INDUSTRY WASTE MANAGEMENT PLANS

PCWEA

26 FEBRUARY 2013

• Waste Act Tools– Norms and Standards– Declaration of priority waste– Licensing– Extended Producer Responsibility– Industry Waste Management Plans

BACKGROUND

• Based on the principle of co-regulation.

• Can be prepared at the instruction of the Minister/MEC or can be developed voluntarily [S28 of the Waste Act].

NB: The relevant section dealing with voluntary development and submission is not yet in effect [S28(7)].

INDUSTRY WASTE MANAGEMENT PLANS

• Prioritised waste streams– Waste Tyres: Currently being

implemented– Paper and Packaging: On hold.– Lighting: On hold– Pesticides: On hold

INDUSTRY WASTE MANAGEMENT PLANS

WASTE TYRE REGULATIONS

DUTIES OF TYRE PRODUCERS

•Registration

– (Existing) Register with the Minister within 30 days of the promulgation of the Regulations.

– (New) Register with the Minister at least 30 days prior to commencing business.

WASTE TYRE REGULATIONS

DUTIES OF TYRE PRODUCERS (Existing):•Development and submission of IIWTMPs

– Prepare and submit an IIWTMP to the Minister within 60 days of the promulgation of the Regulations OR

– Register with an existing IIWTMP AND

– Comply with the IIWTMP immediately upon receiving approval from the Minister or comply within 60 days with an existing IIWTMP.

WASTE TYRE REGULATIONS

DUTIES OF TYRE PRODUCERS (New):

•Development and submission of IIWTMPs

– Shall not commence operations without an IIWTMP approved by the Minister OR

– Providing written confirmation to the Minister of acceptance into an existing IIWTMP.

WASTE TYRE REGULATIONS

Duties of tyre dealers

•Must classify tyres as part-worn, retreadable casings or waste tyres. •Must mutilate all waste tyres.•Comply to an approved IIWTMP

WASTE TYRE REGULATIONS

Duties of waste stockpile owners•Register with the Minister within 30 days of promulgation of the Regulations.•Submit a Waste Tyre Stockpile Abatement Plan to the Minister within 120 days of commencement of the Regulation.•Must not add to the stockpile after 120 days of commencement of the Regulations

WASTE TYRE REGULATIONS

PROGRESS ON IIWTMPs SUBMITTED

IIWTMPs SUBMITTED - SATRP

June 2009: 1st draft submitted

DEA inputs and negotiations with SATRP

05 March 2010: Gazetting for public comment

SATRP work on the comments received

May 2010: 2nd draft submitted

Consultation with other Gov. Depts. including the Competition Commission

04 April 2011: 3rd draft submitted

15 Nov 2011: Plan rejected

March 2012: Resubmission of the SATRP Plan

IIWTMPs SUBMITTED - SATRP

30 Apr 2012: DEA forwarded detailed comments to SATRP

July 2012: 4th draft submitted

13 Feb 2013: DEA inputs and detailed comments on the SATRP plan

IIWTMPs SUBMITTED - REDISA

19 April 2010: 1st draft submitted

DEA inputs and negotiations with REDISA

22 Feb 2011: Submission of 2nd draft

08 July 2011: Gazetting for public comment

REDISA work on the comments received

17 Sept 2011: 3rd draft submitted

28 Nov 2011: Gazetted for Implementation

26 Jan 2012: Withdrawal of the approval

10 Feb 2012: Resubmission of 4th draft

17 May 2012: Gazetting for public comment

IIWTMPs SUBMITTED - REDISA

REDISA work on the comments received

04 June 2012: 5th draft resubmitted

23 July 2012: Gazetted for implementation

30 Nov 2012: Withdrawal of the approval of the Plan approved in July

30 Nov 2012: Gazette for implementation

IIWTMPs SUBMITTED - RMI

21 Dec 2011: 1st draft submitted20 April 2012: Detailed inputs from DEA forwarded to RMI

• Management of waste tyres– Will deal with waste tyres over a 5 year

period as per the Waste Tyre Regulations.

• Categories 1, 2, 3, & 5: Within10 months.• Categories 4, 6, 7, 8 & 9: Within 18

months.

– Management of waste tyres is in terms of the Waste Hierarchy where re-use and recycling options are preferred over energy recovery and disposal to landfill.

REDISA IIWTMP

• Management of waste tyres– Charges a levy of R2.30 per kg on all

tyres produced or imported into the country.

– The money collected through the levy will be used for the management of the waste tyres as shown below:

REDISA IIWTMP

REDISA IIWTMP

REDISA IIWTMP

• Research and development– Research will be undertaken to

facilitate growth of the recycling sector.

REDISA IIWTMP

• Capacity building– Mandatory training at no cost to

trainees will be provided on a quarterly basis to:

• all drivers and their crews, • accounting and management staff

at depots, • tyre shops and all other contractual

role players. – Involvement of PDIs at the core of the

plan.

REDISA IIWTMP

CATEGORY Y 1 Y 2 Y 3 Y 4 Y 5 TOTAL

Head Office 200 200

Depots 36 324 480 480 480 1800

Processors 40 160 240 280 280 1000

Transporter 525 1050 1400 2100 1925 7000

TOTAL 801 1534 2120 2860 2685 10000

• Job creation

10, 000 new jobs plus the estimated 5,000 existing jobs = 10, 500 jobs in total.

• SATRP – January 2012– Requesting that the REDISA plan be interdicted on

the basis that it was not gazetted properly for public comment.

– Requesting the Minister to give SATRP time frames for resubmission of their plan.

– Settled out of court: • Minister gave time frames for the resubmission of the SATRP

plan• Approval of the REDISA plan withdrawn and published for

comment

OVERVIEW OF COURT APPLICATIONS

• SATRP – August 2012– Requesting that their ‘subscribers’ should not be

expected to register and comply with the existing approved REDISA plan.

– Judgement:• Dismissed with costs

– Leave for appeal application (09 Oct 2012)• Dismissed with costs

OVERVIEW OF COURT APPLICATIONS

• RMI – September 2012– Urgent application seeking to interdict the

implementation of the REDISA Plan pending a review process.

– Judgement (18 Sept 2012):• Matter determined to be urgent, but no interdict granted.

Matter referred to a second court.

– Judgement (12 Nov 2012 – Tuchten):• Interdict granted, but also proposed a life line for the Minister

to legitimately withdraw the approved plan, take out paragraph 15.1 and approve the plan with 15.1

OVERVIEW OF COURT APPLICATIONS

• RMI – December 2012– RMI questioned the power of the Minister to withdraw

July 2012 plan and thereby requested that the November 2012 Plan be declared null and void and the July 2012 plan be reinstated.

– Judgement (30 January 2012):• Dismissed with costs

– RMI launched leave to appeal to SCA which was granted on the 15 February 2012.

OVERVIEW OF COURT APPLICATIONS

REDISA IIWTMP IMPLEMENTATION

• The REDISA IIWTMP is currently in implementation.

• DEA is monitoring REDISA’s compliance to the approval letters as well as the deliverables of the plan against the set time frames.

THANK YOU!