Policy and strategy for groundwater quality management in ...ii Policy and Strategy for Groundwater...

POLICY AND STRATEGY FORGROUNDWATER QUALITY MANAGEMENT

IN SOUTH AFRICA

Department of Water Affairs and ForestryRepublic of South Africa

First Edition 2000

water quality:waste

managementsubseries

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 i

Published by

Department of Water Affairs and ForestryPrivate Bag X313

PRETORIA0001

Republic of South AfricaTel: (012) 336 7500Fax: (012) 323 4472

First Edition 2000

ISBN 0-620-23789-9

Copyright reserved

No part of this publication may bereproduced in any manner

without full acknowledgementof the source

This report should be cited as:

Department of Water Affairs and Forestry, Number W.1.0: First Edition 2000. Policy and Strategy for GroundwaterQuality Management in South Africa.

Project LeadersLeon Bredenhann and Eberhard Braune

Co-ordinating ConsultantJohn Wates

WASTE MANAGEMENT SUBSERIES

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000ii

WATER QUALITY: WASTE MANAGEMENT SUBSERIES

This document is the first in a series of documents in the W-Subseries (Water Quality: Waste ManagementSubseries) dealing with issues related to water quality management.

W.1.0 Policy and Strategy for Groundwater Quality Management in South Africa

W.2.0 Summary of National Policy and Strategy for Groundwater Quality Management in South Africa

W.3.0 Waste Generation in South Africa

W.4.0 Community Waste and Litter in South Africa

W.5.0 Disposal Sites for Hazardous and General Wastes in South Africa

W.6.0 Towards Formulation of a Waste Management Strategy for South Africa

W.7.0 Situation Analysis Based on Baseline Studies Regarding Waste Management in South Africa

PREFACE

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 iii

PREFACE

With the coming of the Reconstruction and DevelopmentProgramme, groundwater has been accorded a completely

new importance in South Africa. Indeed, throughout the

world, local groundwater resources are the preferreddomestic water supply.

Traditionally, groundwater has been the only source of

water supply in most of South Africa’s rural areas makingup about 65 per cent of our total supply. It will, however,

be impossible to meet - in a cost-effective way and usingwater from dams and piped surface water supplies - the

needs of eight million people in approximately 15000settlements. In recognition of its new-found importance in

South Africa, groundwater has been brought into the

public trust domain by way of the new National WaterAct, 1998 (Act 36 of 1998).

However, we have to act fast and decisively. The hidden

nature of groundwater makes it prone to a lot ofmisunderstanding and mismanagement. Already

increasing levels of development, urbanisation,agriculture, mining and industrialisation pose a severe

threat to the quality of the resource, both because of over-abstraction and contamination. Millions of rands are spent

every year on control and remediation measures.

Remediation of polluted groundwater is very difficult,very costly, and often impossible.

In a country where eight million people do not have

adequate access to a potable water supply - a basic needof the highest priority - groundwater will, in many cases,

be the most cost-effective source.

To this day, South Africa has had no policy or strategy to

manage the quality of this all-important resource.Whereas systems for the management of surface water

quality are well established, there is still a dire lack ofknowledge about groundwater, not only about exactly

where it occurs, but also about how to manage it so thatits quality does not deteriorate to unacceptable levels.

As a result, the Department of Water Affairs and Forestry

has already in 1994 initiated the development of a policyand strategy for the management of groundwater quality

in South Africa, marked by extensive stakeholder

consultation, and recently supported by the provisions ofthe National Water Act.

This document now represents the First Edition of my

Department’s Policy and Strategy for the GroundwaterQuality Management in South Africa. It represents a

strategy which is practical, affordable and easilyimplemented. It takes its guiding principles from the

White Paper on A National Water Policy for South

Africa, and it integrates the management of the quality ofsurface and groundwater. To this end, it will help to

ensure efficient management of both resources.

The Policy and Strategy for Groundwater QualityManagement will serve as a decisive input to the

formulation of South Africa’s National Water ResourceStrategy as required in terms of section 5 of the National

Water Act. In this regard I invite you to submit yourwritten comments to the Director: Water Quality

Management, Department of Water Affairs and Forestry,

Private Bag X313, Pretoria, 0001.

More remains to be done before the Strategy will be fullydeveloped. We cannot, however, wait until all the details

have been resolved. In the interim, whilst the NationalWater Resource Strategy is being developed, the

Department intends proceeding with the implementationof the strategy set out in this document.

We are indebted to our stakeholders who, over the three

years that the Policy and Strategy were being developed,

gave of their time and energy to contribute to thisimportant task. Numbered among them are those who rely

on groundwater as their source of water, those whoimpact upon it, those who irrigate their lands with it and

those who provided scientific and technical advice.

RONNIE KASRILS, MPMINISTER OF WATER AFFAIRS ANDFORESTRY

TABLE OF CONTENTS

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000iv

Table of contentsWATER QUALITY: WASTE MANAGEMENT SUBSERIES ii

PREFACE iii

TABLE OF CONTENTS iv

EXECUTIVE SUMMARY vii

INTRODUCTION viiSouth Africa’s water resources under stress viiEquity viiPurpose and context of this document viiWhat the Policy and Strategy document covers vii

GROUNDWATER QUALITY vii

MANAGEMENT FRAMEWORK viiThe National Water Act (1998) viiPolicy principles viiiThe Department as Trustee viii

MISSION, GOALS AND APPROACHES viiiWater resource management mission viiiGroundwater quality management mission viiiPolicy goals viiiHow to effect the policy goals viiiPrinciples in practice viiiPrecautionary approach ixDifferentiated approach ixAuthorisations and the role of Best Practice ixCo-ordination is key ix

FUNCTIONAL STRATEGIES ixSource-directed strategies ixResource-directed strategies ixRemediation strategies ixIntegration x

REGULATORY INSTRUMENTS xRegulatory instruments xDirect intervention xIncentives xSupport x

GROUNDWATER QUALITY MANAGEMENT PROGRAMMES xProgrammes to be started x

INSTITUTIONAL ARRANGEMENTS xThe institutional parts and the players xiOrganisational strategies xiRestructuring xiCommunity participation in groundwater quality management xiResearch and development xi

ENABLING THE GROUNDWATER QUALITY MANAGEMENT STRATEGY xiLegal framework xiEnabling instruments needed xiOperational guidelines and procedures xiTechnical guidelines xiLegal instruments xi

Section 1: INTRODUCTION 1 - 1

1.1 South Africa’s water resources under stress 1 - 11.2 Equity 1 - 11.3 Groundwater is valuable 1 - 11.4 Groundwater is vulnerable 1 - 11.5 A structured approach 1 - 11.6 Water Law principles 1 - 21.7 Groundwater as part of the Department’s national water resource strategy 1 - 2

TABLE OF CONTENTS

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 v

Section 2: GROUNDWATER QUALITY MANAGEMENT FRAMEWORK 2 - 1

2.1 The National Water Act (1998) 2 - 12.2 Policy principles 2 - 12.3 The Department as Trustee 2 - 1

Section 3: MISSION, GOALS, PRINCIPLES AND APPROACHES 3 - 1

3.1 Water resource management mission 3 - 13.2 Groundwater quality management mission 3 - 13.3 Policy goals 3 - 13.4 How to effect the policy goals 3 - 13.5 Principles in practice 3 - 1

3.5.1 Subsidiarity and self-regulation 3 - 13.5.2 Pollution prevention 3 - 13.5.3 Integrated environmental management 3 - 13.5.4 Sustainability 3 - 13.5.5 Polluter pays 3 - 23.5.6 Public participation 3 - 2

3.6 The integrated waste management hierarchy 3 - 23.7 The prevention approach 3 - 23.8 Precautionary approach 3 - 23.9 Differentiated approach 3 - 23.10 Authorisations and the role of Best Practice 3 - 33.11 The decision-making framework 3 - 33.12 General approach to arranging functions 3 - 33.13 Three main functional groups 3 - 33.14 Source-directed strategies 3 - 4

3.14.1 Prevention and minimisation of impacts and the production of waste through source control 3 - 43.15 Resource-directed strategies 3 - 43.16 Remediation strategies 3 - 53.17 Integration of groundwater quality management 3 - 53.18 Key success factors 3 - 5

3.18.1 Departmental factors 3 - 53.18.2 Other factors 3 - 53.18.3 External factors 3 - 6

Section 4: FUNCTIONAL STRATEGIES 4 - 1

4.1 Source-directed strategies 4 - 14.1.1 Land-use planning and land-use allocation 4 - 14.1.2 Groundwater abstraction and de-watering 4 - 14.1.3 Disturbance of aquifers by mining and related activities 4 - 24.1.4 Damage to aquifers by waste disposal and related activities 4 - 24.1.5 Diffuse sources 4 - 34.1.6 Other sources of groundwater contamination 4 - 3

4.2 Resource-directed groundwater quality management strategies 4 - 34.2.1 Resource evaluation 4 - 44.4.2 Anticipation of threats to groundwater 4 - 44.2.3 Groundwater quality programmes 4 - 44.2.4 Groundwater status reporting 4 - 54.2.5 National groundwater quality guidelines and objectives 4 - 54.2.6 Legal framework 4 - 54.2.7 Licencing of groundwater impacts 4 - 54.2.8 Aquifer management plans 4 - 5

4.3 Remediation strategies 4 - 54.4 Integrated regulatory functions 4 - 6

Section 5: REGULATORY INSTRUMENTS 5 - 1

5.1 Direct intervention relating to source control 5 - 15.2 Incentive programmes 5 - 25.3 Supportive programmes 5 - 2

TABLE OF CONTENTS

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000vi

Section 6: GROUNDWATER QUALITY MANAGEMENT PROGRAMMES 6 - 1

6.1 Groundwater quality management programmes 6 - 16.2 Programme for community water source protection 6 - 1

6.2.1 Policy 6 - 16.2.2 Objectives 6 - 16.2.3 Tools and support 6 - 1

6.3 Public participation 6 - 26.3.1 Policy 6 - 26.3.2 Objective 6 - 26.3.3 Implementation 6 - 2

6.4 Aquifer classification programme 6 - 26.4.1 Policy 6 - 26.4.2 Objective 6 - 26.4.3 Implementation 6 - 2

6.5 Aquifer management programme 6 - 36.5.1 Policy 6 - 36.5.2 Objective 6 - 36.5.3 Tools and support 6 - 36.5.4 Implementation 6 - 3

6.6 Impact authorisations programme 6 - 46.6.1 Policy 6 - 46.6.2 Objective 6 - 46.6.3 Implementation 6 - 4

6.7 Programmes for facility-level groundwater quality monitoring 6 - 46.7.1 Policy 6 - 46.7.2 Objectives 6 - 46.7.3 Tools and support 6 - 46.7.4 Implementation 6 - 5

6.8 National information programmes 6 - 56.8.1 Policy 6 - 56.8.2 Objectives 6 - 56.8.3 Implementation 6 - 5

6.9 Land–use planning programme 6 - 56.9.1 Policy 6 - 56.9.2 Implementation 6 - 5

6.10 Best practice programme 6 - 56.10.1 Policy 6 - 56.10.2 Objectives 6 - 56.10.3 Implementation 6 - 5

Section 7: INSTITUTIONAL ARRANGEMENTS 7 - 1

7.1 The organisational parts and the players 7 - 17.2 Organisational strategies 7 - 17.3 Organisational restructuring 7 - 17.4 Community participation in groundwater quality management 7 - 17.5 Research and development 7 - 1

Section 8: ENABLING THE GROUNDWATER QUALITY MANAGEMENT STRATEGY 8 - 1

8.1 Instruments needed 8 - 18.2 Operational guidelines and procedures 8 - 18.3 Technical guidelines 8 - 18.4 Training and development 8 - 28.5 Extension services 8 - 28.6 Legal instruments 8 - 2

Section 9: DEFINITIONS 9 - 1

LIST OF FIGURES

Figure 1. Functional Structure of the Department of Water Affairs and Forestry. 1 - 2Figure 2. Relationship between the three main strategies and the functional groups around each. 3 - 4

LIST OF TABLES

Table 1. Classes that will be differentiated for groundwater quality management 4 - 4

EXECUTIVE SUMMARY

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 vii

EXECUTIVE SUMMARY

INTRODUCTION

The National Water Act, 1998 (Act 36 of 1998) providesthe necessary framework within which to protect, use,develop, conserve, manage and control our waterresources. The Act needs to be underpinned byimplementation-level policy and a structured managementstrategy. Integrated management of groundwater andsurface water is required in order to provide for adequateprotection of the resource.

The Department of Water Affairs and Forestry already in1994 initiated, with extensive stakeholder consultation,the development of a strategy for the management ofgroundwater quality. Comment on this first edition will beappreciated.

The groundwater quality management strategy will formpart of the Department’s National Water ResourceStrategy.

South Africa’s water resources under stressSouth Africa’s water resources are very unevenlydistributed across the country, and in arid or water-scarceareas, water supply is a constraint to social and economicdevelopment.

The value and vulnerability of groundwater represent astrategic component of the water resources of SouthAfrica. Groundwater occurs widely and, geographically,almost two thirds of South Africa’s population dependson it for their domestic water needs. Security ofgroundwater supplies is thus essential and protection ofgroundwater has become a national priority.

It is common for groundwater to be poorly managed. Ittakes a long time to detect that it has become polluted andgroundwater has only limited ability to purify itself. It isdifficult, often impossible, and also very expensive torestore polluted groundwater. The major reason for poormanagement of groundwater resources, however, hasbeen a lack of a structured approach to management and alack of knowledge and information about groundwater.

EquityThe provision of safe drinking water has been recognisedas a critical factor in breaking the cycle of poor livingconditions. Equity in provision of water for basic needs,and sustainability, are thus now the most importantprinciples of water resource management.

Purpose and context of this documentThis document, as a starting point for implementation ofgroundwater quality management within the Department,specifies strategic objectives and broad functionalstrategies. It should be viewed as being dynamic and mustbe expected to evolve as other areas of strategy enabledby the National Water Act are developed.

What the Policy and Strategy document coversThe strategy provides the framework within whichdetailed management procedures can be developed andimplemented and addresses the following key aspects:• broad functional strategies (Sections 4, 5 and 6);• institutional arrangements for groundwater quality

management (Section 7);• requirements for enabling implementation of the

strategy (Section 8).

GROUNDWATER QUALITYMANAGEMENT FRAMEWORK

The National Water Act (1998)National government is empowered - and empowers -through the National Water Act to fulfil obligations setout in the Act relating to the use, allocation and protectionof, and access to, water resources.

The National Water Act thus provides the frameworkwithin which the Department can manage the protection,use, development, conservation and control of SouthAfrica’s water resources.

The eleven uses of water in accordance with the NationalWater Act are, in summary:• taking water from a water resource• storing of water• impeding or diverting the flow of water in a

watercourse• engaging in stream flow reduction activities• engaging in controlled activities• discharging of waste water containing waste• disposing of waste in a manner which may

detrimentally impact on a water resource• disposing of heated or waste water• altering the bed, banks, course or characteristics of a

water course• removal of underground water• using water for recreational purposes.

The eleven uses are not rights and may generally takeplace only in terms of an authorisation or licence.

In its implementation of the Act, the Department musttake into account the following:a) basic human needs of present and future generations;b) the need for equitable access to water;c) redressing the results of past racial and gender

discrimination;d) promoting the efficient, sustainable and beneficial

use of water in the public interest;e) facilitating social and economic development;f) providing for growing demand for water use;g) protecting aquatic and associated ecosystems and

their biological diversity;h) reducing and preventing pollution and degradation of

water resources;

EXECUTIVE SUMMARY

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000viii

i) meeting international obligations;j) promoting dam safety;k) managing exposure to, and effects of, floods and

droughts.

National government is empowered through the Act toestablish suitable institutions and to ensure that they haveappropriate community, racial and gender representation.

The Act will enable the Department to effectivelyimplement its new policies regarding groundwater qualitymanagement. The following will be important:• groundwater no longer enjoys the status of private

water and is now subject to the same control measuresas surface water;

• powers to monitor, assess, plan and audit performanceof all water users have been provided for in the Act;

• the Department can within its available resourcesprovide extension and support services and play a rolein building capacity at community level; and

• the Department will be able to influence land-use-planning decisions, to regulate or prohibit land-basedactivities, to develop and implement Best Practicestandards and to implement source controls wherenecessary. Implementation of Best Practice standardsas conditions of authorisation managed by otherorgans of state will be particularly important.

Policy principlesSustainability and equity are recognised as central guidingprinciples in the protection, use, development,conservation, management and control of water resources.These guiding principles recognise the basic human needsof present and future generations: the need to protectwater resources, the need to share water resources withother countries, the need to promote social and economicdevelopment through the use of water and the need toestablish suitable institutions in order to achieve thepurpose of the Act.

The special nature of groundwater must be recognised inimplementing policy. Impacts on groundwater are oftenlong term and irreversible. The precautionary principlemust therefore be strictly applied when making decisionsabout groundwater.

The Department as TrusteeNational Government, acting through the Minister, is thepublic trustee of the country’s water resources. TheMinister, through the Department, is responsible forimplementing the National Water Act. Surface andgroundwater quality management are both important partsof this responsibility.

The strategy for groundwater quality management must,therefore, ultimately be executed in the context of theDepartment’s overall National Water Resource Strategy,and its water quality management strategy.

MISSION, GOALS AND APPROACHES

Water resource management missionThe Department’s water resources management missionis:

To act as the public trustee of the nation’s waterresources to ensure that the country’s water is protected,used, developed, conserved, managed and controlled in asustainable and equitable manner.

Groundwater quality management missionThe groundwater quality management mission is set inthe context of the water resources mission and is asfollows:

To manage groundwater quality in an integratedand sustainable manner within the context of the NationalWater Resource Strategy and thereby to provide anadequate level of protection to groundwater resourcesand secure the supply of water of acceptable quality.

Policy goalsThe Department will achieve its mission through effectingthree policy goals:• to implement source-directed controls to prevent and

minimise, at source, the impact of development ongroundwater quality by imposing regulatory controlsand by providing incentives (mainly Chapter 4 of theNational Water Act);

• to implement resource-directed measures in order tomanage such impacts as do inevitably occur in such amanner to protect the reserve and ensure suitabilityfor beneficial purposes recognised by the Act(Chapter 3 of the National Water Act);

• to remedy groundwater quality where practicable toprotect the reserve and ensure at least fitness for thepurpose served by the remediation (Chapter 3 of theNational Water Act).

How to effect the policy goalsThe Department will effect its policy goals by:• establishing an understanding of the vulnerability to

pollution of the country’s groundwater resources;• establishing an understanding of the relationship

between polluting activities (sources) and qualityeffects in the groundwater;

• the regulation and prohibition of land-based activitieswhich may affect the quantity and quality of water(section 13 of the National Water Act), i.e. thelocation and nature of development in relation to itsimpact on groundwater quality;

• controlling practices and use measures to lessen thepolluting effects of activities which threatengroundwater quality; and

• controlling the aggregate impact of certain prescribedactivities.

Principles in practicePrinciples that will guide the implementation of thisstrategy include subsidiarity and self-regulation, pollutionprevention, integrated environmental management,equity, sustainability, the polluter pays, and publicparticipation.

EXECUTIVE SUMMARY

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 ix

Precautionary approachGroundwater protection will be based on a precautionaryapproach. All groundwater will therefore be assumed tobe vulnerable to damage unless it can be shownotherwise. This approach to protection will beimplemented for source-directed, resource-directed andremedial management measures.

Differentiated approachIn South Africa’s situation of widespread and highlylocalised groundwater occurrence and use, it will bephysically and economically impossible to protect allgroundwater resources to the same degree. South Africa’swater policy does not aim to prevent impacts to the waterenvironment at all costs since this would not allow thecountry to achieve much-needed social and economicgrowth. For effective and focused intervention, adifferentiated protection approach is necessary, based onthe vulnerability - and regional, as well as local,importance - of aquifers.

Groundwater resources will be grouped into aquifers.Each aquifer will be assigned a management class on thebasis of the importance of that aquifer. Importance will bebased on the potential yield, as well as on the level towhich communities depend on the aquifer. Aquifers thatrepresent the sole source of water for communities will beafforded special status irrespective of the potential yieldand will enjoy the highest level of protection.

Authorisations and the role of Best PracticeSource-directed pollution prevention has been enabledthrough the National Water Act in a number of ways. Ofthese, regulations, licences and general authorisations arethe most direct and powerful. These instruments are basedon standards of performance. Standards will bedocumented to provide both the Department and theregulated community with a clear understanding of whatis expected of them.

Best Practice standards play an important role inproviding norms against which to measure performance.The Department will assume the lead role in developingstandards of practice. The Department will also promotethe development of Best Practice standards by otheragencies and will encourage the regulated community todevelop its own standards conforming to those of theDepartment.

Co-ordination is keyPolicy formulation, planning, monitoring, auditing, publicparticipation and co-ordination are important elements ofthe policy and strategy for the management ofgroundwater quality management in the RSA.Co-ordinating these functions must be part of this nationalstrategy. The Department will also co-ordinate resourceplanning, setting of standards, monitoring and auditing.

FUNCTIONAL STRATEGIES

The functional approach which the Department will adoptin order to achieve its policy goals is:

• a source-directed approach to impact prevention andminimisation;

• a resource-directed approach to groundwater qualitymanagement; and

• a site-specific, needs-based approach to remediationof degraded groundwater.

Source-directed strategiesSource-directed measures include:• authorisations and licences;• standards to regulate the quality of waste discharges

to water resources (the so-called end-of-pipe quality);• requirements for on-site management practices (e.g.

to minimise waste at source and to control diffusepollution);

• requirements to minimise impacts of water usegenerally, not just water quality aspects;

• requirements for clean-up and remediation of waterresources that have already been polluted.

Other protection measures include both mandatory andvoluntary demand management, and economic incentivesto foster the development of low-waste and non-wastetechnologies, and to reduce pollution.

Resource-directed strategiesResource-directed measures are directed at the waterresource itself. They focus on the water resource as anecosystem rather than simply on water itself as acommodity. The following resource-directed measures arespecified by the Act (Chapter 3):• a national classification system for water resources,

including groundwater;• determining a management class for each resource;• determining the “Reserve,” which includes the basic

human needs reserve (water for drinking, foodpreparation and personal hygiene) and the ecologicalreserve, which must be determined for all or part ofany significant water resource such as rivers, streams,wetlands, lakes, estuaries, as well as groundwater;

• setting resource-quality objectives which representthe desired level of protection of a water resource;

• in general, for the groundwater component of thenational water resource, a mortality rate of one in300 000 of the aquatic environment is deemedacceptable for the determination of the Reserve.

Remediation strategiesRemedial action is needed when contamination ofgroundwater is occurring, or has already occurred, andwhere the law cannot be applied to enforce clean-up, orwhere it is necessary to replenish the reserve. Remedialactions will be implemented on a site-specific needs basis.Remedial actions include:• prioritisation and evaluation of priorities for remedial

action;• clean-up of abandoned sites; and• emergency action procedures or plans for accidental

spills.

EXECUTIVE SUMMARY

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000x

IntegrationImplementation of the three strategies (source-directed,resource-directed and remediation) must be integrated toachieve the overall objective of sustainable groundwaterutilization.

REGULATORY INSTRUMENTS

Regulatory instrumentsRegulatory instruments provide the government with themeans to intervene and influence the behaviour of thecommunity targeted for regulation. Intervention isintended to ensure that the policy goals are achieved byinducing the desired behaviour from polluters andpotential polluters. The strategy includes three kinds ofinstruments:• instruments of direct intervention;• incentive programmes; and• supportive programmes.

Direct interventionDirect intervention occurs when the Departmentintervenes or commands certain behaviour or performancefrom the target community. These instruments put theDepartment in a position to pre-empt the need for reactivemeasures. The instruments at the Department’s disposalinclude, for example:• water use licences• general authorisations• compulsory licences• controlled activities• pollution remediation• emergency action.

The above and other control instruments will beimplemented within the context of procedural andtechnical guidelines.

IncentivesIncentives will give the regulated community someflexibility, but within a framework of prescribedobjectives. The Department supports self-imposeddiscipline and will continue to do so whenever possible.Where the regulated community can mobilise itself todevelop sectoral norms and standards, the Departmentwill actively participate in the process. Charges for waterresources management may be used as an instrument toencourage appropriate behaviour.

SupportThe Department will seek to influence sectors that cannotbe controlled by direct intervention or incentives.Protection of groundwater in rural and peri-urban areascannot be achieved through the usual direct interventionor incentive-based instruments. For these sectors theDepartment will use the following instruments:• research and development to build capacity, to

advance knowledge and understanding and todevelop new and better ways of improvinggroundwater quality;

• Best Practice guidelines to educate and build thecapacity of the community to regulate itself;

• educational initiatives to raise the level of awarenessand develop skills needed to empower communitiesto protect their groundwater supplies; and

• extension services to advise and assist communitiesto implement groundwater protection programmes.

The Department will need to co-operate with otherauthorities and non-governmental organisations currentlydealing with the affected communities. The Departmentwill, up front, become involved in land-use planningdecisions in order to prevent pollution. Land-use planningguidance notes and educational literature will be used.

GROUNDWATER QUALITYMANAGEMENT PROGRAMMES

In order to implement the Policy and Strategy, theDepartment will launch a series of groundwater qualitymanagement programmes.

Each programme will have a clearly defined objective,action plan and time frame. The purpose of eachprogramme will be to develop a component of thestrategy and to oversee its implementation into theoperational part of the regulatory system.

Each programme will contribute to the further evolutionof the strategy and to continuous improvement in theregulatory system.

Programmes to be startedThe following programmes will enjoy the highest priority:• community water source protection;• public participation;• aquifer classification;• aquifer management system development;• impact consent procedural system development;• facility level groundwater quality monitoring;• national groundwater information system

development;• land-use planning;• Best Practice;• underground storage of contaminated water;• resource level groundwater quality monitoring;• reserve determination;• identification of groundwater restoration priorities;

and• research and development needs and priorities.

The national groundwater quality programmes cannot allbe started at the same time. The Department will prioritisethe programmes according to need and importance.

INSTITUTIONAL ARRANGEMENTS

Water quality management and specifically groundwaterquality management must take place within theframework provided by the National Water Act andwithin the Department’s organisational and other relevantinstitutional structures.

EXECUTIVE SUMMARY

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 xi

The institutional parts and the playersThe Department will assume the leading role forgroundwater quality management at national level andwill rely on the following additional roleplayers:• other national government departments;• provincial and local government;• the research community;• the affected community;• the regulated community.

Organisational strategiesThe Department’s organisational approach is based oncentralised planning and decentralised implementation atregional and catchment level. Decentralisedimplementation of source-directed, resource-directed andremediation measures will be implemented by CatchmentManagement Agencies as part of a catchmentmanagement strategy for each catchment. Groundwaterquality management will be devolved incrementally tothis level.

RestructuringThe process that will lead to restructuring of theDepartment in accordance with the National Water Act isin progress. The organisational arrangements that will berequired to give effect to the groundwater qualitymanagement strategy will be addressed during therestructuring process.

In the interim, the Department intends proceeding withimplementation of the groundwater quality managementstrategy. Implementation will, however, be done in such amanner as to accommodate changes in the structure.

Community participation in groundwater qualitymanagementCommunity participation in water resource management,and more specifically in groundwater qualitymanagement, will be facilitated through formal structuressuch as Catchment Management Agencies and WaterUser Associations.

Research and developmentThe current focus of the Department’s research anddevelopment is through the Institute of Water QualityStudies and the Water Research Commission. Otherorganisations, however, also play an important role inwater-related research.

ENABLING THE GROUNDWATER QUALITYMANAGEMENT STRATEGY

Creating an enabling environment in the context of thisstrategy means placing the people who will implement thestrategy and administer the groundwater managementsystem in positions to carry out these tasks. It also meansfacilitating their planning and evaluating their decision-making.

The above depends on a structured environment in whichthe following have been clarified and implemented:• water resources policy and strategy;• mandates; and• supporting legislation and regulations.

Legal frameworkOnce the structured environment referred to above is inplace it will be necessary to develop those instrumentsand procedures that guide practical implementation of thestrategy.

Enabling instruments neededThree main enabling instruments are needed to implementthe strategy. These are:• operational guidelines and procedures;• technical guidelines; and• training and development.

These instruments will be augmented by extensionservices.

Operational guidelines and proceduresOperational guidelines are needed to assist officials toperform their responsibilities and to carry out theirfunctions in a coherent and consistent way. Some havealready been developed to implement core components ofthe management plan. Others are in the process of beingdeveloped.

Technical guidelinesTechnical guidelines are needed where practice isinadequate or inconsistent. The Department’s “minimumrequirements” already provide a good basis forBATNEEC (best available technology not entailingexcessive cost) guidelines for waste management ingeneral. These documents need revision to cover wastefrom cradle to grave and to accommodate theDepartment’s differentiated protection policies. Furtherguidelines will be developed to support the groundwatermanagement strategy.

Training and developmentDepartmental staff involved in water quality managementwill receive the necessary in-house training to be able tofulfil their functions effectively

Legal instrumentsThe National Water Act will enable the Department toeffectively implement the groundwater qualitymanagement strategy. Several additional laws will play animportant part in supporting implementation, for example:• Water Services Act (Act 108 of 1997);• National Environmental Management Act (Act 107

of 1998);• Minerals Act (Act 50 of 1991);• Environment Conservation Act (Act 73 of 1989).

water quality:waste

managementsubseries

INTRODUCTION

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 2000 1 - 1

Section 1INTRODUCTION

The National Water Act, 1998 (Act 36 of 1998) providesthe necessary framework within which to protect, use,develop, conserve, manage and control our waterresources. The Act needs to be underpinned byimplementation-level policy and a structured managementstrategy. Integrated management of groundwater andsurface water is required in order to provide for adequateprotection of the resource.

The Department of Water Affairs and Forestry has, asearly as 1994, initiated the development of a policy andstrategy for the management of groundwater quality. Thiswill form part of its overall National Water ResourceStrategy. Extensive stakeholder consultation marked thedevelopment of the strategy. This development is nowwell advanced and the Department is already makingprogress on aspects of its implementation, supported bythe provisions of the National Water Act.

Effective management requires continuous review andadaptation of strategies. The strategy set out in thisdocument provides a starting point for managinggroundwater quality. It should therefore be viewed asbeing dynamic and must be expected to evolve as otherareas of strategy enabled by the National Water Act aredeveloped.

1.1 South Africa’s water resourcesunder stress

South Africa’s water resources are very unevenlydistributed across the country, and in arid or water-scarceareas, water supply is a constraint to social and economicdevelopment. At the present population level of around 42million, there are just over 1 200 kilolitres per person peryear of available fresh water. This places South Africa onthe threshold of the internationally accepted definition of“water stress.”

1.2 Equity

The provision of safe drinking water has been recognisedas a critical factor in breaking the cycle of poverty andunderdevelopment. The basic water provision as definedin the White Paper on Water Supply and Sanitation(1994) is 25 litres of water per person per day within 200metres of their home.

1.3 Groundwater is valuable

Groundwater is a key component of the water resourcesof South Africa. As such it will provide much of the waterrequired for basic needs, especially since the country’ssurface water resources are unevenly distributed andcannot cope with the growing demand for water.Groundwater is especially important because:

• it occurs widely, even in the drier two-thirds of thecountry where there is little or no surface water;

• almost two-thirds of South Africa’s populationdepends on groundwater for their domestic waterneeds; and

• essential domestic needs can be met cost-effectivelyfrom groundwater sources.

Groundwater, in many parts of the country, provides theonly means of satisfying basic human needs. Presentcoverage of water supply is estimated at around 68%. Thetarget is full coverage to satisfy basic needs by 2007. Asthe country’s people start depending more and more ongroundwater, so the need grows to provide for thesecurity of its supply. Protection of groundwater has,therefore, now become a national priority.

1.4 Groundwater is vulnerable

It is common for groundwater to be poorly managed. Thisis because of its invisible nature - it takes a long time tonotice when it has become polluted and, unlike surfacewater, it has limited ability to purify itself. It is difficult,and often impossible, to restore polluted groundwater, andcertainly very expensive.

The major reason for poor management of groundwaterresources, however, is ignorance. Water managers lackknowledge and information about where it occurs, theimportance of its protection, and how to protect it.

1.5 A structured approach

Water management must take into account political,social and environmental issues. Management plans mustalso be part of broader, regional development plans thatinclude agricultural, mining, manufacturing, rural andurban development and ecological needs.

Protecting surface and groundwater in an integratedmanner is central to successfully managing the country’slimited water resources. The National Water Act providesthe necessary framework within which to protect, use,develop, conserve, manage and control our waterresources but needs to be underpinned by implementationlevel policy and a structured management system.

The structured approach to management of groundwatershould be based on the fundamental water law and in thecontext of the following framework:

• a change from private to public status of allgroundwater, as has been effected by the NationalWater Act (1998);

• transparency and freedom of access to information;• integrated management of surface and groundwater

quality and quantity; and

INTRODUCTION

Policy and Strategy for Groundwater Quality Management in South Africa, First Edition 20001 - 2

• restructuring of pollution control and wastemanagement into an integrated regulatory system.

1.6 Water Law principles

Government policy and strategy are guided by sevenwater law principles contained in Appendix 2 of theDepartment’s White Paper on a National Water Policy forSouth Africa. The three principles below are veryimportant for groundwater:

Principle 2: All water, wherever it occurs in the watercycle, is a resource common to all, the use of which shallbe subject to national control. All water should have aconsistent status in law, irrespective of where it occurs.

Principle 3: There shall be no ownership of water, butonly a right to its use (for environmental and basic humanneeds) or an authorisation for its use. Any authorisationto use water in terms of the Water Law shall not be inperpetuity.

Principle 5: In a relatively arid country such as SouthAfrica, it is necessary to recognise the unity of the watercycle and the interdependence of its elements, whereevaporation, clouds and rainfall are linked togroundwater, rivers, lakes, wetlands and the sea, andwhere the basic hydrological unit is the catchment.

1.7 Groundwater as part of theDepartment’s national waterresource strategy

Figure 1 illustrates the Department’s overall functionalstructure for water resource management which isunderpinned by water use regulation and water resourceprotection. Groundwater quality management involvesboth source-directed and resource-directed pollutionprevention, as well as remediation measures. Thegroundwater quality management strategy addresses theseaspects.

Figure 1. Functional Structure of the Department of Water Affairs and Forestry.

DWAFWater Resource Management

Water Use RegulationTo achieve• Equitable allocation• Beneficial use in public

interest• Management of impact

of water useFor all possible uses, e.g.• Taking and storing

water• Activities which reduce

stream flow• Waste discharges and

disposals, etc

Water ResourceProtection

Other ManagementStrategies

PollutionPrevention and

Remediation

Pollution to a waterresource that may occur asa result of activities on land

Resource-directed Measures

• Classification• Reserve• Resource quality objectives

- quantity- quality- habitat- biota

2: GROUNDWATER QUALITY MANAGEMENT FRAMEWORK


Section 2GROUNDWATER QUALITY MANAGEMENT FRAMEWORK

This policy and strategy deal with groundwater qualitymanagement within the broader framework of thecountry’s water policy, the National Water Act and theWater Services Act.

2.1 The National Water Act (1998)

The National Water Act provides the framework withinwhich the Department can manage the protection, use,development, conservation and control of South Africa’swater resources.

The eleven uses of water specified by the National WaterAct (Section 2) are:

• taking water from a water resource• storing of water• impeding or diverting the flow of water in a

watercourse• engaging in a stream flow reduction activity• engaging in a controlled activity identified as such in

section 37(1) or declared under section 38(1)• discharging waste or water containing waste into a

water resource through a pipe, canal, sewer, seaoutfall or other conduit

• disposing of waste in a manner which maydetrimentally impact on a water resource

• disposing in any manner of water which containswaste from, or which has been heated in, anyindustrial or power generation process

• altering the bed, banks, course or characteristics of awatercourse

• removing, discharging or disposing of water foundunderground if it is necessary for the efficientcontinuation of an activity or for the safety of people,and

• using of water for recreational purposes.

The eleven uses are not rights and may generally takeplace only in terms of an authorisation or licence.

In implementation of the Act the Department must takeinto account the following (section 2 of the Act):

a) basic human needs of present and future generationsb) the need for equitable access to waterc) redressing the results of past racial and gender

discriminationd) promoting the efficient, sustainable and beneficial

use of water in the public intereste) facilitating social and economic developmentf) providing for growing demand for water useg) protecting aquatic and associated ecosystems and

their biological diversityh) reducing and preventing pollution and degradation of

water resourcesi) meeting international obligations

j) promoting dam safetyk) managing exposure to, and effects of, floods and

droughts

National government is empowered through the Act toestablish suitable institutions and to ensure that they haveappropriate community, racial and gender representation.

The Act will enable the Department to effectivelyimplement its new policies regarding groundwater qualitymanagement. The following will be important:• groundwater no longer enjoys the status of private

water and is now subject to the same control measuresas surface water;

• powers to monitor, assess, plan and audit performanceof all water users have been provided for in the Act;

• the Department can within its available resourcesprovide extension and support services and play a rolein building capacity at community level; and

• the Department will be able to influence land-use-planning decisions, to regulate or prohibit land-basedactivities, to develop and implement Best Practicestandards and to implement source controls wherenecessary. Implementation of Best Practice standardsas conditions of authorisation managed by otherorgans of state will be particularly important.

2.2 Policy principles

Sustainability and equity are recognised as central guidingprinciples in the protection, use, development,conservation, management and control of water resources.

These guiding principles recognise the basic human needsof present and future generations: the need to protectwater resources, the need to share water resources withother countries, the need to promote social and economicdevelopment through the use of water and the need toestablish suitable institutions in order to achieve thepurposes of the Act.

The special nature of groundwater must be recognised inimplementing policy. Impacts on groundwater are oftenlong term and irreversible. The precautionary principlemust therefore be strictly applied when making decisionsabout groundwater.

2.3 The Department as Trustee

National Government, acting through the Minister, is thepublic trustee of the country’s water resources. TheMinister, through the Department, is responsible forimplementing the National Water Act (1998). Surface andgroundwater quality management are both important partsof this responsibility.

2: GROUNDWATER QUALITY MANAGEMENT FRAMEWORK


The strategy for groundwater quality management musttherefore be executed in the context of the Department’soverall National Water Resource Strategy, and its waterquality management strategy.

The Department is currently refining its water qualitymanagement strategy as a part of the National WaterResource Strategy provided for by the Act. Developing astrategy for groundwater quality management andcreating the associated enabling context are part of thisprocess.

3: MISSION, GOALS, PRINCIPLES AND APPROACHES


Section 3MISSION, GOALS, PRINCIPLES AND APPROACHES

A structured approach to the implementation of the Policyand Strategy for Groundwater Quality Managementrequires a clear mission, goals, guiding principles andapproaches within the context of the Department’s overallNational Water Resource Strategy.

3.1 Water resource managementmission

In the context of the National Water Act the Department’swater resource management mission is:

To act as the public trustee of the nation’s waterresources to ensure that the country’s water is protected,used, developed, conserved, managed and controlled in asustainable and equitable manner.

3.2 Groundwater quality managementmission

The groundwater quality management mission is set in thecontext of the water resource mission and is as follows:

To manage groundwater quality in an integrated andsustainable manner within the context of the NationalWater Resource Strategy and thereby to provide anadequate level of protection to groundwater resourcesand secure the supply of water of acceptable quality.

3.3 Policy goals

The Department will achieve its mission through effectingthree policy goals:

• to implement source-directed controls measures toprevent wherever possible and minimise, at source,the impact of development on groundwater quality byimposing regulatory controls and by providingincentives (mainly Chapter 4 of the National WaterAct);

• to implement resource-directed measures in order tomanage such impacts as do inevitably occur in such amanner to protect the reserve and ensure suitabilityfor beneficial purposes recognised by the NationalWater Act (1998) (Chapter 3 of the National WaterAct);

• to remediate groundwater quality where practicableto protect the reserve and ensure at least fitness forthe purpose served by the remediation (Chapter 3 ofthe National Water Act).

3.4 How to effect the policy goals

The groundwater quality management mission will, inessence, be achieved by the Department through:

• the regulation and prohibition of land-based activitieswhich may affect the quantity and quality of water(Section 13 of the National Water Act), i.e.;

• exercising control over the practices, measures andland-based activities which are implemented to lessenthe polluting effects of activities which threatengroundwater quality;

• exerting control over the aggregate impact of certainprescribed activities and groups of activities;

• establishing an understanding of the importance andvulnerability to pollution of the country’s groundwaterresources; and

• establishing an understanding of the relationshipbetween polluting activities (sources) and qualityeffects in the groundwater, i.e. understanding theorigin of pollutants, the pathways which thesepollutants could follow into the environment and theultimate fate of these pollutants.

3.5 Principles in practice

Guiding principles provide the overall value system forapproaching water quality management. Some of theseprinciples require elaboration within the context of thisdocument. Equity was described earlier.

3.5.1 Subsidiarity and self-regulationThe Department will promote the devolution ofresponsibility to the lowest level consistent with effectivefunctioning of the system. The Department will, however,retain all powers in terms of the National Water Actenabling it to act in those instances where regulatoryinitiatives by other authorities or self-regulation fails toproduce the required results.

3.5.2 Pollution preventionEvery effort will be made to prevent pollution throughupfront intervention in any development activities whichmay impact on groundwater. Proponents will have todemonstrate that suitable processes and practices will beemployed to prevent pollution and minimise waste.Prevention of land-use practices which threatengroundwater resources is central to implementation of thisprinciple.

3.5.3 Integrated environmental managementThe Department will promote integration by participatingin the development and implementation of an integratedenvironmental management system and integratedpollution control system for South Africa.

3.5.4 SustainabilityGroundwater quality should be managed such that futuregenerations have access to groundwater that is fit for use.It recognises that degradation of groundwater quality cancause irreversible effects.



3.5.5 Polluter paysThose using resources, receiving a service or producingwaste, should carry the costs and the responsibility forpollution arising from the use of such resources, from theuse of the service and from the associated production ofwaste.

3.5.6 Public participationExtensive provision has been made in the National WaterAct for stakeholder consultation.

3.6 The integrated waste managementhierarchy

The waste hierarchy is central to the groundwaterstrategy. The philosophy is that all waste managementand pollution control implementation should follow ahierarchy of priorities.

The order of priority is:• prevent waste production and pollution wherever

possible;• minimise unavoidable waste production by recycling

and treatment; and• dispose of waste that cannot be recycled or treated.

As a general strategy, the waste hierarchy must be appliedto all decision-making processes and must be built intoroutine regulatory procedures including:

• enforcement (through licences or regulations);• standard setting; and• regulatory programmes.

3.7 The prevention approach

Development will always involve some environmentalimpacts, but these can be prevented in some individualcases. Wherever possible, the regulatory authorities mustprevent waste production, prevent impacts and preventrisks to environmental resources. The strategy will be to:

• prevent development from taking place where theassociated impact will cause unacceptable damage(Section 13 of the Act), or will pose an unacceptablyhigh risk to the affected environmental resources;

• prevent the use of procedures, processes, activities orsubstances that pose an unacceptably high risk to theenvironment; and

• prevent discharges or emissions that pose anunacceptably high risk to the environment.

Prevention is better than cure. In practice the Departmentwill apply this approach in the following ways:

• preventing development of a specified nature in

sensitive environments, such as refusing to allow theconstruction of landfills in areas where groundwaterresources may be important and highly vulnerable topollution; and

• by implementing a differentiated approach toprotection by applying stricter standards where therisk to the environment must be contained, such asspecifying multiple liners and leak detection forlandfills in areas where groundwater may be at risk.

Prevention must pervade the thinking, approach andaction of all regulatory roleplayers, regardinggroundwater quality management.

3.8 Precautionary approach

Groundwater protection will be based on a precautionaryapproach. All groundwater will therefore be assumed tobe vulnerable to damage unless it can be shownotherwise. This approach to protection will beimplemented for source-directed, resource-directed andremedial management measures.

3.9 Differentiated approach

In South Africa’s situation of widespread and highlylocalised groundwater occurrence and use, it will bephysically and economically impossible to protect allgroundwater resources to the same degree. It is alsoimportant to note that South Africa’s water policy doesnot aim to prevent impacts to the water environment at allcosts since this would not allow the country to achievemuch-needed social and economic growth. For effectiveand focused intervention, a differentiated protectionapproach is necessary, based on the vulnerability - andregional, as well as local importance - of aquifers.

The National Water Act (Chapter 3) provides forclassification of water resources. Resource qualityobjectives must then be specified for different waterresource classes. The required reserve must also bedetermined and will be a central consideration indetermining the resource quality objectives and themanagement measures that will be required to protect theresource.

In general, for the groundwater component of the nationalwater resource, a mortality rate of one in 300 000 of theaquatic environment is deemed acceptable for thedetermination of the Reserve. In specific circumstances(highly sensitive aquifers or aquifers with high naturalbackground levels of certain chemicals), and if defensiblymotivated, this rate can be adapted on the basis of aquantitative risk assessment.

Different criteria will be used in the classification ofdifferent kinds of water resources. Groundwater resourceswill be grouped into aquifers. Each aquifer will beassigned a management class on the basis of theimportance of that aquifer. The importance accorded willbe based on the potential yield as well as the level towhich communities depend on the aquifer. Aquiferswhich represent the sole source of water for communitieswill be afforded special status irrespective of theirpotential yield and will enjoy the highest level ofprotection.



3.10 Authorisations and the role of BestPractice

The regulated community must implement some form ofBest Practice to protect the environment fromunnecessary damage. This is a minimum requirement andmakes Best Practice standards the basis of responsiblesource control.

The regulatory authorities must ensure that Best Practiceis clearly defined for those procedures, processes,activities and substances that are a potential threat to theenvironment.

Source-directed pollution prevention has been enabledthrough the National Water Act in a number of ways. Ofthese, regulations, licences and general authorisations arethe most direct and powerful. These instruments are basedon standards of performance which need to bedocumented to provide the Department and the regulatedcommunity with a clear understanding of what is expectedof them.

The Department will assume the lead role in developingstandards of practice. The Department will also supportthe development of Best Practice standards by otheragencies and will encourage the regulated community todevelop their own standards that will be acceptable to theDepartment.

3.11 The decision-making framework

Measures to avoid waste and impacts often benefit onepart of the environment more than others. In someinstances, waste treatment measures that benefit oneenvironmental aspect may increase discharges oremissions to another. Therefore, Best Practice is bestimplemented by considering the environment as a whole.

The Best Practicable Environmental Option (BPEO)provides a decision-making framework to consider theimpacts of different waste discharge and disposal optionson the receiving environment. In some cases this mayinvolve systematic processes to identify the best option; inothers, experience may indicate the choice betweenoptions.

All regulatory processes must adopt systematic thinkingto select the best practicable environmental option.Standards should also be set using the BPEO framework.

3.12 General approach to arrangingfunctions

The Department will rely on three main approaches to thegrouping of regulatory functions. These will provide thedesired level of flexibility to facilitate transfer offunctions to its regional offices, the water managementinstitutions to be established in terms of the NationalWater Act, or other spheres of government in an orderedand efficient manner. They are:

• grouping of main functions around a “like mission”or common purpose;

• grouping of subordinate functions (within mainfunctions) around specific tasks to make up semi-independent regulatory programmes; and

• grouping of integration functions together to facilitateeffective co-ordination.

Policy formulation, planning, monitoring, auditing, publicparticipation and co-ordination are all-important elementsof the groundwater quality management strategies.Co-ordination of these functions must thus be integratedinto the national strategy during implementation.Co-ordination is thus emerging as one of the mostimportant national functions.

The Department will co-ordinate resource planning,setting of standards, monitoring and auditing and willconcentrate on:

• the refinement of the national groundwater policy andstrategy;

• building provincial and local government capacity toassume responsibility for implementation of nationalgroundwater quality management and enforcementprogrammes;

• co-ordination of programme implementation;• development of standardised approaches for

addressing sources of pollution and converting theseto implement programmes;

• management of the groundwater resource; and• promotion and co-ordination of research and

development with particular reference to cleanertechnology and the understanding of the relationshipsbetween sources of pollution and impacts ongroundwater.

Grouping of functions around a common purpose is thefirst step in ordering the regulatory system. TheDepartment has elected to group functions around thethree policy goals. This will have the followingadvantages:• it will facilitate the grouping of like tasks or functions

which require similar skills and training; and• it will ensure that work in each grouping can be

directly related to the objective for that grouping.

3.13 Three main functional groups

Figure 2 illustrates the three main strategies which will beadopted to meet the policy needs, and the functionalgroups will be formed around these three strategies. Afourth group will be required to integrate the work of thethree shown in the figure.

The integration functions will serve the purpose of co-ordinating regulatory action as well as providing the fibrewhich binds the three functional groupings together.



3.14 Source-directed strategies

3.14.1 Prevention and minimisation of impacts and theproduction of waste through source control

Source-directed measures and the associated performanceare often prescribed by legislation other than the NationalWater Act. Other regulatory authorities assumeresponsibility for the administration of these Acts. Thus,even though the Department may be in a position toimpose controls on these activities it will not necessarilydo so through the National Water Act until possibilities toachieve the desired level of control through the other Actshave been considered by applying the principle ofco-operative governance.

The desired level of control of sources of pollution whichthreaten the groundwater resource may thus be achievedby one or other of the following means, or by acombination thereof:

• direct statutory controls through the National WaterAct and regulations promulgated thereunder;

• inclusion by the Department of conditions imposedthrough permits and authorisations issued by otherauthorities; and

• Best Practice guidelines published by the Department,other authorities, or the regulated community itself inco-operation with the Department.

The Department intends implementing a differentiatedapproach to source-directed measures. This will mean thatthe relative stringency and risk levels which will berequired to be managed will be based on the importanceand vulnerability of the groundwater which is at risk.

Best Practice guidelines will form the basis for thenational standards which will apply to the differentclasses of groundwater. Classes of groundwater will beestablished by a national aquifer classification system.

Special standards and protection measures may berequired in addition to Best Practice. These will be part ofthe special requirements of a catchment or aquifermanagement plan.

3.15 Resource-directed strategies

In order to manage groundwater quality effectively theDepartment will develop a good understanding of therelationship between the causes of groundwater damageand the effect on the resource. The Department will alsodevelop a good understanding of groundwater qualitystatus, and the ability to anticipate threats. With thisunderstanding, the Department will make use of theregulatory instruments at its disposal to impose onsources of pollution timeously.

Figure 2. Relationship between the three main strategies and the functional groups around each.

Groundwater QualityManagement Strategy

• Monitoring• Research• Water quality guidelines• Catchment management• Auditing

Integrated Strategies

Sectoral

• Mining Sector• Industrial Sector• Waste• Sewage treatment• Mining waste• Agriculture

Surface Water

• Dischargepermitting

• Nationalmonitoring

• Water qualityguidelines

Groundwater

• Abstractioncontrol• Impact permitting• Aquifermanagement• Impactmanagement(diffusesources)• Spillages

Resource Specific

• Abandoned mines• Mine closure• Mine liquidation• Aquifer cleanups• Abandoneddisposal sites• Disposal site closure

Source-directedStrategies

Resource-directedStrategies

Remediation Strategies

• Abstractioncontrol

• Impact permitting• Aquifer

management• Impact

management(diffuse sources)

• Abandoned mines• Mine closure• Mine liquidation• Aquifer cleanups• Abandoned

disposal sites• Disposal site

closure

• Monitoring• Research• Water quality guidelines• Catchment management• Auditing



The essence of groundwater quality management is to beable to choose and deploy those source controls orremediation measures which would be most effective inprotecting the resource.

Groundwater quality can best be managed on an aquiferbasis. The above mentioned functions will thus generallybe integrated through aquifer management strategies.Aquifer management strategies will, however, be requiredonly for large and continuous aquifers. Localised andpoorly defined aquifers will generally be taken care of aspart of a catchment management strategy.

However, national groundwater resource managementalso requires that functions other than those specific toparticular aquifers be performed. These functions include:

• Ambient quality standards (water quality guidelines);• National protocols and procedures;• Performance auditing; and• National information.

3.16 Remediation strategies

Remediation involves restoration of areas that historicallyhave had unacceptable impacts and of underground waterresources or areas where impacts on such resources havebecome unacceptable.

The Department will identify where remediation isnecessary. The Department should then intervene only asa last resort and should, as its highest priority, ensure thatremedial action is taken by those responsible inaccordance with the principle that “the polluter shouldpay”.

The identification and prioritisation of remedial actionwill take place at catchment level on a needs basis.

3.17 Integration of groundwater qualitymanagement

The Department’s policies form part of a network ofpolicies, strategies, laws and regulations at national,provincial and local level. The Department relies uponthis network in order to achieve the national mission ofsustainable utilisation of groundwater resources. Policyand lawmaking are thus an important integratinginstrument but cannot alone achieve the required degreeof integration.

The three functional groups (source-directed, resource-directed and remediation functions) must be integrated inorder to achieve the overall objective of sustainableutilisation of the groundwater resource. The integrationfunctions serve the purpose of co-ordinating regulatoryaction, as well as providing the fibre which binds thethree functional groupings together.

The Department recognises that integration is a necessaryfunction in its own right. Integration functions serve to:

• co-ordinate the Department’s initiatives to developBest Practice guidelines. Internal co-ordination willachieve the required level of integration betweensurface and groundwater requirements (see Figure 2earlier). External liaison will, however, also berequired with other regulatory authorities;

• co-ordination of the Department’s inputs into policyand lawmaking initiatives within and outside of theDepartment;

• initiation, prioritisation and co-ordination of nationalgroundwater quality programmes (see Section 6 later);

• implementation of outcome of national programmes;and

• co-ordination of research initiatives for groundwaterand surface water.

Planning and national programmes will be integrated atnational level by organisational restructuring. At theoperational level, integration will be achieved through thefunction of catchment management.

3.18 Key success factors

Factors that will have a major influence as regards asuccessful approach in the implementation of the strategyare set out below.

3.18.1 Departmental factorsFactors at departmental level that will contribute tosuccessful implementation include:• strategic reorientation of the Department to a

catchment management-based structure. This iscentral to successful implementation of this strategy;

• adequate funding, especially to develop the necessarymanagement instruments to address future needsproactively;

• human resources, especially attracting, developing andmaintaining the disciplines and skills required toimplement water quality management functions at alllevels in a consistent and balanced manner; and

• prioritising to ensure that the water qualitymanagement function is implemented with convictionat all levels.

3.18.2 Other factorsFactors outside the direct control of the regulatory systemof the Department, but within its ambit, and that willcontribute to successful implementation include:

• Co-operation with other government Departments to:

∗ Streamline authorisations and ensure speedyprocessing of development proposals by adoptinga one-window approach; and

∗ retain sufficient control to ensure that theDepartment is able to fulfil its responsibilities withregard to the management of the water resource;


Policy and Strategy for the Management of Groundwater Quality in South Africa, First Edition 19993 - 6

• co-operation with other organs of state, industry andcivil society in developing best management practicesand research.

3.18.3 External factorsExternal factors will also play an important role infacilitating successful implementation of the groundwaterquality management strategy. Some of these factors are:

• community participation in and support for sourceprotection and for an integrated catchment/aquifer-based approach to water resource management;

• improved levels of awareness regarding the nature andimportance of groundwater as a valuable communityresource; and

• mutual co-operation between the Department andsectors in promoting the development of better andcleaner technology.

4: FUNCTIONAL STRATEGIES


Section 4FUNCTIONAL STRATEGIES

The functional strategies which the Department will adoptto meet its policy goals are addressed in this section. Eachgroup requires its own strategies for implementation, basedon the nature of the problems concerned and the missionwhich the function serves. The functional strategies foreach of the three groups are described below, followed bythe integration functions to co-ordinate the regulatoryaction.

4.1 Source-directed strategies

Source-directed measures include:

• authorisations and licences;• standards to regulate the quality of waste discharges

to water resources (the so-called end-of-pipe quality);• requirements for on-site management practices (e.g.

to minimise waste at source and to control diffusepollution);

• requirements to minimise impacts of water usegenerally, not just water quality aspects;

• requirements for clean-up and remediation of waterresources that have already been polluted.

Other protection measures include both mandatory andvoluntary demand management, and economic incentivesto foster the development of low-waste and non-wastetechnologies, and to reduce pollution.

The Department will seek to control, directly or indirectly,those activities which threaten the groundwater resourcesof South Africa. Source controls will be implemented on adifferentiated basis. The differentiated approach will bebased on the vulnerability and importance of the affectedgroundwater. The Department will also introduce arequirement for impact consents for the most pollutingprocesses and activities such as mining and heavy industry.The following activities will be specifically targeted forcontrol:

• groundwater abstraction de-watering and recharge;• disturbance and damage to aquifers by mining and

industrial activities;• waste disposal and storage;• diffuse sources of pollution associated with urban and

rural development; and• underground storage tanks.

Direct regulatory intervention is necessary insofar as otherinfluences over sources of contamination are unsuccessfulin reducing impacts to acceptable levels. The Departmentof Water Affairs and Forestry will thus always retainstatutory powers to control groundwater contamination, butshould rely on other means wherever possible.

The following hierarchy of intervention is thus advocatedby the Department:

• encouragement of self-imposed discipline;• ensuring that Best Practice and direct controls

implemented by other organs of state such as theDepartment of Minerals and Energy for the miningindustry satisfy the requirements of the National WaterAct;

• regulatory control in terms of the National Water Actand the regulations promulgated thereunder; and

• development of Best Practice Guidelines which ininstances may become a condition of water-uselicences.

The influence which the Department may be able to haveover Best Practice standards and statutory controlsimplemented by other organs of state will depend largelyon the efficiency of the Integrated Pollution Control (IPC)regulatory system which is evolving for South Africa. Untilsuch time as the IPC system is in place and functional, theDepartment will establish ad hoc understandings with otherorgans of state in order to achieve the required level ofcontrol.

4.1.1 Land-use planning and land-use allocationInfluence over and regulation or prohibition of land-basedactivities, and especially involvement in the planning anddecision-making processes which lead to allocation of landfor prescribed uses, are central to the control which theDepartment needs to exercise. Section 13 of the NationalWater Act makes provision for this.

The Department will thus proactively participate in land-use planning and will prescribe in legislation to land-useplanning authorities the location of potentially pollutingprocesses and facilities where aquifers are least vulnerableor where no exploitable groundwater exists. Whererequired, this will be preceded by consultation.

Best Practice guidelines and land-use planning guidancenotes will provide the basis for influencing land-usedecisions and regulating land-based activities. Specialrequirements may be contained in catchment managementstrategies and interfacing between the Department andland-use planners will take place through the officialsresponsible for operational catchment management.

4.1.2 Groundwater abstraction and de-wateringThe Department assumes responsibility in terms of theNational Water Act for the control of abstraction ofgroundwater in order to prevent:

• depletion or damage to the reserve;• temporary or permanent loss of the use of aquifers

through over-abstraction or unnecessary de-watering;• loss of surface water base flow or damage to wetlands

and riverine environments which depend ongroundwater;



• deterioration of groundwater quality; and• intrusion of saline or contaminated groundwater into

otherwise uncontaminated aquifers.

The Department will intervene directly to controlabstraction and de-watering where appropriate. Theutilisation of groundwater for private domesticconsumption and animal-watering purposes will, however,not specifically be controlled unless community interestsare at stake.

Abstraction control for the purposes of water qualitymanagement will be integrated with the resourcemanagement regulatory controls.

4.1.3 Disturbance of aquifers by mining and relatedactivities

The Department of Water Affairs and Forestry recognisesthat a variety of activities may impact adversely on aquifersor otherwise disturb them. The most significant activitieswhich could disturb groundwater are:

• opencast mining and quarrying;• underground mining;• land drainage; and• mine de-watering.

The Department recognises that disturbance and impact arean inevitable consequence of mining activities. It will,however, object to the approval of an EnvironmentManagement Programme (EMP), or the granting of atemporary authorisation to commence with mining prior tothe approval of an EMP in terms of the Minerals Act, underthe following circumstances:

• reduction in, or the total loss of, a groundwater resourcewhich constitutes part of the reserve and sustainssurface water base flow or environmental features suchas wetlands and sensitive riverine ecology;

• reduction in, or total loss or contamination of,groundwater which is or could be exploited onadjoining properties to sustain land use which isconsistent with the land capability; and

• permanent reduction or loss of groundwater on the mineproperty which will preclude the remediation ofgroundwater supplies to sustain the post-mining landuse.

The Department will adopt a precautionary approach in itsevaluation of applications for authorisations. The proponentwill be required to ascertain the extent of the impact whichwill be associated with the mine and will implementappropriate mitigatory measures where necessary. TheDepartment will permit the impact only if this and otherrequired conditions have been met.

The measures required to protect the groundwater resourcewill depend on the importance and vulnerability of theresource being threatened.

Non-mining related activities may also result in disturbanceof aquifers and storage such as urban development andagricultural activities which alter recharge. The impactsassociated with these activities will be monitored and, ifnecessary, brought under appropriate regulatory control.

4.1.4 Damage to aquifers by waste disposal andrelated activities

The Department of Water Affairs and Forestry will followa differentiated approach to the control of waste andwastewater disposal activities. Activities which will receivespecific attention include:

• mining and industrial residue disposal (waste deposits);• power generation ash disposal;• irrigation with waste water, evaporation and storage of

mining and industrial effluent and sludges;• land-based disposal of sewage sludge;• domestic waste landfills;• stockpiles of potentially polluting substances;• hazardous waste landfills;• animal wastes and feedlots; and• hydrocarbon storage tanks.

The Department will not issue licences in terms of Section20 of the Environment Conservation Act unless land hasbeen zoned for waste disposal. For the purposes oflicencing of waste disposal sites the Department will baseits regulatory response upon the importance andvulnerability of the aquifer which is threatened by wastedisposal activities.

Major aquifers and vulnerable sole-source aquifers:The Department will place a general ban on waste disposaland other polluting activities within 200 metres of therecharge zone for major aquifers and sole-source aquifers.

Minor aquifers:The Department will generally not object to licencing orauthorisation of waste disposal within the recharge zone ofminor aquifers provided that adequate pollution controlmeasures will be implemented. Such measures as may benecessary for the most commonly practised waste disposalmethods may be published by the Department in the formof Best Practice guidelines from time to time or may bepublished in regulations.

Poor aquifers:The Department will not normally object to waste disposalactivities on areas which are underlain by poor aquifers.Minimum standards of Best Practice will nevertheless be apre-requisite in these cases.

Monitoring and auditing:Monitoring of performance of waste disposal facilities andtheir associated pollution prevention measures will bemandatory. Monitoring systems shall generally form part ofthe management systems which the waste facility operatormust implement. Routine auditing may be prescribed as alicence condition, in terms of regulations or in theguidelines.



The Department will undertake periodic compliance audits.Facilities will be selected for audit on the basis of theirperformance and the quality of internal audits.

4.1.5 Diffuse sourcesDiffuse pollution sources represent an ever-increasingthreat to groundwater. The following diffuse sources willrequire specific attention:

• urban development;• farming practices;• peri-urban development; and• spills and illegal dumping.

Rapid urbanisation and increasing density of residentialdevelopment in rural environments pose a significant threatto groundwater quality in terms of:

• pit latrines, septic tanks and soakaways;• leaking and overflowing sewers;• domestic waste; and• inappropriate land use around wellheads.

Diffuse source controls will be implemented by raisingawareness and encouraging better and improved practices(e.g. cleaner technology for industries). The Departmentwill rely on the line function government departmentsresponsible for interfacing with the communities concernedto assist with advisory services and awareness creation.Specialist advice will be provided by the Department.

Sanitation and community waste disposal:The Department will seek to promote the development andimplementation of cleaner sanitation and waste disposalpractices in rapidly developing areas. The use of pitlatrines, septic tanks and soakaways will be discouraged inurban, peri-urban and high population density ruralsettlement situations. Guidelines regarding the siting andcontrol of graveyards will also be developed by theDepartment.

Wellhead protection (source protection):Inappropriate land use around wellheads will bediscouraged and regulated or prohibited where necessary.The Department will develop guidelines to facilitateimplementation of rational wellhead protection plans andwill strive to make borehole users and owners aware of theconsequences of inadequate protection of their groundwatersupplies.

Farming practices:Farming practices can lead to contamination ofgroundwater. Nitrates, herbicides and pesticides are themain water quality variables of concern.

The use of fertilisers, herbicides and pesticides will berestricted in the recharge zones of important aquifers andsole-source aquifers. Guidelines for the safe use ofherbicides and pesticides will be published by theDepartment.

Underground storage tanks:Leakage from underground storage tanks is an importantsource of contamination of groundwater.

4.1.6 Other sources of groundwater contaminationThe following further sources of potential contaminationwill require more specific attention:

• industrial sources;• power generation; and• littering and illegal dumping.

It is expected that these sources will be included in theregulatory ambit of Integrated Pollution Control.

4.2 Resource-directed groundwaterquality management strategies

Resource-directed measures are directed at the waterresource itself. They focus on the water resource as anecosystem rather than simply on water itself as acommodity. The following source-directed measures arespecified by the Act (Chapter 3):

• a national classification system for water resources,including groundwater;

• determining a management class for each resource;• determining the “Reserve,” which includes the basic

human needs reserve (water for drinking, foodpreparation and personal hygiene) and the ecologicalreserve, which must be determined for all or part ofany significant water resource such as rivers, streams,wetlands, lakes, estuaries, as well as groundwater;

• setting resource-quality objectives which representthe desired level of protection of a water resource.

Groundwater quality management cannot be carried outwithout intimate knowledge of the nature, extent, potentialyield and vulnerability of the resource. The relationshipbetween groundwater and surface water must also beunderstood in order to facilitate effective management.

The logical unit for groundwater quality management is anaquifer. Since aquifers are, in general, contained within asurface water catchment, and since the surface watercatchment represents the most logical surface managementunit, the Department has adopted the catchment as the basicgroundwater management unit. Catchments may, however,be subdivided into groundwater management areas forbetter resolution where appropriate.

Inter-catchment influences and interactions will bemanaged by exception. This will specifically apply toaquifers which transcend catchment boundaries.



4.2.1 Resource evaluationClassification according to importance and vulnerabilitywill serve as the basis for management of the country'sgroundwater resources from the perspective of quality. Theclassification system, however, must be integrated with theresource classification system. Table 1 shows the classesthat will be differentiated for the purposes of groundwaterquality management.

Fitness for designated beneficial uses remains the basis ofwater resource quality management. This will, in practice,

be implemented for groundwater by preventing impactson major aquifers and on those which provide a solesource of water supply. Impacts on minor aquifers will becontrolled by impact assessments and impact consentswhere appropriate.

The Department will establish maps indicating theboundaries of the different classes. The scale and resolutionwill be dictated by needs. The highest priority at presentwill be for regional land-use planning.

Table 1. Classes that will be differentiated for groundwater quality management

AQUIFER TYPE DESCRIPTIONSole-source aquifer An aquifer used to supply 50% or more of urban domestic water for a given area and

for which there are no reasonably available alternative sources of water.Major aquifer A high-yield aquifer system of good quality water.Minor aquifer A moderate-yield aquifer system of variable water quality.Poor aquifer A low- to negligible-yield aquifer system of moderate to poor water quality.Special aquifer An aquifer system designated as such by the Minister of Water Affairs and Forestry,

after due process.

4.4.2 Anticipation of threats to groundwaterThe ability of the Department to anticipate threats willdepend on an understanding of the relationship betweenpotential causes and their impacts on the groundwaterenvironment. The national groundwater information systemwill provide the Department with the key informationrequired to anticipate threats. The information system willdepend upon three main sources for the advance warningrequired in order to act timeously. These are:

• facility level monitoring (part of the source-basedcontrol requirements);

• regional and national monitoring; and• investigations and research.

Facility level monitoring will normally be prescribed as acondition of the permission to operate a mine or facilitywith the potential to pollute the groundwater. Theappropriate level of detail required for monitoring will besite specific and will depend on the classification of theaquifer at risk.

Regional and national-scale monitoring will be undertakenby the Department and by other authorities contracted bythe Department. This monitoring will provide a lower levelof resolution than facility level monitoring, but will providea basis for assessing macro trends in groundwater quality

Investigations and research form one of the cornerstones ofthe Department’s anticipatory approach to water qualitymanagement. These functions serve to assess and quantifythose threats which are identified as having potential toimpact on groundwater quality in future. Examples ofthreats which have been identified and which requirequantification and strategic assessment before furtherregulatory intervention is contemplated include:

• abandoned and operating non-hazardous landfills;• acid mine drainage from closed mining operations;• herbicides and pesticides;• animal feedlots and kraals;• fertilisers;• urbanisation;• pit latrines and soakaways; and• leaking storage tanks.

4.2.3 Groundwater quality programmesDevelopment of regulatory initiatives and continuousimprovement in the effectiveness of protection ofgroundwater will be achieved through nationalgroundwater quality programmes (see Section 6 below).These programmes will be established with specificobjectives and will usually lead to improvements andrefinement of the regulatory system. The programmescomponent of the Department’s functional strategy willserve a variety of purposes of which the following areconsidered to be the most important:

• development of new or more stringent Best Practices;• development of better enforcement processes;• identification of the need for and initiation of remedial

action; and• identification of areas of research and development of

cleaner technologies.

A structured approach to the identification, prioritisationand implementation of national groundwater qualityprogrammes will serve the important purpose of:

• co-ordinating roleplayers from different sectors andspheres of government towards a single objective; and

• securing funding on a sustainable basis for priorityissues.



4.2.4 Groundwater status reportingThe national groundwater quality information systemprovided for in the National Water Act provides a basis forroutine auditing of the state of the groundwaterenvironment and for assessing the performance of theregulatory system. The Department will execute an annualaudit on the status of the national groundwater resourcesand will publish this report.

4.2.5 National groundwater quality guidelines andobjectives

National groundwater quality guidelines will be set andpublished by the Department. The water quality guidelineswhich have been developed for surface water will beadopted for groundwater.

Aquifer-specific water quality objectives will need to be setin those instances where water quality has already

deteriorated or is naturally poor. Groundwater managementplans will be established for specific aquifers where there isa need for groundwater quality objectives which differfrom the water quality guideline values.

Action limits, which specify the point at which interventionis necessary, may need to be set up for aquifers wheredegradation is anticipated. These action limits will becomepart of the aquifer management strategy.

The National Water Act allows for the implementation andenforcement of groundwater quality objectives. Theseobjectives must be integrated into catchment managementstrategies.

4.2.6 Legal frameworkThe legal framework provided by the National Water Actand the regulations promulgated thereunder will have to berevised from time to time. Such revisions need to be drivenby thoroughly researched initiatives based on nationalpriorities. The Department must at all times maintain thecapacity to identify needs for new legislation, as well as thecapacity for implementation thereof.

4.2.7 Licencing of groundwater impactsNormally groundwater impacts will not be permitted evenwhere no specific rights or existing uses are to be affected.In some instances, however, groundwater qualitydeterioration is inevitable. Such instances include, forexample, cases where mines locally depress groundwaterlevels or where industrial and commercial farmingactivities may affect quality by disturbing the naturalequilibrium.

In order to ensure that such inevitable deterioration ismanaged in a responsible manner the Department will useits licencing system in terms of the Act for certain activitiesto make it possible to intervene in a proactive manner andto impose conditions aimed at preventing unnecessary, andperhaps irreversible, damage from occurring.

The Department will then allow such impacts only if theproponent has exhausted all reasonable options to avoid theimpact and where the entitlements of other water users willnot be unreasonably affected.

4.2.8 Aquifer management plansAquifer management plans will be required to protect thegroundwater in specific areas where the nature andintensity of development dictates that some form of controlwould be in the interests of the affected community.

The Department has, through the National Water Act,obtained the power to control any aquifer and to prescribespecial protection measures and groundwater qualityobjectives where required. Ample provision for either theassignment or delegation of powers to water managementinstitutions to assist in executing control measures havebeen made in the Act.

Aquifer management plans will be integrated withcatchment management strategies.

4.3 Remediation strategies

Remedial actions make up an important part ofgroundwater quality management functions. Theremediation of the effects of pollution is provided for insection 19 of the National Water Act.

Remedial action is required where contamination ofgroundwater is occurring or has already occurred, where itis necessary to replenish the reserve and where it is notpossible or practical to apply the law to enforceremediation. Remedial action is thus usually warrantedwhere the responsible person or persons cannot beidentified or where the responsible persons have failed tocomply with the provisions of the law.

The following remedial actions have been identified:

• prioritisation and evaluation of priorities for remedialaction;

• remediation of abandoned sites; and• emergency action procedures/plans for accidental spills.

In instances where groundwater contamination hasoccurred, is occurring, or may occur - and where suchcontamination represents a threat to human health or to theenvironment - the Department may intervene to facilitatethe required remediation.

Remediation will be implemented on a case-by-case basisdepending on the relative hazard and risk levels.Remediation initiated by the Department will be financedfrom funds voted by Parliament for the specified purpose.In extreme cases a White Paper motivating the need forremediation will be tabled in Parliament.



Given the cost and technical constraints associated withgroundwater remediation the State must prioritise theremediation sites according to actual and expected uses ofthe groundwater requiring remediation, as well as socialand economic values.

Consultation with the public as well as key interested andaffected persons will take place. In particular, the affectedcommunities should be encouraged and assisted wherenecessary to participate in problem definition, in agreeingto the way in which the work will be executed, in settingthe required standards and in formulating solutions.

Groundwater remediation may be initiated under a varietyof circumstances. The most common situations are:

• groundwater has become, is becoming, or may infuture become, contaminated by sources for which noresponsible person(s) can be identified; and

• groundwater is threatened or has already beenimpacted upon, by neighbouring operations.

Groundwater remediation which can be achieved throughenforcement of the National Water Act and other lawswhich the Department can rely on is considered to be partof conventional source-directed measures and does notconstitute remedial action. In some instances theDepartment may, however, in the interests of affected thirdparties, initiate remedial action and later recover the costsfrom the responsible parties, also provided for by the Act(Chapter 3).

4.4 Integrated regulatory functions

The Department will achieve the policy goals through avariety of integrated regulatory actions which willinclude:

• Source-directed measures such as control of sourcesof potential contamination, including authorisationsfor mines, enforcement of regulations and bestmanagement practices;

• Resource-directed measures such as resourceclassification and setting of resource qualityobjectives

• national groundwater data acquisition analysis anddata management;

• regulation or prohibition of land-use practices andinvolvement in planning decisions;

• control of water use;• co-ordination of groundwater quality management

activities and programmes;• provision of extension services to rural and peri-

urban communities and advice to the general public;• dissemination of public information, awareness

creation and capacity building;• clean-up of contaminated soils and groundwater; and• ensuring that effective enforcement takes place.

Note that the use of groundwater for reasonable domesticconsumption and for animal drinking purposes will notspecifically be controlled, unless community interests areat stake.

5: REGULATORY INSTRUMENTS


Section 5REGULATORY INSTRUMENTS

The reason for regulatory intervention, irrespective of thetactics or instruments used, is to ensure that the policygoals are achieved. Interventions seek to induce desirablebehaviour in polluters and potential polluters and aregrouped into three categories:

• Direct intervention in which the Departmentcommands certain behaviour or results from theregulated community. The Department’s power isderived from the law. Instruments may be eitherreactive or proactive in nature and will usually focus onthe source of pollution.

• Incentive programmes in which the regulatedcommunity is given some flexibility, within a definedframework, to meet prescribed objectives. Theincentive to comply is derived from the preference forflexibility among responsible sectors in the regulatedcommunities.

• Supportive programmes in which the Department,through its own resources and associated institutions,provides assistance to the regulated community toachieve the regulatory goals.

None of these categories are mutually exclusive. Theregulatory system thus contains elements of each. The mixis determined by the nature of the pollution threat and thesector concerned.

5.1 Direct intervention relating tosource control

Direct intervention may be reactive or proactive. Reactive,command-and-control instruments typically include laws,regulations and prosecutions. These instruments are themost common. The present command-and-controlprovisions relating to water quality include the followingunder the National Water Act:

• Chapter 3: Protection of water resources.• Chapter 4: Use of water - which also includes the

discharging of waste or water containing waste into awater resource in whatever manner, as well asdisposing of waste which may detrimentally impact ona water resource.

• Regulation 287 of 20 February 1976 promulgated underthe previous Water Act (1956). [Not yet repealed byNational Water Act (1998)].

Section 26 of the National Water Act (1998) and Section 2of the Environmental Conservation Act empower theMinister to make further regulations.

Further regulations are under consideration for thefollowing:

• waste handling, transport, destruction and disposal;• discharge and impact consents;• underground storage tanks;• irrigation of effluents; and• land-based disposal of sewage sludge.

Proactive control instruments place the Department in aposition to pre-empt the need for reactive response byproviding a means for upfront involvement in planningprocesses. The essence of these instruments is that theproponent, authorities and other stakeholders resolveconcerns through negotiation at the planning stage.

The instruments at the Department’s disposal include:

• water use licences

• general authorisations• compulsory licences• controlled activities• pollution remediation• emergency action.

The regulatory instruments which facilitate upfrontinvolvement are the provisions of:

• Section 12 of the Water Services Act, 1997 inconnection with the submission of draft developmentplans relating to inter alia present and planned wateruses.

• Section 22 of the National Water Act (1998), whichmakes all water uses - which are very widely definedin Section 21 - subject to control.

• Section 13 of the National Water Act (1998) whichprovides for the regulation or prohibition of land-based activities which may affect the quantity orquality of water.

• Section 37 of the National Water Act (1998), whichmakes it possible to regulate activities having adetrimental impact on water resources by declaringthem to be controlled activities;

• Section 39 of the Minerals Act (1991) which requiresapproval of an EMP or the granting of temporaryauthority before a proponent can commence miningoperations.

• Section 20 of the Environment Conservation Act(1989) which prevents anyone from operating alandfill site without a permit.

• Regulations in terms of Section 20 of theEnvironment Conservation Act (1989) which makeEnvironmental Impact Assessments compulsory forprescribed processes and activities.

5: REGULATORY INSTRUMENTS


Other acts which provide the Department with an indirectmeans of influencing groundwater quality are:

• The Atmospheric Pollution Prevention Act, 1965• The Conservation of Agricultural Resources Act,

1983• The Development Facilitation Act, 1995• The Fertilisers, Farm Feeds Agricultural Remedies

Act, 1947• The Hazardous Substances Act, 1973• The Health Act, 1977• The Physical Planning Act, 1991• The National Environmental Management Act, 1998.

The above regulatory instruments are used to imposeconditions of approval that minimise the adverse effects ofthe activity on the water environment. In particular, theseinstruments are used to ensure that Best Practice isimplemented on a site-specific basis.

Further proactive intervention is required. The Departmentwill use its influence to bring power generation and certainheavy industry under the control of an instrument similar tothat provided for by Section 39 of the Minerals Act, 1991.

The Department will, through consultation and co-operation with other organs of state, also be implementingimpact consents to regulate the impact of mining andindustrial activities on groundwater. This is within theframework of the National Water Act. Those activitieswhich are to be controlled in future will be identifiedthrough either the declaration thereof as controlledactivities, or through the promulgation of regulations.

5.2 Incentive programmes

The Department supports, and will promote whereverpossible, self-imposed discipline. Where the regulatedcommunity has the capacity to mobilise itself to developsectoral norms and standards, the Department will activelyparticipate in the process.

An example of an initiative which the Department views ashaving been successful in the past is the guidelines for the

design, construction, operation and closure of mine residuedeposits developed by the Chamber of Mines. Furtherimprovement of these existing standards and thedevelopment of new standards of Best Practice will bepromoted.

Charges for water resources management may be used asan instrument to encourage appropriate behaviour.

5.3 Supportive programmes

The Department will be expanding its support role in orderto influence sectors which cannot be controlled by directintervention or incentives. The protection of groundwaterin rural and peri-urban areas is of great importance butcannot be achieved through conventional directintervention or incentive-based instruments. For thesesectors the Department will be deploying the followinginstruments:

• Research and development to build capacity, toadvance knowledge and understanding and todevelop new and better ways of improvinggroundwater quality;

• Best Practice guidelines to educate and build thecapacity of the community to regulate itself;

• educational programmes to raise the level ofawareness and develop skills required to empowercommunities to protect their groundwater supplies;and

• extension services to advise and assist communitiesin their implementation and operation of groundwaterprotection programmes.

The Department will need to co-operate extensively withother authorities and non-government organisations that arecurrently interfacing with communities which will benefitfrom the above regulatory initiatives.

Upfront involvement in land-use planning decisions and inestablishing the conditions under which land may be usedis central to the Department’s pollution prevention strategy.Land-use planning guidance notes and educationalliterature will be used to give effect to this strategy.

6: GROUNDWATER QUALITY MANAGEMENT PROGRAMMES


Section 6GROUNDWATER QUALITY MANAGEMENT PROGRAMMES

Rational groundwater quality management programmeswill serve to develop the government’s capacity toimplement the groundwater strategy. These programmesare a cornerstone of the Department’s capacity buildinginitiative and are described in this section.

6.1 Groundwater quality managementprogrammes

All the parts of a groundwater quality management systemare not yet in place. Whilst some of the components arefully operational, others have been only partiallyimplemented and some have yet to be started.

In order to develop and implement new components of thegroundwater quality management system the Departmentwill launch a series of groundwater quality managementprogrammes.

These programmes will have a clearly defined policy goal,programme objectives, an action plan and a finite life span.The purpose of each programme will thus be to developone or other component of the system and to oversee itsimplementation into the operational regulatory system.

Programmes provide the means to drive continuousimprovement in the regulatory system. As such they arecentral to progress. The following programmes will enjoythe highest priority:

• community water source protection;• public participation;• aquifer classification;• aquifer management system development;• impact consent procedural system development;• facility level groundwater quality monitoring;• national groundwater information system

development;• land-use planning;• Best Practice;• underground storage of contaminated water;• resource level groundwater quality monitoring;• reserve determination;• identification of groundwater restoration priorities;

and• research and development needs and priorities.

6.2 Programme for community watersource protection

6.2.1 PolicyThe Department of Water Affairs and Forestry will seek toensure that all points from which groundwater is abstractedare adequately protected against potential pollution threats.Minimum requirements regarding borehole construction

and wellhead zoning have been published and will beprescribed for general application. Where the aquiferrequires a special level of protection, site-specific measureswill be required.

6.2.2 ObjectivesMany of the man-made pollution threats to groundwaterresources, particularly in informal settlements, can becountered through proper siting, appropriate design andongoing maintenance. These activities must be integratedwith the planning and control of other activities such as:

• sewage disposal;• waste disposal; and• graveyards.

Activities which usually take place close to the watersource (i.e. the borehole or spring) are of particularconcern. These include:

• standing waste water;• washing of clothes; and• stock watering.

Approaches to protection of the area around a borehole orspring have already been developed extensively worldwide.The specific objective of these approaches is to provide fora buffer zone around the wellhead in which potentiallypolluting activities are not permitted. The community playsthe central role in implementing such controls.

The wellhead protection programme requires furtherrefinement. In this regard the Department needs to consultwith interested and affected parties about the means ofimplementation, firm up on zoning rules and train officialsto assist communities with on-site implementation.

6.2.3 Tools and supportTwo tools are used to facilitate wellhead protection:

• minimum borehole construction standards; and• wellhead zoning.

The minimum borehole construction requirements whichhave already been proposed by the Department are suitablefor all production boreholes, ranging from hand pumpsthrough to production boreholes in well fields.

Wellhead zoning can be a simple and effective means ofprotecting water sources. Zoning, which defines the areaaround the wellhead, is based on minimum setbackdistances. Setback distances are determined on the basisof travel times for pollutants.



Even though the use of travel time as a basis for definingsetback distances is probably scientifically moreappropriate and defendable, the use of a defined distance ismore easily implementable. In special cases, where ahigher level of protection is required, site-specificconsiderations are required.

Successful implementation of wellhead and sourceprotection at informal settlements will depend on supportfrom the community which it is supposed to serve.Extension services by the Department and training of thecommunity and its leaders are therefore key successfactors. An extension service and training programme thushas to be developed and implemented. Key components forsuch a programme include:

• community involvement;• appropriate training and training aids;• the effective use of all resources - including those

outside of the Department (e.g. Department ofHealth, NGOs etc);

• ongoing and regular government and communityinteraction; and

• routine monitoring of groundwater sources.

This programme will require significant manpowerresources. It could be incorporated into the rural watersupply and sanitation initiatives.

6.3 Public participation

6.3.1 PolicyThe Department of Water Affairs and Forestry willactively promote participation of the public in decisionmaking regarding groundwater quality. Participation mustbe facilitated within a structured framework which interalia establishes both the rights and obligations ofparticipants.

6.3.2 ObjectiveThe programme will put in place a guideline within whichpublic participation prescribed by the National Water Actcan take place, and will clarify the rights and obligationsof participants.

6.3.3 ImplementationPublic participation already takes place under a variety ofcircumstances and in a variety of ways. The Departmentwill, through a consultative process, seek to establishnorms and guidelines for participation. These will beelaborated on and used as guidelines for future processes.

6.4 Aquifer classification programme

6.4.1 PolicySouth Africa’s groundwater protection will be based on adifferentiated approach, which distinguishes betweenaquifers on the basis of importance and vulnerability.

6.4.2 ObjectiveThe implementation of the Groundwater QualityManagement Strategy on the basis of a differentiatedgroundwater quality protection approach cannot be donewithout formal classification of aquifers.Classification of South African aquifers needs todifferentiate between those requiring extensive protection,those requiring protection based on best managementpractices and those not requiring specific protection. Inparticular, the classification system must recognise:

• the high value of sole-source aquifers in SouthAfrica; and

• the need for a pragmatic approach which allows forsite-specific factors to be considered.

Vulnerability of aquifers may also be taken into account inthe choice of appropriate protection levels. This furtherrefinement is best applied on a site-specific basis.

The aquifer classification programme requires furtherdevelopment in order to finalise mapping andclassification, to develop rules for its implementation andmaintenance and to train officials in its use. This forms partof the resource-directed measures for water resourceprotection currently being developed by the Department.

6.4.3 ImplementationThe Department is responsible for characterisation andmonitoring of groundwater resources of South Africa. Mostgeohydrological information is stored in the NationalGroundwater Database (managed by the Department).

The Department is currently in the process of producing anational 1:250 000-scale geohydrological map series. Thegroundwater database and the geohydrological map will beused as a basis for compiling an aquifer classification mapof the country. The vulnerability information required forthe groundwater quality management classification can beobtained from available 1:1 000 000-scale vulnerabilitymaps.

A transparent classification process is to be used so that allconcerned are informed as to how the classification wasarrived at. It is expected that initial classification will be ata national and regional scale.

The classification is relatively course. A developer orlandowner can therefore refine the classification on thebasis of available information and/or further investigation.Similarly, other parties (individuals, farmers, localauthorities, non-governmental organisations, etc) may alsoinitiate refinement of the classification assigned to aparticular aquifer system.

In those instances where application or recommendation ismade for granting a special status to an aquifer, acomprehensive environmental impact assessment will berequired. The final decision in this regard will be taken bythe Minister of Water Affairs and Forestry.



Reclassification procedures will be implemented by theDepartment. It is expected that as more geohydrologicaldata becomes available, the classification will be refined.Further, as the classification is partially based on theconcept of beneficial use, it may be required that aquifersbe reclassified from time to time.

6.5 Aquifer management programme

6.5.1 PolicyThe Department will be adopting integrated catchmentmanagement for the operational implementation of waterresource management. The basic management unit will bea catchment.

Aquifer management will similarly follow an approachwhich requires consideration of the whole aquifer system.The management unit best suited to a systems approach isan aquifer.

In order to rationalise and integrate surface andgroundwater resource management, catchment and aquifermanagement must be integrated. The Department willtherefore include aquifer management within the ambit ofcatchment management. The institutional structures whichare put in place for catchment management will thereforealso be used for aquifer management.

6.5.2 Objecti veAquifer management plans will be required for designatedaquifers. These strategies will serve to achieve thefollowing objectives:

• identify and initiate protection of groundwater qualityfrom degradation;

• facilitate collection and management of groundwaterquality data;

• identify areas of poor quality groundwater;• identify and facilitate implementation of remedial

action; and• prescribe yield limits.

Where aquifers are not designated as requiring an aquifermanagement plan, routine groundwater quality protectionwill be implemented through the catchment managementplan.

6.5.3 Tools and supportSuccessful implementation of an aquifer management planwill depend inter alia on:

• the legal and institutional framework within whichthe plan is to be implemented;

• access to adequate groundwater resources anddemographic data;

• effective public involvement and co-operation;• national water quality guidelines;• an effective enforcement authority; and• national Best Practice guidelines for sources of

pollution.

The institutional framework within which aquifermanagement plans can be established and implemented hasstill to be set up. The National Water Act provides for theestablishment by the Minister of Catchment ManagementAgencies for Water Management Areas. This will be donein a phased and progressive manner. Until these are inplace, the functions that they are intended to fulfil will behandled by the Department.

6.5.4 ImplementationThe action plans which will be required to achieve theabove objectives will be set up by the CatchmentManagement Agency and will, as a minimum, detail:

• aquifer boundaries;• aquifer characteristics in terms of distribution,

quality, potential yield and vulnerability;• demographic characteristics;• inventories and projections of water demand;• objectives in relation to quality, quantity and

beneficial uses;• management measures and actions;• special land-use restrictions; and• special source controls and remedial action;

The responsibilities of the Catchment Management Agencyimplementing the aquifer management strategy willinclude:

• resource monitoring and dissemination ofgroundwater data;

• preparation of groundwater resource status reports;• development and maintenance of memorandums of

understanding with other authorities responsible forland-use allocation and source controls;

• evaluation of applications and issuing of licences;• dissemination of public information;• public education and assistance;• implementation of remedial action;• co-operation with the authorities responsible for

source-based control to control the introduction ofcontaminants into aquifers;

• control of groundwater abstraction to provide forsustainable utilisation and to prevent or minimise themigration or intrusion of poor quality groundwater;

• defining source areas and implementing the nationalwellhead protection programme;

• co-ordinating of related activities of water users andof Water Management Institutions within a WaterManagement area; and

• promoting of co-ordination of its implementationwith the implementation of any applicabledevelopment plan established under the WaterServices Act, 1997.



The timeframe for implementation of aquifer managementwill depend on the implementation of integrated catchmentmanagement frameworks and infrastructure. The aquifermanagement programme will need to be closely co-ordinated with the integrated catchment managementprogramme. In the interim, the programme will focus onthe development of the required national framework andstandards for aquifer management plans.

In some instances the urgency of the situation will requireimplementation of aquifer management plans before thelegal framework and infrastructure - which will enableimplementation of catchment management plans - is inplace. Aquifer management plans may thus be developedfor special designated aquifers before catchmentmanagement plans are implemented.

6.6 Impact authorisations programme

6.6.1 PolicyThe Department of Water Affairs and Forestry isrequired, from time to time, to assess and approve of avariety of activities such as mining, industrialdevelopment and agriculture, which impact ongroundwater. The Department will proceed to formalisethe assessment and approval process.

6.6.2 ObjectiveGroundwater impacts are inevitably associated with someforms of development. These impacts can in manyinstances be identified and quantified before thedevelopment proceeds. This programme will serve to putin place guidelines - and prescriptions if necessary - forimpact assessments and impact management measureswhich will be required for prescribed types of activities.This will enable the Department to bring groundwaterimpacts within its span of control.

6.6.3 ImplementationImpact authorisations must be given within the context ofthe National Water Act. It requires a licensing processwhich allows for public consultation and an appealprocess. This programme should serve to put in placeapplicable regulations in terms of the National Water Actand to develop suitable departmental procedures forprocessing licence applications.

6.7 Programmes for facility-levelgroundwater quality monitoring

6.7.1 PolicyThe Department of Water Affairs and Forestry requires thatgroundwater monitoring take place at those facilities andinstallations which pose a potential threat to groundwaterquality. The level of monitoring required by theDepartment should be based on the classification of thepotentially affected aquifer system.

6.7.2 ObjectivesThe essential purpose of monitoring at facilities is to checkthat the impact management measures which have beenimplemented are achieving the agreed groundwater

objectives. To do this, monitoring is performed to detectcontamination and track the movement of contaminantsover time. The results of monitoring are then compared togroundwater quality objectives, standards or trigger levels.Groundwater quality monitoring is also used to check theperformance of impact management measures. Themonitoring system may thus also need to confirm thatcertain critical components of the impact managementmeasures (e.g. liners) are functioning adequately.

The minimum requirements for the monitoring of landfillsites - already published by the Department - provides thebasis for Best Practice. Some refinement is required inorder to implement the Department’s differentiatedprotection approach.

The Department has to ensure that its officers have theskills and ability to evaluate groundwater-monitoringnetworks. Appropriate training and continuing educationfor operational staff must thus be implemented.

6.7.3 Tools and supportGraded monitoring guidelines form the basis of monitoringrequirements. The present guidelines need to be modifiedsuch that the intensity of monitoring is appropriate for thelevel of protection required and the anticipated threat posedby the facility. Aspects that need to be addressed include:

• number of boreholes;• frequency of monitoring;• variables of concern; and• reporting format.

A lesser, but still important, tool to be used by theDepartment as part of the Groundwater QualityManagement Strategy is to facilitate a general awarenessregarding an appropriate monitoring practice. This willrequire the Department to publish short articles in popularand sector-specific journals and magazines and to givepresentations to various groups as a means of makingpeople aware of the need for facility monitoring and thedifficulties associated with such activities.

Groundwater quality guidelines and trigger levels will needto be defined. Two types of trigger levels are envisaged:

• contamination detection limits; and• remediation intervention limits.

Standard trigger levels cannot be used owing to thevariability of groundwater quality throughout South Africa.The trigger levels should rather be based on the ambientwater quality at the site of interest. In the absence of site-specific data, ambient groundwater quality standards couldbe based on the regional hydrogeological characterisationof the area (published 1:500 000-scale hydrogeologicalmaps) and information from the national groundwaterquality monitoring programme. Site-specific investigationswill be required to fix trigger levels in most cases.



6.7.4 ImplementationGroundwater quality monitoring must be implemented asearly as possible. It is therefore proposed that monitoringrequirements and protocols be defined at the same time thatthe facility design and construction standards are set.Regular auditing of the monitoring results by theDepartment is required.

6.8 National information programmes

6.8.1 PolicyThe Department of Water Affairs and Forestry willestablish and maintain a national information system forgroundwater in South Africa.

6.8.2 ObjectivesThe national information system must inter alia providethe basis for:

• establishing and tracking trends in groundwaterquality;

• characterisation and classification of groundwaterresources;

• monitoring utilisation of groundwater;• prediction of macro impacts; and• land-use planning guidance.

6.8.3 ImplementationThe present management information system provides agood starting point. This system will, however, need to beupdated to provide for better accessibility of data and forlimited pre-processing. The management system must beupgraded to facilitate on-line access and updating by theDepartment’s regional offices.

6.9 Land–use planning programme

6.9.1 PolicyThe Department of Water Affairs and Forestry will seekto play an increasingly prominent role in influencing land-use planning processes and decisions in order to providethe best possible level of protection to groundwaterresources in addition to its regulatory ability to regulate orprohibit land-based activities. Land developmentobjectives (LDOs) will, in future, need to be set only afterdue consideration of impacts on groundwater.

The programme will serve to establish the legal andadministrative framework within which the Departmentcan exercise the appropriate level of influence over land-use planning decisions, and the regulation or prohibitionof land-based activities

6.9.2 ImplementationThe programme will establish a framework for capacitybuilding of officials to enable them to inform decision-makers. Land-use planning guidance notes will bedeveloped and distributed widely to all public and privatesector institutions involved in planning.

6.10 Best practice programme

6.10.1 PolicyThe Department of Water Affairs and Forestry assumesthe responsibility for facilitating processes for thedevelopment of Best Practice guidelines which will serveto protect groundwater resources. The regulatedcommunity concerned will be encouraged to take theinitiative in developing the required guidelines inaccordance with the requirements of the National WaterAct.

6.10.2 ObjectivesBest Practice guidelines establish the norms forinfrastructural development activities. These normsprovide a standard against which to assess measureswhich are implemented to prevent or minimisegroundwater impacts.

6.10.3 ImplementationThe programme will serve to put in place a structuredframework within which the Department can initiate andfacilitate the development of guidelines. Guidelineswhich, for groundwater protection, require priorityattention are:• sanitation for semi-rural and urban settlements; and• remediation of contamination from leaking

underground storage tanks.

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7: INSTITUTIONAL ARRANGEMENTS


Section 7INSTITUTIONAL ARRANGEMENTS

Water quality management, and specifically groundwaterquality management, must take place within theframework provided by the National Water Act andwithin the Department’s organisational and otherinstitutional structures.

7.1 The organisational parts and theplayers

The Department will assume the leading role forgroundwater quality management at national level andwill rely on the following additional roleplayers;

• Catchment Management Agencies• Water User Associations• Other national government departments;• Provincial and local government departments;• the research community;• the affected community;• the regulated community.

The institutional structure must be designed to facilitateco-operative governance. For this to be possible,organisational structures will be designed to promotecommunication between officials responsible for policyimplementation as well as routine administration, e.g.authorisations and licences.

7.2 Organisational strategies

The Department’s organisational approach is based oncentralised planning and decentralised implementation atregional and catchment level. Decentralisedimplementation of source-directed, resource-directed andremediation measures will be implemented with acatchment level focus. Groundwater quality managementwill be devolved incrementally to this level.

Groundwater is best divided into aquifers for efficientmanagement. However, since aquifers are usuallycontained within a catchment in South Africa, it has beendecided to manage both surface and groundwater atregional and catchment level.

Devolution of management to catchment level willimprove community participation in water relatedmanagement functions. The Department’s extensionservices will be deployed at this level.

7.3 Organisational restructuring

Restructuring of the Department will follow fromintroduction of institutional structures for integratedcatchment management. The National Water Act requiresthe establishment of Catchment Management Agencies ina phased and progressive manner and to manage waterresources on the basis of Water Management Areas,which will be catchment orientated. Until a CatchmentManagement Agency is established, all powers and dutiesof a Catchment Management Agency rest in the Minister(Section 72 of the Act).

In the interim and until national environmental policy hasbeen clarified the Department will continue to operatewithin the current organisational structure.

Owing to the emphasis on surface water in the past,capactiy for groundwater quality management is limited.This will need attention during the restructuring stage.

7.4 Community participation ingroundwater quality management

Community participation in water resource managementand more specifically groundwater quality managementwill be facilitated by Catchment Management Agenciesthrough formal structures. Water User Associations willbe established wherever a need arises. These associationswill assume responsibility for a range of water resourceactivities in the context of groundwater management, fortheir mutual benefit.

7.5 Research and development

The current focus of the Department’s research anddevelopment is through the Institute of Water QualityStudies and the Water Research Commission. Otherorganisations, however, also play an important role inwater related research. Representatives of the miningindustry, of industry and of research organisations areexpected to be involved in the departmental initiative in amore structured manner in future.

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8: ENABLING THE GROUNDWATER QUALITY MANAGEMENT STRATEGY


Section 8ENABLING THE GROUNDWATER QUALITY MANAGEMENTSTRATEGY

Creating an enabling context involves placing the peoplewho will implement the management strategy in a positionto do so in a coherent and consistent manner. It also meansfacilitating planning by those involved in implementing thestrategy and evaluating the consequences of their decision-making. The elements listed below are considerednecessary pre-requisites for the creation of the enablingcontext.

Knowledge: Those implementing the strategy must knowwhat the strategy entails and what must be done.

Skills : Those implementing the strategy must have theskills to do what is required of them. This includesmanagerial and technical skills to evaluate situations andmake decisions.

Will: Institutions, organisations and individuals involvedmust have the motivation to do what is required. Where thiswill is not present, enforcement becomes necessary.

Mandates: People placed in positions of responsibilitymust have a mandate to act.

Developing the enabling context requires the drafting ofsupporting legislation, regulations, operational guidelinesand procedures and staff training. The enablingenvironment that will be covered in the National WaterResource Strategy provided for in the National Water Actis not specifically dealt with here.

8.1 Instruments needed

The following sections focus on the role of the instrumentslisted below in creating the enabling environment withparticular emphasis on the Department’s own resources:

• operational guidelines and procedures;• technical guidelines; and• training and development.

8.2 Operational guidelines andprocedures

Operational guidelines are required to assist theDepartment’s officials in executing their work in a coherentand consistent manner. These guidelines prescribe how tocarry out functions and allocate responsibilities for theirimplementation. Some technical guidance is also necessaryto assist officials in making judgmental evaluations.

Operational guidelines have been developed to implementcore components of the management plan.

Those dealing specifically with mining related issues formpart of the Department’s M-sub-series of the categoryManagement Strategies and Instruments. To date, twoguidelines have been produced:

• M 1.0: Control over the alteration in the course of apublic stream; and

• M 2.0: Financial provision for the rehabilitation ofland disturbed by mining activities.

Further guidelines which form part of the sectoral strategyfor the mining industry are being developed for theevaluation and processing of EMPRs and for mineclosures.

Further guidelines are proposed to augment the availableset and to specifically focus on groundwater. The followingare being developed or are under consideration:

• Determination of the reserve for groundwaterresources

• Aquifer classification• Evaluation of mining authorisations• Evaluation of environmental impact assessments• Requirements for impact consents.

8.3 Technical guidelines

Technical guidelines are required where the available bestpractice guidelines are not adequate. The Department’s“minimum requirements” already provide a good basis forBATNEEC (best available technology not entailingexcessive cost) guidelines for waste management ingeneral. These documents require revision to cover wastefrom cradle to grave and to accommodate the Department’sdifferentiated protection policies. The following technicalguidelines are under consideration:

• Geohydrological investigations for potential sourcesof groundwater contamination

• Contaminated site assessment and restoration• Contaminant modelling and risk assessment• Community water source protection• Land-use practices.

The regulated communities must be encouraged to supportdevelopment of these guidelines. The Department mustprovide input into this process and ensure that itsrequirements are taken into account.

8: ENABLING THE GROUNDWATER QUALITY MANAGEMENT STRATEGY


Where suitable guidelines do not exist and where theregulated community does not take the initiative to producethe required guidelines timeously, the Department willgenerate them. Although the emphasis of the guidelineswill be on the protection of the water environment, otherenvironmental aspects will also be included whereappropriate.

8.4 Training and development

It is official Departmental policy (Personnel Circular 22 of1989) to take responsibility for training and developing itsstaff. Departmental training programmes aim to satisfygeneral training needs of the Department and are theresponsibility of the Sub-directorate Training.

Until recently, occupation specific training occurred mainlythrough an informal mentorship system. Occupation-specific training for staff involved in water qualitymanagement became a high priority when the Departmentchanged its approach to water quality management in 1989.The successful implementation of this approach requiredstaff involved in water quality management to understandthe Department’s water quality mission and goals, waterquality strategy and the role and functions of water qualitymanagement within this strategy. Therefore advisorycommittees for occupation specific training wereestablished within the Department in 1989.

The Department favours two overall methods of training:

• in-house; and• externally by an academic institution.

Courses presented by universities and technicons onlypartly satisfy the current training needs of the Department.Therefore the Department is proceeding with thedevelopment of its in-house training programme.

In-house training should recognise the need for more on-the-ground training. A problem-solving approach isrecommended, where trainees are encouraged to presentcase studies of actual problems being experienced in thefield. Solutions can be workshopped and sanctioned by theresponsible Director. This approach will assist inestablishing consistent decision-making principles. Once aconsistent framework is established, management will havegreater confidence in extending the mandate of fieldpersonnel.

8.5 Extension services

Departmental officials in regional offices have, in the past,concentrated on enforcement functions. These functionswill remain important but will be augmented by advisoryextension services. This will involve training of officials toassist communities to protect their groundwater. Theseservices may be combined with advisory services requiredfor groundwater resource development and sanitation atcommunity level.

8.6 Legal instruments

The National Water Act allows the Department to put therequired procedures to deal with licence applications inplace.

The following additional laws will play an important partin supporting implementation:• Water Services Act (Act 108 of 1997);• National Environmental Management Act (Act 107 of

1998);• Minerals Act (Act 50 of 1991)• Environmental Conservation Act (Act 73 of 1989).

9: DEFINITIONS


Section 9DEFINITIONS

Aquifer1

A geological formation which has structures or textures that hold water or permit appreciable water movement throughthem.

Catchment1

The basic geographic unit of water resource management. That is the area from which any rainfall will drain into awatercourse/s or part of a watercourse, through surface flow to a common point/s.

Functional strategyDefines which functions will be performed and sets out the strategy for carrying out the tasks needed to implement apolicy.

Impact consentsForm part of a water use licence and relate the extent of permissible groundwater impacts.

GroundwaterWater contained in an aquifer.

PolicySets out the guiding principles and course of action adopted or proposed by a government, business organisation orindividual in order to meet specific objectives.

Policy objectivesDefine the aims that a particular policy seeks to achieve.

Pollution1

The direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it:a) less fit for any beneficial purpose for which it may reasonably be expected to be used; orb) harmful or potentially harmful:

(aa) to the welfare, health or safety of human beings;(bb) to the resource quality;(cc) to property.

PrincipleA fundamental truth or law used as the basis of reasoning or action.

RemediationIncludes all actions required to restore the water resource. It includes management action and physical infrastructure andmay, in the case of groundwater, involve purification or removal of contaminated soils.

Reserve 1

The quantity and quality of water required:(a) to satisfy basic human needs by securing a basic water supply, as prescribed under the Water Services Act, 1997 (Act

No. 108 of 1997), for people who are now or who will, in the reasonably near future, be:(i) relying upon;(ii) taking water from; or(iii) being supplied from,the relevant water source; and

(b) to protect aquatic ecosystems in order to secure ecologically sustainable development and use of the relevant waterresource.

Protection1

In relation to a water resource, means:a) maintenance of the quality of the water resource to the extent that the water resource may be used in an ecologically

sustainable way;b) prevention of the degradation of the water resource; andc) the rehabilitation of the water resource.

9: DEFINITIONS


Source protectionSource protection and wellhead protection are used interchangeably in this document to refer to actions implemented in azone designated to protect abstraction wells or a recharge area.

StrategyDefines the organisational and functional approach, focus, resources and any other elements that will be used to carry out acourse of action or policy in business or government. A strategy can be formulated only after policy goals have beendetermined. Strategy must be based on an accurate evaluation of the resources available to achieve the goals and the likelyobstacles to be overcome.

WasteIncludes any solid material or material that is suspended, dissolved or transported in water (including sediment) and whichis spilled or deposited on land or in a water course in such a volume, composition or manner as to cause, or to bereasonably likely to cause, the water resource to be polluted.

Water resource1

Includes a watercourse, surface water, estuary or aquifer.

1Definitions taken from National Water Act (Act 36 of 1998).

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