or waste generated as a result of garden services activities;"Council" means the Swartland Local Municipality established by Provincial Notice No. P.N. 485/2000 or its successors in title;"dailies" means putrescible business waste generated by hotels, restaurants, food shops, hospitals and canteens that must be collected on a more frequent basis, normally a daily basis, to prevent the waste from decomposing and presenting a nuisance, environmental or health risk;"damage to the environment" means any pollution, degradation or harm to the environment whether visible or not;"DEA" means the national Department of Environmental Affairs;"DEA&DP" means the provincial Department of Environmental Affairs and Development Planning;"disposal coupon" means a coupon approved by and obtainable from the Council and entitling the holder thereof to use it to dispose waste of a prescribed volume and type at a waste disposal facility or a waste handling facility;"domestic hazardous waste" means hazardous waste generated in a household in minimum quantities consistent with the home use of materials such as paints and solvents, automotive wastes, pesticides, electronics, aerosols, cleaning agents, batteries,fluorescent lamps and refrigerant containing appliances;"domestic health care waste" means health care waste generated in a household in minimum quantities consistent with the home use of materials for medical purposes and includes waste such as syringes, unused medicines and pills, used bandages, that could cause a health hazard when not appropriately disposed of;"domestic waste" means waste that emanates from premises used wholly or mainly for-(a)residential purposes, such as a dwelling house, flat, boarding house, or old age home;(b)educational, sport or recreational purposes;(c)purposes of public worship, including a hall or other building used for religious purposes and includes compostable garden waste, domestic health care waste and domestic hazardous waste but excludes hazardous waste, business waste, building waste, non-compostable garden waste, bulky waste, special waste, liquid matter or night soil;"dump" means placing waste anywhere other than in an approved receptacle or a place designated as a waste handling facility or waste disposal facility by the Council;"DWA" means the National Department of Water Affairs;"ECA" means the Environment Conservation Act, 1989 (Act No. 73 of 1989) and any regulations made in terms thereof, or any superseding legislation;"EIA" means an environmental impact assessment as contemplated in NEMA, and/or the ECA and the EIA Regulations as published in Government Notice R 1183 on 5 September 1997, as amended from time to time;"enforcement notice" means any notice issued by an authorised official under this By-law which instructs the person to whom it is issued to comply with the terms of the notice, and includes a compliance notice contemplated in section 56;"environment" means the individual parts and total sum of all elements, properties, conditions and the like making up the surroundings within which living organisms exist and any part or combination of the interrelationships among and between them;"environmental emergency" means any situation that has caused or may cause serious harm to human health or damage to the environment, irrespective of whether the potential for harm or damage is immediate or delayed; ."environmental restoration cost" means the full cost of all measures necessary to restore the environment to its condition prior to an incident which caused damage to it, and in the event of this not being possible the value of the cost benefit that has been lost through the damage to or destruction of the environment;"event waste" means waste that originates from the activities related to an event that is held in the municipality;"e-waste" means electric and electronic equipment waste such as lighting equipment, circuit boards, mobile phones, computers, television sets and audio visual equipment that are still mainly treated as domestic or business waste but with a high need and potential for recycling;"garden services activities" means the provision of gardening services including the cutting of grass, pruning of trees or any other horticultural activity including landscaping, to any domestic, business, commercial or industrial premises;"general waste" means waste that does not pose an immediate hazard or threat to health or to the environment, and includes domestic waste; business waste; building waste; inert waste and compostable and non-compostable garden waste;"hazardous waste" means any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics thereof, have a detrimental impact on health and the environment;"hazardous chemical substance" means any toxic, harmful, corrosive, irritant or asphyxiant substance, or a mixture of such substances for which-(a)an occupational exposure limit is prescribed;(b)an occupational exposure limit is not prescribed but which creates a hazard to health and the environment;"health care waste" means all waste generated by or derived from medical care or medical research including but not limited to infectious waste, pathological waste, sharp waste, pharmaceutical waste, genotoxic waste, chemical waste, pressurized container waste, waste with heavy metals, radio-active waste. or any waste that has been in contact with blood, bodily fluids or tissues from humans or infected animals from veterinary practices;"health care risk waste" means all hazardous waste generated at any health care facility such as a frail care centre, hospital, clinic, laboratory, medical research institution, dental or medical practitioner or veterinarian including but not limited to infectious waste, pathological waste, sharp waste, pharmaceutical waste, genotoxic waste, chemical waste, pressurized container waste, waste with heavy metals, radio-active waste, or any waste that has been in contact with blood, bodily fluids or tissues from humans or infected animals from veterinary practices;"holder of waste" means any person or entity that imports, generates, collects. handles, accumulates, stores, transports, transfers, processes, treats, trades, exports, recovers, recycles, re-uses or disposes of waste including sorters of waste such as recycling or waste minimisation groups, scrap dealers and buy-back centres;"industrial waste" means waste generated as a result of manufacturing, industrial, fabricating, processing, dismantling or maintenance activities and may include waste generated by agricultural, mining or power plant activities but does not include any other category of waste;"Inert waste" means waste that-(a)does not undergo any significant physical, chemical or biological transformation after disposal;(b)does not burn, react physically or chemically biodegrade or otherwise adversely affect any other matter or environment with which it may come into contact; and(c)does not impact negatively on the environment, because of its pollutant content and because the toxicity of its leachate is insignificant;"infectious waste" means waste which is generated during diagnosis, treatment or immunization of humans or animals, in the research pertaining to this. in the manufacturing or testing of biological agents including blood products. cultures, pathological waste, sharp objects, human and animal anatomical waste and isolation waste that contain or may contain infectious substances;"integrated waste management plan" means an integrated waste management plan required by the Council in terms of this By-law or that is required in terms of any other applicable legislation;"interest" means a levy with the same legal property as service fees and calculated in terms of this By-law on all amounts in arrears in respect of prescribed fees for waste management services at a standard rate equal to an interest rate as determined by the Credit Control and Debt Collection By-law of the Council;"level of service" means the frequency of municipal service and the type of service point;"licensed service provider" means a person or entity approved by and registered with the Council and having obtained a licence to collect and transport specified types of waste in the municipal area;"litter" means any object or matter which is discarded by a person in any place except in an approved receptacle provided for that purpose or at a waste disposal facility or a waste handling facility;"material recovery" means any process where material is removed from the waste stream with the purpose to re-use, recycle or treat the material so removed;"minimisation" means the steps are taken by the Council, residents, businesses and industries to avoid and reduce the amount and toxicity of waste generated and disposed of;"Minister" means the Minister of the Department of Environmental Affairs;"municipal service" means the municipal service relating to the collection of waste, including domestic waste, business waste and dailies and related waste activities provided by the Councilor a service provider on behalf of the Council, in accordance with this By-law;"NEMA" means the National Environmental Management Act, 1998 (Act No. 107 of 1998);"NEMWA" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);"non-compostable garden waste" means branches and tree stumps more than 40mm in diameter that need to be shredded in order to become compostable;"nuisance" means any injury, harm, damage, inconvenience or annoyance to any person which is caused in any way whatsoever by the improper handling or management of waste, including but not limited to, the storage, placement, collection, transport or disposal of waste or by littering;"occupier" means a person who occupies any premises or part thereof, without regard to the title under which he or she so occupies, and includes(a)any person in actual occupation of those premises;(b)any person legally entitled to occupy those premises;(c)in the case of those premises being subdivided and let to lodgers or various tenants, the person receiving the rent payable by such lodgers or tenants whether on the person's own account or as agent for any person entitled thereto or interested therein;(d)any person having the charge of or management of those premises, and includes the agent of any such person when the person is absent from the Republic of South Africa or his or her whereabouts are unknown; or(e)the owner of those premises;"owner" includes -(a)the person in whom is vested the legal title to premises, including, but not limited to, the registered owner according to the title deed;(b)where the person in whom the legal title to the premises is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration and control of such premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in any case where the Council is unable to determine the identity of such person, a person who is entitled to the benefit of the use of such premises or a building or buildings thereon; and(d)in the case of premises for which a lease agreement of ten years or longer has been entered into and registered in the Deeds Office, the lessee thereof;(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), 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;(f)the person who has purchased immovable property from the Council, in terms of a scheme that allows for the purchase price to be paid in instalments and who has not received transfer from the Council;"person" means any natural person, local government body or like authority, a company incorporated under any law, a body of persons whether incorporated or not, a statutory body, public utility body, voluntary association or trust;"pollution" means any change in the environment caused by-(a)substances; or(b)radioactive or other waves; or noise, odours, dust or heat, emitted from any activity, including the storage or treatment of waste or substances, construction and the provision of services, whether engaged in by any person or an organ of state, where that change has an adverse effect on human health or well-being or on the composition, resilience and productivity of natural or managed ecosystems, or on materials useful to people, or will have such an effect in the future;"premises" means an ert or any other portion of land, including any building thereon or any other structure utilised for business, industrial or residential purposes;"prescribed" means, determined by resolution of the Council from time to time;"prescribed fee" means a fee including a tariff or charge determined by the Council by resolution;"prescribed tariff" means a schedule of prescribed fees as entailed in the Council's Tariff By-laws;"priority waste" means waste declared to be such by the Councilor in terms of national or provincial legislation and may call for emergency measures to be taken by the Council;"public notice" means notice to the public in a manner determined by the Council;"public place" includes any public building, public road, overhead bridge, subway, foot pavement, footpath, sidewalk, lane square, open space, garden, park, enclosed space vested in a Council, and any road, place or thoroughfare however created which is in the undisturbed use of the public or which the public has the right to use or the right to access;"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;"recovery" means a process where waste is reclaimed, which process could involve the separation of waste from a waste stream for further use;"recycling" means a process where recovered waste is further processed as a product or raw material;"receptacle" means an approved container for the purpose of temporary storage of domestic waste or business waste until removal thereof by the Council or a licensed service provider;"recyclable waste" means waste that could be separated from the waste stream and set aside for purposes of re-use or recycling;"refuse" means domestic waste and business waste which is of such a size and form that it could be deposited in an approved domestic waste container or an approved business waste container or any other matter which in the opinion of the Council constitutes refuse;"refuse bag" means a plastic bag at least 22 micron thick with dimensions of 750mm x 950mm or as otherwise prescribed by the Council and the same applies to a bin liner;"SAWIS" means the national waste information system established by the national government in accordance with NEMWA;"special industrial waste" means waste consisting of a liquid, sludge or solid substance, resulting from a manufacturing process, industrial treatment or the pre-treatment for disposal purposes of any industrial or mining liquid waste;"special waste" means a non-hazardous industrial waste that may include a number of waste types which has physical or chemical characteristics, or both, that requires special handling at a waste disposal facility such as contaminated soil, raw animal manure, dead animals and any other material determined to be special waste by the Council;"storage" means the accumulation of waste in a manner that does not constitute treatment or disposal of that waste;"Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"sustainable development" means the integration of social, economic and environmental factors into planning, implementation and decision-making so as to ensure that development serves present and future generations;"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"tariff" means the annually revised user charge for the provision of the municipal service, determined and promulgated by the Council through its Tariff By-laws in terms of the Systems Act;"transport" means the movement of waste from one place to another;"waste" means any substance, 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 a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sectors, but-(i)a by-product is not considered waste; and(ii)any portion of waste, once re-used, recycled and recovered ceases to be waste;"waste disposal facility" means any site or premise which receives waste for treatment or disposal thereof, and w!1ich is operated in terms of a license obtained from a statutory license authority or otherwise in accordance with NEMA;"waste handling facility" means any site or premise that receives, accumulates, handles, recycles, sorts and temporarily stores or treats waste prior to its transfer for final disposal and is operated in accordance with NEMA;"waste Information system" means SAWIS;"waste management activity" means anyone or more of the activities, as listed in and from time to time amended by NEMA, that a holder of waste may be involved in;"waste management officer" means a person designated by the Council to be responsible for co-ordinating matters pertaining to waste management for the Council;"waste management plan" means a waste management plan required by the Council in terms of this By-law and NEMWA;"waste management services" means services that relate to anyone or more of the waste management activities;"waste removal system" means a system by means of which refuse is removed and disposed of by the Council;"waste tyre" means a new, used, retreaded, or un-roadworthy tyre, not suitable to be retreaded, repaired or sold as a part worn tyre and not fit for its original intended use and the storage, stockpiling and disposal;"working day" means a day other than a Saturday, Sunday or public holiday but in the context of the Council's waste disposal facilities it includes all calendar days except Sundays, Christmas Day and New Year's Day.
3. Main objects
4. Duties and obligations
Integrated Waste Management
5. Waste management plans
6. Waste information system
7. Waste minimisation and recycling
Collection of Refuse
8. Levels of service
9. Agreement of service
13. Communal collection
14. Collection in rural areas
16. Accumulation of waste
Handling Different Waste Types
Part 1 – Garden Waste
17. CompostingThe owner or occupier of premises on which garden waste is generated may compost garden waste on the property, provided that such composting does not cause a nuisance nor has a detrimental impact on human and environmental health.
18. Disposal of non-compostable garden wasteThe owner or occupier of premises on which non-compostable garden waste is generated must remove and dispose of it within a reasonable time after generation of the waste at the nearest waste handling or waste disposal facility unless otherwise determined by the Council.
Part 2 – Bulky Waste
19. Removal and disposal
Part 3 – Building Waste
20. Plans and inspection
21. Generation and storage
22. Removal and disposal
Part 4 – Special Industrial, Health Care and Hazardous Waste
23. Notification and verification
25. Collection and disposal
Part 5 – Industrial Waste and Special Waste
27. Collection and disposal
Part 6 – Tyres, Disused Vehicles or Machinery and Scrap Metal
28. Storage and disposal
Part 7 – Recyclable Waste
29. Storage, collection and disposal
Part 8 – Agricultural and Farm Waste
Transportation and Disposal
Part 1 – Transportation of Waste
31. Safe transportation
32. No wastage or spillage
33. Legal compliance
Part 2 – Waste Disposal
34. Permitted use
36. Conduct at Facilities
37. Accepting waste from others
Littering and Dumping
38. Provision of facilities for litter
39. Littering and dumping
40. Burning of wasteBurning of waste is strictly prohibited unless the written approval of Council has been obtained.
41. Abandoned objectsA person who abandons any article is liable for any damage which that article has caused or may cause as well as for the cost of removing that article notwithstanding the fact that such person may no longer be the owner thereof.
External Service Providers
Part 1 – Licensed Service Providers for Commercial Services
42. Licence applications
43. Terms and conditions of licences
44. Renewal of licences
45. Suspension and revocation of licences
46. Licence exemptionsThe Council may exempt a service provider or a type of commercial service from any or all of the provisions in Part 1 of Chapter 7 and such other sections as may be deemed necessary by the Council.
47. Consumer responsibilities
Part 2 – Municipal Service Providers
48. Outsourcing of servicesCouncil may enter into agreements with external service providers, whether public or private, for the rendering of municipal waste services and activities but shall do so in accordance with municipal, provincial and national legislation.
49. Consumer charterIf a service provider as contemplated in section 48 is appointed by the CounCil, to render a service to a large geographical area or part of its population, the service provider will be required to compile and adopt a consumer charter in consultation with the community.
51. Access to premisesShould the Council be impeded from collecting or handling refuse due to the layout of the premises and/or such layout is likely to result in damage to private property or Council property or injury to Council employees, the Council may require the owner or occupier to do such alterations as necessary at own cost to remove any impediments, failing or refusing which, the Council will suspend the service and require the owner or occupier to indemnify the Council in writing in respect of such damage or injury or any claims arising of either before resuming the service.
Enforcement and Legal Services
52. Compliance with this By-law and other laws
53. Authorisation of an authorised official
54. Functions and powers of an authorised official
55. Service of notices and documents(1 ) A notice or document issued by the Council in terms of this By-law must be deemed to be duly authorised if an authorised official signed it.
56. Compliance notices
57. Power of entry and inspection
58. Using force to enterForce may not be used to affect entry to execute work or conduct an inspection on any premises in terms of section 112 of the Systems Act, unless an emergency arises.
59. Liabilities and compensationThe Council will not be liable for damages or compensation arising from anything done by it in terms of this By-law.
60. False statement or informationNo person may make a false statement or furnish false information to the Municipality, an authorised official or an employee of the Municipality, or falsify a document issued in terms of this By-law.
61. AppealsAn appeal to a decision of the Council taken in terms of this By-law must be made in terms of section 62 of the Systems Act by giving written notice of the appeal and the reasons therefor within twenty one days of the date of notification of the decision to the municipal manager.
64. Application of this By-lawThis By-law applies to all persons or bodies, including organs of State, situated within the area of jurisdiction of the Swartland Local Municipality.
65. Repeal of By-lawsThe By-laws listed in Schedule "A" are hereby repealed.
66. InterpretationIn the event of a conflict between the English and Afrikaans versions of this By-law, the English version shall be decisive.
67. Short title and CommencementThis By-law is called the Waste Management By-law, No. ..... of 2011 and commences on the date of publication in the Provincial Gazette.
History of this By-law
15 December 2011 this versionPublished in Western Cape Provincial Gazette no. 6935By-law commences.