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Integrated Waste Management By-law, 2013
- Published in Western Cape Provincial Gazette no. 7137 on 14 June 2013
- Commenced on 14 June 2013
- [Up to date as at 9 April 2021]
PreambleWHEREAS the Kannaland Municipality has under the Constitution, legislative competence in respect of refuse removal, refuse dumps and solid waste disposal;Whereas the Kannaland Municipality ("the Municipality") has an obligation to regulate and control waste management so as to ensure a safe, healthy and sustainable environment and to ensure that the rights of individuals are protected;Whereas the Municipality wishes to reduce the generation and the environmental impact of waste to ensure that the socio-economic development, the health of the people within the Municipality's boundaries and the quality of environmental resources are not unduly adversely affected by waste;Whereas the Municipality wants to ensure that all residents, organisations, institutions, businesses, visitors or tourists and government departments are able to access services from a legitimate waste management service provider; andWhereas the Municipality wishes to regulate generation, cleaning, separation, storage, collection, processing, treatment, recycling, re-use and disposal of waste, including littering and illegal dumping and the regulation of facilities used for the management of waste, with the ultimate aim of avoiding or minimising the generation of waste.BE IN ENACTED by the Municipality, as follows:-
1. DefinitionsIn this By-Law, unless the context indicates otherwise:"accredited service provider" means a person or entity accredited by the Municipality in accordance with the terms and conditions of a refuse removal system approved by the Municipality and who provides a waste management service in the Municipality and may include, but is not limited to, large and small business, entrepreneurs, community cooperatives;"building waste and demolition waste" means waste produced through the construction, alteration, repair or demolition of any structure both manmade and natural, and includes rubble, earth, wood and rock that is displaced during any construction, alteration, repair or demolition, but excludes garden waste;"business waste" means waste that emanates from premises that are used, whether lawfully mainly, for commercial, retail, wholesale, entertainment or government administration purposes, and also applies to waste generated by informal traders and residential premises where commercial activities are being conducted."chemical waste" includes discarded solid, liquid and gaseous chemicals;"Director" means the Director responsible for solid waste in the Municipality;"event waste" means waste that originates from the activities related to an event that is held in the Municipal area;"garden waste" means organic waste which emanates from gardening or landscaping activities at residential, business or industrial properties including but not limited to soil, grass cuttings, leaves and branches, and includes any biodegradable material and includes such waste emanating from residential, business or industrial properties, but excludes waste products of animal origin;"general waste" means waste that does not pose an immediate hazard or threat to health or to the environment, and includes-(a)domestic waste;(b)building and demolition waste;(c)business waste; and(d)inert waste;"genotoxic waste" means highly hazardous waste that may have mutagenic, teratogenic or carcinogenic properties and includes certain cytostatic drugs as well as vomit, urine or faeces from patients treated with cytostatic drugs, chemicals and radioactive material;"hazardous waste" means health care risk waste and any waste that may, by circumstances of the production, use, quantity, concentration or inherent physical, chemical or toxicological characteristics thereof, have a significant adverse effect on the environment, or the health of a person or other living organism or which may cause pollution;"health care waste" means any waste -(a)Generated by or derived from medical care or medical research including but not limited to-(i)infectious waste;(ii)pathological waste;(iii)sharp waste;(iv)pharmaceutical waste;(v)genotoxic waste;(vi)chemical waste;(vii)pressurized container waste;(viii)waste with heavy metals;(ix)radioactive waste;(x)general waste(b)That has been in contact with blood, bodily fluids or tissues from humans, or infected animals from veterinary practices;"health care risk waste" means that portion of health care waste that is hazardous and includes infectious waste, pathological waste, sharp waste, pharmaceutical waste, genotoxic waste, waste with heavy metals, radioactive waste, and any other health care waste which is defined as hazardous in terms of the Western Cape Health care Waste management Act No.7 of 2007 or any other applicable legislation."holders of waste" means any person who imports, generates, stores accumulates, transports, processes, treats, exports or disposes of waste and also includes recycles and scrap dealers;"infectious waste" means waste that is suspected to contain pathogens in a sufficient concentration or quantity to cause disease in susceptible hosts, and includes cultures and stocks of infectious agents form laboratory work, waste from surgery and autopsies on corpses with infectious diseases, waste from infected patients in isolation ward, waste that has been in contact with infected patients undergoing haemodialysis, infected animals from laboratories, sanitary waste materials and tissues including swabs and any other instruments or materials that have been in contact with infected persons or materials;"industrial waste" means waste that emanates from premises that are used wholly or mainly for industrial purposes and generate waste through manufacturing, industrial or fabricating processes including premises used for agricultural activities, mining activities or the operation of power stations;"integrated waste management plan" means an integrated waste management plan which is required by the Municipality in terms of this By-law or that is required in terms of any other applicable legislation;"licensed waste disposal facility" means a site, or premises which is licenced by Province of the Western Cape or the National Government and used for the accumulation or disposal of waste;"litter" means waste, excluding hazardous waste, arising from activities in public areas that has not been disposed of in a public litter container;"Municipality" means the Municipality of Kannaland establish in terms of section 12 of the municipal structures act 117 of 1998 and includes authorised;"minimisation" when used in relation to waste, means the avoidance of the amount and toxicity of waste that is generated and, in the event where waste is generated, the reduction of the amount and toxicity of waste that is disposed of;"owner" includes the registered owner, lessee or occupier of a premises, or the person in charge or control of any premises or part thereof, and any person who obtains a benefit from the premises or is entitled thereto;"pathological waste" includes all human tissues, organs, body parts, foetuses, blood and bodily fluids and also those of animals;"person" includes any organ of state;"pharmaceutical waste" includes expired, unused, split and contaminated pharmaceutical products, drugs, vaccines and sera that are not longer required and that need to be disposed of appropriately;"pressurized container waste" includes pressurized cylinders and cartridges used in health care facilities to store gases;"priority waste" means waste declared to be such by the Director in terms of this By-law or in terms of national or provincial legislation;"public place" any square, street, through fare, bridge, partway, sidewalk, alley, open area, garden, park or any open area in the area of jurisdiction of the municipality;"radioactive waste" includes solid, liquid and gaseous materials contaminated with radionuclides, including waste produced as a result of procedures such as in vitro organ imaging and tumour localization and various investigative and therapeutic practices;"recyclable materials" means any material that can be converted into materials that can be re-used to make new products or resources;"residential waste" means waste that emanates from premises used wholly or mainly for residential, educational, sport or recreational purposes and may include recyclable materials and non-recyclable material, but excludes hazardous waste;"sharp waste" includes items that could cause cuts or puncture wounds and includes, but is not limited to, needles, hypodermic needles, scalpels and other blades, knives, infusion sets, saws, broken glass and nails, and the word "sharp" has a corresponding meaning;"Tariff Policy and Tariff By-Law" means the Tariff By-Law adopted by the Council of the Municipality and published in the Provincial Gazette from time to time;"unlawful dumping" means dispose of waste in any manner other than one permitted by law and includes, without derogating from the generality of the afore going, to deposit, discharge, spill or release waste, whether or not the waste is in a container or receptacle, in or at any place whatsoever whether publicly or privately owned, including but not limited to vacant land, rivers, waterways, catchments, and sewage and storm water systems, but excludes littering;"waste" means any matter, whether gaseous, liquid or solid or any combination thereof, which is from time to time designated by the National Minister of Environmental Affairs and Tourism by notice in the Government Gazette or by the member of the Executive Council of the Province of the Western Cape who is responsible for waste management in the Province of the Western Cape, as an undesirable or superfluous by-product, emission, residue or remainder of any process or activity;"waste generator" means a property owner, a household, organisation or business entity, the inhabitants, occupants or employees of which generate waste and includes sorters of waste such as recycling or waste minimisation groups, scrap dealers and buy back centres;"waste management officer" means the Solid Waste Manager or an officer referred to in section 25 of this By-law;"waste with heavy metals" includes mercury waste from thermometers, blood pressure gauges, residues from dentistry, cadmium waste from discarded batteries, reinforced wood panels used in radiation proofing, and drugs containing arsenic;
2. Application of this By-lawIn the event of conflict between this By-law and any other By-law of the Municipality dealing with waste management this By-law must prevail.
3. Categorisation of waste
4. Obligations of waste generators
5. Hazardous waste
6. Event waste
7. Priority waste
8. Emergencies requiring the management of waste
10. Integrated waste management plan
11. Exemptions from submitting an integrated waste management plan
13. Recycling, re-use, sorting and recovery of waste
14. Prohibition of unauthorised disposal of wasteNo person may -(a)dispose of waste in a manner likely to cause pollution of, or have an impact on, the environment or to be harmful to health;(b)dispose of waste other than in accordance with this By-law or National and Provincial legislation;(c)dispose of hazardous waste in a container provided by the Municipality that is designed for the storage of residential or business waste or in bags to be collected by the Municipality;(d)burn waste especially hazardous waste except in approved incinerators which have a permit or licence to do so;(e)dispose of hazardous waste, unless in accordance with an approved integrated management plan;(f)deposit residential, business, industrial, garden, building or hazardous waste in a public litter bin; or(g)deal with waste in a manner that causes dust, spillage or litter.
15. Litter and dumping
16. LicencesAny person who, or entity which, requires a licence in terms of national, provincial or municipal legislation will have to prove on request, to the waste management officer that such person or entity has obtained the appropriate licence within 30 days or such lesser period as specified by such officer.
17. Waste management services, applications and registration for waste collection and removal services
18. Access to private property
19. Premises inaccessible for refuse collectionShould the Municipality be impeded from handling or collecting refuse due to the layout of a person's premises, and if this impediment imposes a danger to employees of the Municipality, the Director may require the owner to do such alterations or additions to the premises as are necessary to remove such impediment at that persons cost.
20. Compliance notices
21. Service of documents and processWhenever any notice, order, demand or other document is authorised or required to be served on a person in terms of this By-law, it shall be deemed to have been effectively and sufficiently served on such a person -(a)when it has been delivered to him or her personally;(b)when it has been left at his or her place of residence or business with a person apparently over the age of 16 years;(c)when it has been posted by registered or certified mail to his or her last known residential or business address and an acknowledgement of posting thereof is produced;(d)if his or her address is unknown, when it has been served on his or her agent or representative in a manner provided for in paragraph (a), (b) or (c); or(e)if his or her address is unknown, when it has been posted in a conspicuous place on the immovable property, if any, to which it relates.
22. Failure to comply with the By-law and enforcement
23. Offences and penalties
24. Delegations by the waste management officerThe waste management officer shall be entitled to delegate to any other official of the Municipality any of his or her powers or obligations in terms of this By-law.
25. Functions and powers of waste management officerThe waste management officer shall be responsible for regulating, controlling, managing and enforcing the provisions of this By-law and national and provincial legislation relating to waste management.
26. Amendments to waste removal servicesThe Municipality may amend any existing waste removal or cleaning services once a process of public notification, participation and comment has been completed and provided the amendment is practical, cost effective and has as its objective the prevention of the proliferation of waste, the minimisation of waste or the reduction of waste to be removed.
27. GuidelinesThe Council may make guidelines not inconsistent with other legislation generally for the better carrying out of the objects and purposes of this By-law.
28. Repeal of By-lawsThe By-laws in Schedule I hereto are hereby repealed.
29. InterpretationIn the event of a conflict between English, Xhosa and Afrikaans versions of this By-law, the English version shall be decisive.
30. Short title and commencementThis By-law is called Municipality Integrated Waste Management By-law, 2013 and comes into operation on promulgation in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Application of this By-law
- 3. Categorisation of waste
- 4. Obligations of waste generators
- 5. Hazardous waste
- 6. Event waste
- 7. Priority waste
- 8. Emergencies requiring the management of waste
- 10. Integrated waste management plan
- 11. Exemptions from submitting an integrated waste management plan
- Section 12.
- 13. Recycling, re-use, sorting and recovery of waste
- 14. Prohibition of unauthorised disposal of waste
- 15. Litter and dumping
- 16. Licences
- 17. Waste management services, applications and registration for waste collection and removal services
- 18. Access to private property
- 19. Premises inaccessible for refuse collection
- 20. Compliance notices
- 21. Service of documents and process
- 22. Failure to comply with the By-law and enforcement
- 23. Offences and penalties
- 24. Delegations by the waste management officer
- 25. Functions and powers of waste management officer
- 26. Amendments to waste removal services
- 27. Guidelines
- 28. Repeal of By-laws
- 29. Interpretation
- 30. Short title and commencement
History of this By-law
14 June 2013 this versionPublished in Western Cape Provincial Gazette no. 7137By-law commences.