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Integrated Waste Management By-law, 2020
- Published in Western Cape Provincial Gazette no. 8240 on 29 May 2020
- Commenced on 29 May 2020
- [This is the version of this document from 29 May 2020 and includes any amendments published up to 6 May 2022.]
1. Definitions and interpretationIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa; in the event of a conflict between die English and Afrikaans versions of this by-law, the English version shall be decisive 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 municipality;"approved" in the context of containers, bins, bin liners, waste bags, containers and wrappers, means approved by the municipality or a licensed service provider for the collection and storage of waste;"approved container" means a container approved for the temporary storage of domestic or business waste until removed by the municipality or an approved service provider;"approved business waste container" means a container with a storage capacity of 240 litre, a container with a storage capacity of 770 litre or any other approved container prescribed by the municipality;"approved domestic waste container" means a container with a storage capacity of 240 litres or any other approved container prescribed by the municipality;"authorised official" means a waste management officer or other person in the employ of the municipality, authorised by the municipality for the purposes of this by-law, or if the municipality has appointed a service provider to perform municipal services, an employee of such service provider, authorised by it in terms of this by-law and acting within the scope of the powers, functions and duties assigned to that service provider by the municipality;"building waste" means waste produced during the construction, alteration, repair or demolition of any structure both man made or natural, and includes rubble, earth, vegetation, wood and rock displaced during such construction, alteration, repair or demolition but excludes hazardous waste and garden waste;"bulky waste" means waste which can be classified as domestic or business waste but which, by virtue of its mass, shape, size or quantity, cannot easily be accumulated in or removed from an approved container;"business waste" means waste, other than hazardous waste, health care waste, building waste, industrial waste, garden waste, bulky waste, special waste and special industrial waste generated on premises used for commercial purposes and at residential premises where commercial activities are being conducted;"by-product" means a substance that is produced as part of a process that is primarily intended to produce another substance or product and that has the characteristics of an equivalent virgin product or material;"collection" means the act of collecting waste at the place of generation or storage by the municipality or 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 services rendered by the municipality;"dailies" means putrescible business waste generated by hotels, restaurants, food shops, hospitals and canteens that must be collected on a more frequent basis, often 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 purchasable from the municipality and entitling the holder thereof to use it to dispose waste of a prescribed volume and type at an approved 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;(b)educational, sport or recreational purposes; and(c)purposes of public worship, including a hall or other building used for religious purposes, and includes domestic health care waste and domestic hazardous waste; but excludes hazardous waste, business waste, building waste, garden waste, bulky waste, special waste, liquid matter or night soil;"dump" means placing waste anywhere other than in an approved container or a place designated as a waste handling facility or waste disposal facility by the municipality;"ECA" means the Environment Conservation Act, 1989 (Act 73 of 1989) and any regulations made in terms thereof, or any superseding legislation;"EIA" means an environmental impact assessment as contemplated in NEMA, or the ECA and the EIA Regulations as published in Government Notice R 982 on 4 December 2014, as amended;"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 57;"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;"event waste" means waste that originates from the activities related to an event that is held in the municipal area;"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, education and training, recreational, institutional or industrial premises;"garden waste" means organic waste which emanates from domestic gardening activities, including grass cuttings, leaves, plants, flowers, branches, tree stumps and other similar waste;"general waste" means waste that does not pose an immediate hazard or threat to health or to the environment;"development" means a high density residential development with common property or facilities and which is managed by a home owners' association, body corporate or other managing body;"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;"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;"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;"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;"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 including waste generated by commercial 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 municipality 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 municipality;"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 municipality 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 container provided for that purpose or at a waste disposal facility or a waste handling facility;"minimisation" means the steps taken by the municipality, 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;"municipality" means the municipality of Drakenstein established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, agent or employee;"municipal service" means the service relating to the collection of waste, including domestic waste, business waste and dailies and related waste activities provided by the municipality or a service provider on behalf of the municipality, in accordance with this by-law;"NEMA" means the National Environmental Management Act, 1998 (Act 107 of 1998);"NEM:WA" means the National Environmental Management: Waste Act, 2008 (Act 59 of 2008);"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 municipality 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 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 municipality, in terms of a scheme that allows for the purchase price to be paid in instalments and who has not received transfer from the municipality;"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(c)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 erf or any other portion of land, including any building thereon or any other structure utilised for business, industrial or residential purposes;"prescribed fee" means a fee including a tariff or charge determined by council resolution;"prescribed tariff" means a schedule of prescribed fees as entailed in the municipality's budget;"public notice" means notice to the public in a manner determined by the municipality;"public place" includes any public building, public road, overhead bridge, subway, foot pavement, footpath, sidewalk, lane square, open space, garden, park, sports ground enclosed space vested in a municipality, 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;"recyclable waste" means waste that could be separated from the waste stream and set aside for purposes of re-use;"recycling" means a process where recovered waste is further processed as a product or raw material;"SANS" means South African National Standard;"SAWIS" means the national waste information system established by the national government in accordance with NEM:WA;"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;"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 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 32 of 2000);"tariff" means the annually revised user charge for the provision of the municipal service, determined by the municipality;"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 bag" means a plastic bag at least 22 micron thick with dimensions of 750mm x 950mm or as otherwise prescribed by the municipality and the same applies to a bin liner;"waste disposal facility" means any site or premise which receives waste for treatment or disposal thereof, and which 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 terms of a license obtained from a statutory license authority or otherwise in accordance with NEMA;"waste information system" means SAWIS;"waste management activity" means any one or more of the activities, as listed in NEM:WA, that a holder of waste may be involved in;"waste management officer" means a person designated by the municipality for co-ordinating matters pertaining to waste management."waste management plan" means a waste management plan required by the municipality in terms of this by-law and NEM:WA;"waste management services" means services that relate to any one or more of the waste management activities;"waste removal system" means a system by means of which waste is removed and disposed of by the municipality;"waste tyre" means a new, used, rethreaded, or un-roadworthy tyre, not suitable to be rethreaded, repaired or sold as a part worn tyre and not fit for its original intended use;"working day" means a day other than a Saturday, Sunday or public holiday but in the context of the municipality's waste handling and waste disposal facilities it includes all calendar days except Sundays, and religious public holidays.
3. Main objectives
4. Duties and obligations
Integrated waste management
5. Waste management plans
6. Waste information system
7. Waste minimisation and recycling
8. Waste management activities
Collection of waste
9. Levels of serviceThe levels of waste collection may differ between areas based on the practicality and cost-efficiency of delivering the service. Service levels in areas may vary between:(a)on-site and regularly supervised or monitored disposal;(b)community transfer to a central collection point;(c)organised transfer to a central collection point and kerbside collection; and(d)a combination of these levels.
10. Compulsory use of service
14. Communal collection
15. Collection in rural areas
17. Accumulation of waste
Handling different waste types
Part 1 – Garden waste
18. 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.
19. Removal and disposal of garden waste
Part 2 – Bulky waste
20. Removal and disposal
Part 3 – Building waste
21. Plans and inspection
22. Generation and storage
23. Removal and disposal
Part 4 – Special industrial, health care and hazardous waste
24. Notification and verification
26. Collection and disposal
Part 5 – Industrial waste and special waste
27. StorageThe owner or occupier of premises on which industrial waste or special waste is generated must ensure that until such time as the waste is collected by a licensed service provider from the premises on which it was generated—(a)the waste is stored in accordance with applicable legislation, national standards and SANS Codes in approved containers which are not kept in a public place; and(b)no nuisance, health risk or environmental damage is caused by the waste during generation or storage.
28. Collection and disposal
Part 6 – Tyres, disused vehicles or machinery and scrap metal
29. Storage and disposal
Part 7 – Recyclable waste
30. Storage, collection and disposal
Part 8 – Agricultural and farm waste
Transportation and disposal
Part 1 – Transportation of waste
32. Safe transportationNo person may—(a)operate a vehicle for the conveyance of waste upon a public road unless the vehicle has a body of adequate size and construction for the type of waste being transported; and(b)fail to maintain a vehicle used for the conveyance of waste in a clean, sanitary and roadworthy condition at all times.
33. No wastage or spillageA person transporting waste through the municipal area must ensure that—(a)loose waste on an open vehicle is covered with a tarpaulin or suitable net; and(b)no waste become detached, leak or fall from the vehicle transporting it.
34. Legal complianceA transporter of waste, specifically hazardous waste, must ensure he or she operates in compliance with all relevant national and provincial legislation, national standards and SANS Codes.
Part 2 – Waste disposal
35. Permitted use
37. Conduct at facilities
38. Accepting waste from others
Littering and dumping
39. Provision of facilities for waste
40. Littering and dumping
41. Burning of wasteBurning of waste is strictly prohibited unless authorised by the Chief Fire Officer in terms of the Fire Safety by-law of the municipality.
42. Abandoned objectsA person who abandons any article which may be classified as waste in terms of this by-law, 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
43. Licence applications
44. Terms and conditions of licences
45. Renewal of licences
46. Suspension and revocation of licences
47. Licence exemptionsThe municipality may exempt a service provider or a commercial service from any or all the provisions in Part 1 of Chapter 7 and such other sections as may be deemed necessary by the municipality.
48. Consumer responsibilitiesThe owner or occupier of premises or the holder of waste that contracts with a licensed service provider must ensure that—(a)the service provider is licensed to collect and transport the categories of waste for which he or she is contracted;(b)until such time as the licensed service provider collects such waste from the premises on which it was generated, the waste is stored in an approved container and no nuisance with regard to dust, odours or health, is caused by the handling of the waste in the course of its generation, storage or collection; and(c)the service rendered is only in respect of the categories of waste authorised in the licence.
Part 2 – Municipal service providers
49. Outsourcing of servicesThe municipality may enter into agreements with external service providers, whether public or private, for the rendering of municipal waste services and activities and must do so in accordance with municipal, provincial and national legislation.
50. Consumer charterIf a service provider as contemplated in section 49 is appointed by the municipality, to render a service to a large geographical area or part of its population, the service provider may be required to compile and adopt a consumer charter in consultation with the community.
52. Access to premises
Compliance and enforcement
53. Compliance with this by-law and other laws
54. Authorisation of an authorised official
55. Functions and powers of an authorised officialAn authorised official may execute work, conduct an inspection and monitor and enforce compliance with this by-law and, as applicable, national and provincial legislation relating to waste management.
56. Service of notices and documents
57. Compliance notices
58. Power of entry and inspection
59. Using force to enterForce may not be used to affect entry to execute work or conduct an inspection on any premises unless an emergency arises.
60. Liabilities and compensationThe municipality will not be liable for damages or compensation arising from anything done by it in terms of this by-law.
61. 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.
62. Seizure and impoundment of vehicles
63. AppealA person whose rights are affected by a decision of the municipality in terms of delegated authority may appeal against that decision by giving written notice of the appeal and the reasons therefore 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.
66. Application of this by-lawThis by-law applies to all persons or entities, including organs of State, situated within the area of jurisdiction of the Drakenstein Municipality.
68. Repeal of by-lawsThe following by-laws are hereby repealed:(a)Drakenstein Municipality: By-law Relating to Refuse Removal, 13/2007;(b)Drakenstein Municipality: By-law Relating to Control of Waste Disposal Sites, 17/2007 - (a) -(b) both promulgated in Provincial Gazette No. 6426 dated 16 March 2007;(c)Drakenstein Municipality: Integrated Waste Management By-law, 2013 published in the Provincial Gazette No 7184 dated 4 October 2103.
69. Transitional arrangementsAnything done under or in terms of any provision repealed by this by-law shall be deemed to have been done under the corresponding provisions of this by-law and the repeal in section 68 shall not affect the validity of anything done under the by-law so repealed.
70. Short title and commencementThis by-law is called the Drakenstein Municipality: Integrated Waste Management By-law 2020, and commences on the date of publication in the Provincial Gazette.
History of this By-law
29 May 2020 this versionPublished in Western Cape Provincial Gazette no. 8240By-law commences.