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Air Quality By-law, 2015
- Published in Western Cape Provincial Gazette no. 7394 on 22 May 2015
- Commenced on 22 May 2015
- [This is the version of this document from 22 May 2015 and includes any amendments published up to 13 May 2022.]
INTERPRETATION AND OBJECTIVES
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context indicates otherwise—"adverse effect" means any actual or potential impact on any human or the environment that impairs, or would impair any human or the environment or any aspect of it to an extent that is more than trivial or insignificant;"air pollutant" means any substance (including but not limited to dust, smoke, fumes and gas) that causes or may cause air pollution;"air pollution" means any change in the environment caused by any substance emitted into the atmosphere from any activity, 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 may have such an effect in the future;"air quality officer" means any person designated as such in terms of section 4(1) of this by-law;"atmosphere" means air that is not enclosed by a building, machine, chimney or other such structure;"atmospheric emission" or "emission" means energy or substance or combination of substances emanating from a point, non-point or mobile source that results in air pollution;"authorised person" means any person authorised by the municipality to implement any provision of this by-law;"best practicable means" means the most effective measures that can reasonably be taken to prevent, reduce or minimize air pollution, having regard to all relevant factors including, among others, local conditions and circumstances, the likelihood of adverse effects, the current state of technical knowledge and the financial implications relative to the degree of environmental protection expected to be achieved by application or adoption of the measures;"chimney" means any structure or opening of any kind from or through which air pollutants may be emitted;"compressed ignition powered vehicle" means a vehicle powered by an internal combustion, compression ignition, diesel or petrol driven engine;"dark smoke" means in respect of Chapter 8 of this by-law—(a)smoke which has a density of 60 Hartridge smoke units or more, provided that in relation to emissions from turbo-charged compressed ignition powered engines, it means a density of 66 Hartridge smoke units or more; or(b)smoke which has a light absorption co-efficient of more than 2.125m, provided that in relation to emissions from turbo-charged compressed ignition powered engines, it means a light absorption co-efficient of more than 2.51m;"dust" means any solid matter in a fine or disintegrated form which is capable of being dispersed or suspended in the atmosphere;"dwelling" means any building or other structure, or part of a building or structure, used as a dwelling, and any outbuildings ancillary to it, but excludes shacks and informal settlements;"environment" means the surroundings within which humans exist and that are made up of—(a)the land, water and atmosphere of the earth;(b)micro-organisms, plant and animal life;(c)any part or combination of (a) and (b) and the interrelationships among and between them; and(d)the physical, chemical, aesthetic and cultural properties and condi-tions of the foregoing that influence human health and well-being;"environmental management inspector" means an environmental management inspector designated as such in terms of section 31C of the National Environmental Management Act, 1998, (Act 107 of 1998);"free acceleration test" means the method described in section 19(1) employed to determine whether vehicles are being driven or used in contravention of section 17(1);"fuel-burning equipment" means any furnace, boiler, incinerator, or other equipment, including a chimney that is—(a)designed to burn or capable of burning liquid, gas or solid fuel;(b)used to dispose of any material or waste by burning; or(c)used to subject liquid, gas or solid fuel to any process involving the application of heat;"fumes" means any pungent or toxic vapour, gas, or smoke including but not limited to diesel fumes, spray painting fumes and exhaust fumes;"light absorption meter" means a measuring device that uses a light-sensitive cell or detector to determine the amount of light absorbed by an air pollutant;"living organism" means any biological entity capable of transferring or replicating genetic material, including sterile organisms and viruses;"mobile source" means a single identifiable source of atmospheric emission which does not emanate from a fixed location;"municipality" means the Swartland Municipality and includes any political structure, political office bearer, duly authorised agent thereof, or a service provider fulfilling a responsibility under this by-law assigned to it in terms of the Local Government: Municipal Systems Act, Act 32 of 2000 or any other law, as the case may be, or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated, to such political struc-ture, political office bearer, agent or employee;"municipal manager" means a person appointed as such by the municipality in terms of section 54A of the Local Government: Munici-pal Systems Act, Act 32 of 2000;"NEMA" means the National Environmental Management Act, 1998 (Act 107 of 1998);"non-point source" means a source of atmospheric emissions which cannot be identified as having emanated from a single identifiable source or fixed location, and includes veld, forest and open fires, min-ing activities, agricultural activities and stockpiles;"nuisance" means an unreasonable interference or likely interference caused by air pollution with—(a)the health or well-being of any person or living organism; or(b)the use or enjoyment by an owner or occupier of his or her property;(c)the ordinary comfort, convenience, peace or quiet of another person; and(d)the natural state of the environment;"offensive odours" means any smell which is considered to be malodorous or a nuisance to a reasonable person;"open burning" means the combustion of material by burning without a chimney to vent the emitted products of combustion to the atmosphere, and "burning in the open" has a corresponding meaning;"operator" means a person who owns or manages an undertaking, or who controls an operation or process, which emits air pollutants;"point source" means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys;"proclaimed township" means any land unit zoned and utilized for residential purposes;"person" means a natural and juristic person or entity;"premises" means any building or other structure together with the land on which it is situated and any adjoining land occupied or used in connection with any activities carried on in that building or structure, and includes any land without any buildings or other structures and any locomotive, ship, boat or other vessel which operates or is present within the area under the jurisdiction of the municipality or the precincts of any harbour;"public road" means a road which the public has the right to use;"smoke" means the gases, particulate matter and products of combustion emitted into the atmosphere when material is burned or subjected to heat and includes the soot, grit and gritty particles emitted in smoke;"vehicle" means any motor, car, motor carriage, motor cycle, bus, lorry or other conveyance propelled wholly or partly by any volatile spirit, steam, gas or oil, or by any means other than human or animal power.
2. Purpose and objectives
DUTY OF CARE
3. Duty to take care
DESIGNATION OF AIR QUALITY OFFICER AND ENVIRONMENTAL MANAGEMENT INSPECTORS
4. Designation of air quality officer and environmental management inspectors
5. Powers and functions of the air quality officer
6. Powers and functions of designated environmental management inspectorsA designated environmental management inspector shall have all the powers and functions as set out in sections 31G to 31L of NEMA.
LOCAL EMISSION STANDARDS
7. Determination of local emission standards
SMOKE EMISSIONS FROM PREMISES OTHER THAN DWELLINGS
8. ApplicationFor the purposes of this chapter, "premises" does not include dwellings.
10. Installation of fuel-burning equipment
11. Operation of fuel-burning equipment
12. PresumptionIn any prosecution for an offence under section 11, smoke shall be presumed to have been emitted from premises if it is shown that any fuel or material was burnt on the premises and the circumstances were such that the burning would be reasonably likely to give rise to the emission of smoke, unless the owner, occupier or operator, as the case may be, proves that no smoke was emitted.
13. Installation and operation of measuring equipmentAn authorised person may give notice to any operator of fuel burning equipment or any owner or occupier of premises on which fuel burning equipment is used or operated to install, maintain and operate measuring equipment at his or her own cost if—(a)unauthorised and unlawful emissions of smoke from the relevant premises occurs consistently or regularly;(b)fuel burning equipment has been or is intended to be installed on the relevant premises which is likely, in the opinion of an authorised person, to emit smoke;(c)the person on whom the notice is served has been convicted previously under this chapter and has not taken adequate measures to prevent further contravention of the provisions of this chapter; or(d)the authorised person is of the opinion that the nature of the air pollutants emitted from the relevant premises is reasonably likely to create a hazard or nuisance to human health or the environment.
14. Monitoring and samplingAn occupier or owner of premises, and the operator of any fuel burning equipment, who is required to install air pollution measuring equipment in terms of section 13 must—(a)record all monitoring and sampling results and maintain a copy of this record for at least four years after obtaining the results;(b)if requested to do so by an authorised person, produce the record of the monitoring and sampling results for inspection;(c)if requested to do so by an authorised person, provide a written report (in a form and by a date specified) of part or all of the information in the record of the monitoring and sampling results; and(d)ensure that the air pollution measuring equipment is calibrated at least once per year or as specified by the manufacturer of the equipment and provide records of such calibration on request by the authorised person.
SMOKE EMISSIONS FROM DWELLINGS
15. Smoke emissions from dwellings
EMISSIONS CAUSED BY OPEN BURNING
16. Emissions caused by open burning
EMISSIONS FROM COMPRESSED IGNITION POWERED VEHICLES
18. Stopping of vehicles for inspection and testing
19. Testing procedure
20. Repair notice
EMISSIONS THAT CAUSE A NUISANCE
21. ProhibitionNo person may create or permit emissions that cause a nuisance.
22. Spray Painting Emissions
23. Sand Blasting EmissionsAny person conducting sand blasting activities which produce emissions of dust that may cause a nuisance must prevent emissions into the atmosphere by implementing dust extraction control measures or any alternative dust control measure approved by the air quality officer.
24. Control of offensive odoursThe occupier or owner of any premises must take all reasonable steps to prevent the emission of any offensive odour caused by any activity on such premises.
25. Control of dustThe occupier or owner of any premises must take all reasonable steps to prevent the creation of nuisance by dust caused by any activity on such premises.
26. Control of fumesThe occupier or owner of any premises must take all reasonable steps to prevent the nuisance by fumes caused by any activity on such premises.
PESTICIDE AND HERBICIDE SPRAYING EMISSIONS
27. Pesticide and herbicide spraying emissions
28. Compliance Notice
29. Steps to abate nuisance or transgressionThe municipality may at its own cost take whatever steps it considers necessary in order to remedy or abate a nuisance or transgression or to prevent a recurrence of it and may recover the reasonable costs so incurred from the person responsible for causing the nuisance or transgression.
30. AppealA person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
31. Co-operation between municipalitiesIn an effort to achieve optimal service delivery, the municipality may enter into written agreements with any person, organ of state or organisation with which legislative and executive powers are shared, in respect of the following—(a)the practical arrangements with regard to the execution of the provisions of this by-law;(b)the recovery of costs and expenses related to any action in terms of this by-law;(c)any other matter regarded necessary by the parties to achieve optimal service delivery in terms of this by-law.
33. Offences and penalties
35. SavingsAnything done or deemed to have been done under any other law remains valid to the extent that it is consistent with this by-law or until anything done under this by-law overrides it.
36. Repeal of By-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
37. Short title and commencementThis by-law shall be known as the Air Quality By-law of the Swartland Municipality and comes into effect on the date of publication thereof in the Provincial Gazette.
History of this By-law
22 May 2015 this versionPublished in Western Cape Provincial Gazette no. 7394By-law commences.