INTEGRATED WASTE MANAGEMENT PLAN EMNAMBITHI / LADYSMITH MUNICIPALITY - For

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INTEGRATED WASTE MANAGEMENT PLAN EMNAMBITHI / LADYSMITH MUNICIPALITY - For
INTEGRATED WASTE MANAGEMENT PLAN

                For

EMNAMBITHI / LADYSMITH MUNICIPALITY

                                             Compiled by:

                                     Greenwich Office Park,
                             4/6 St. Mary's Rd, Kloof, 3610
                             Kwa-Zulu Natal, South Africa
                                 Tel/Fax: +27-31-764 1555
                            Email: brendon@envitech.co.za

                                                June 2010
INTEGRATED WASTE MANAGEMENT PLAN EMNAMBITHI / LADYSMITH MUNICIPALITY - For
Contents:
1.     INTRODUCTION ................................................................................................................... 4
     1.1     Background and Appointment ........................................................................................ 4
     1.2     Scope of Work ................................................................................................................ 5
2.     UNDERSTANDING THE IWMP ............................................................................................. 5
     2.1     Background .................................................................................................................... 5
     2.2     IWMP Goals and Objectives ........................................................................................... 6
     2.3     Impacts of Waste on the Environment ............................................................................ 6
3.     POLICIES AND LEGISLATION ............................................................................................. 7
     3.1     Policy Principles/ Political Goals ..................................................................................... 7
     3.2     IWM Planning Responsibilities ....................................................................................... 8
     3.3     Overview of relevant Policies and Legislation ................................................................ 9
       3.3.1        South African Constitution ....................................................................................... 9

       3.3.2        National Environmental Management Act (No. 59 of 2008) .................................. 11

       3.3.3        Environment Conservation Act 73 of 1989 ............................................................ 12

       3.3.4        Municipal Demarcation Act 27 of 1998 .................................................................. 13

       3.3.5        Organised Local Government Act 52 of 1997 ....................................................... 13

       3.3.6        Municipal Structures Act 117 of 1998 .................................................................... 13

       3.3.7        Municipal Systems Act No. 32 of 2000 .................................................................. 14

       3.3.8        The Development Facilitation Act 67 of 1995 ........................................................ 14

       3.3.9        The Physical Planning Act 125 of 1991 ................................................................. 15

       3.3.10       National Environment Management: Air Quality Act 39 of 2004 ........................... 15

       3.3.11 National Water Act 36 of 1998 .................................................................................. 15

       3.3.12       Health Act 63 Of 1977 ........................................................................................... 16

       3.3.13       White Paper On Environmental Management Notice 749 of 1998 ........................ 16

       3.3.14 White Paper on Integrated Pollution And Waste Management For South Africa,
       Notice 227 of 2000 ............................................................................................................... 17

       3.3.15          DWAF Minimum Requirements for Landfill, 2nd Edition, 1998 .......................... 18

       3.3.16       National Waste Management Strategy and Action Plans ...................................... 19
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3.3.17      Polokwane Waste Summit Declaration ................................................................. 20

4.     MUNICIPAL DESCRIPTION & BACKGROUND .................................................................. 21
5.     CURRENT STATUS QUO ................................................................................................... 23
     5.1     Waste Streams ............................................................................................................. 23
     5.2     Landfilling Operations ................................................................................................... 25
     5.3     Municipal Services ........................................................................................................ 26
     5.4     Siyazenzela Domestic Waste Management Programme ............................................. 28
     5.5     Recycling ...................................................................................................................... 28
     5.6     Medical, Hazardous and Industrial Waste .................................................................... 29
     5.7     Municipal Structuring .................................................................................................... 29
6.     GAPS AND NEEDS ASSESSMENT.................................................................................... 31
7.     GOALS, OBJECTIVES AND POLICIES .............................................................................. 34
     7.1     NWMS Goals and Objectives ....................................................................................... 34
     7.2     NWMS: Notes on Local Municipal Obligations ............................................................. 37
     7.3     EL Municipal Goals, Objectives and Targets ................................................................ 42
8.     COMMUNICATION AND PUBLIC PARTICIPATION ........................................................... 49
     8.1     Public Awareness and Communication ........................................................................ 49
     8.2     Public Information ......................................................................................................... 50
     8.3     Public Participation ....................................................................................................... 50
9.     IMPLEMENTATION PROGRAM ......................................................................................... 51
     9.1     Implementation Parameters and Policies ..................................................................... 51
     9.2     Implementation Requirements ...................................................................................... 58
10. MONITORING AND REVIEW .............................................................................................. 60
     10.1    Introduction ................................................................................................................... 60
     10.2    Monitoring ..................................................................................................................... 60
     10.3    Evaluation and Review ................................................................................................. 64
11. RECOMMENDATIONS AND CONCLUSION ...................................................................... 64
APPENDIX A .............................................................................................................................. 66
     ORGANOGRAM 1:                  Department Economic Development ................................................... 67
     ORGANOGRAM 2:                  Department Engineering Services (Proposed) .................................... 68

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Acronyms

 ELM               Emnabithi/Ladysmith Municipality

 CBD               Central Business District

 DEAT              Department of Environmental Affairs and Tourism ** now replaced by:

 DEA               Department of Environmental Affairs

 DME               Department of Minerals and Energy

 DWAF              Department of Water Affairs and Forestry

 IDP               Integrated Development Plan

 IWM               Integrated Waste Management

 IWMP              Integrated Waste Management Plan

 IP&WM             White Paper on Integrated Pollution & Waste Management

 NEMA              National Environmental Management Act No. 59 of 2008

 NWMS              National Waste Management Strategy (1st Draft for Public Comment, May 2010)

 EIA               Environmental Impact Assessment

 LDO               Land Development Objectives

 LUPO              Land Use Planning Ordinance

 LFA               Logical Framework Analysis

 NEAF              National Environmental Advisory Framework

 NGO               Non-Governmental Organisation

 REL               Rear End Loader

 ha                Hectares

 CEC               Committee for Environmental Co-ordination

 CBO               Community Based Organisation

Emnambithi/Ladysmith Municipal IWMP                                                              3
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1.       INTRODUCTION

 1.1      Background and Appointment

 The Emnambithi/Ladysmith (ELM) Local Municipality is located in the Northern corner of the
 uThukela District Municipality in the KwaZulu-Natal Province. It is one of the five category B
 Local Municipalities in the uThukela District Municipality. Ladysmith is at a geographical
 advantage as it is located centrally between Gauteng and the coast, the Battlefields and the
 Drakensberg; which are characterized as tourist attraction areas. ELM has the largest
 population of 225 459 which represents 34.3% of the District Population and comprises 25
 wards representing a range of settlements; from urban to municipal service centres, agricultural
 landscapes, industrial, semi-rural and rural (traditional) residential settlements.

 Envitech Solutions (Pty) Ltd were appointed by the ELM to assist in the preparation of their
 Municipal Integrated Waste Management Plan (IWMP). The compilation of this IWMP was done
 in line with the Starter Document: ‘Guidelines for Compilation of Integrated Waste Management
 Plans’ (DEAT, May 2000), as well as the United Nations Environmental Programme:
 ‘Developing Integrated Solid Waste Management Plans’ (UNEP, 2009). The uThukela District
 Municipal IWMP (Emthonjeni Development Services, 2008) has been used as the foundation on
 which the Emnambithi Municipal IWMP has been developed, specifically incorporating the
 District’s Goals, Objectives and Policies as well as Implementation Strategies. The onus still lies
 with the EL Municipality to ensure that the document is followed through to the planning and
 implementation stages.

 The Integrated Waste Management Planning process consists of two phases, the first being an
 assessment of the status quo and a needs analysis, and the second consisting of future
 planning and the finalisation of a Master Plan. The Status Quo for Phase 1 consists of an
 assessment of the current status of waste collection systems and facilities, service delivery
 capacity and a needs analysis for each of these aspects. The Status Quo and Needs Analysis in
 conjunction with the projection for the area forms the platform for all planning activities and are
 included in the first sections of this document. The Goals, Objectives and Targets are then

Emnambithi/Ladysmith Municipal IWMP                                                                    4
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identified, and based on the options selected for implementation, an implementation programme
 is developed and cost estimates compiled to facilitate inclusion of the plan into the IDP.

 1.2      Scope of Work

 The IWMP has to address the following:
 •     Relevant Legislation.
 •     A Gaps and Needs Analysis.
 •     A Waste Generation Model.
 •     Economic Analysis of Options concerning Landfill Sites.
 •     Collection Needs.
 •     Waste Transportation and Waste Transfer Needs.
 •     Identifying Recycling and Re-use Initiatives.
 •     Formulate a programme for the implementation of a Waste Information System, Capacity
       Building and possible Job Creation where applicable.
 •     Development of Goals and Objectives.
 •     Develop an Implementation Programme and Implementation Budget.

 2.       UNDERSTANDING THE IWMP

 2.1      Background

 The intent of Integrated Waste Management as adopted by the international community is that
 of a waste hierarchy which starts with waste prevention and minimization, followed by
 recycling/re-use, treatment and finally, disposal as the last resort.

 All human activities give rise to residual materials which are not immediately used where they
 arise. These residuals may be recycled, reclaimed, or re-used; else they constitute waste which
 will ultimately be released into the environment. The biosphere has the capacity to transform
 many wastes over time, either into harmless products or nutrients which can be used again.
 However, the natural assimilation capacity of the environment can easily be exceeded if wastes,
 particularly from human activity, are not controlled. With the development of new chemical

Emnambithi/Ladysmith Municipal IWMP                                                                5
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components like plastics, the environment appears to have little or no assimilative capacity. In
 these circumstances, pollution and loss of environmental quality will result.

 Careful planning, management and control of wastes are thus required. Ideally, waste
 management should be viewed as a unity, with integrated control directed at all three waste
 receiving spheres; namely air, water and land. The relationship between these three spheres
 must always be considered – a reduction in air pollution by removing particle matter before
 discharge will produce either a solid or sludge waste for disposal, and the reduction of water
 pollution also normally produces a waste sludge. Some attempts to treat solid waste may only
 shift the waste load into the atmosphere i.e. through poorly controlled incineration, therefore
 exchanging one pollutant for another.

 2.2      IWMP Goals and Objectives

 The main goal of IWM planning is to optimize waste management by maximizing efficiency,
 and minimize associated health and environmental impacts and financial costs; thereby
 improving quality of life of all South Africans and the globe as a whole.

 The main objectives for this IWMP are to:
       • Improve waste management within the municipality.
       • Access the current waste management system and highlight positive, as well as
          deficiencies in respect of waste management within the ELM.
       • Institute a process of waste management aimed at pollution prevention and minimization
          at source.
       • Manage the impact of pollution and waste on the receiving environment.
       • Manage waste in a holistic and integrated manner.

 2.3      Impacts of Waste on the Environment

 ADVERSE IMPACTS

       • Waste can affect ecosystems and could change biomes if species are eradicated.
       • Streams situated close to a waste disposal site can be contaminated from leachate

Emnambithi/Ladysmith Municipal IWMP                                                                 6
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generated by the landfill.
       • Ground water can also be contaminated if leachate percolates through the ground
           and into aquifers.
       • Emissions releases pollutants into the air from landfills and illegal burning of waste,
           some of these pollutants are volatile organic carbons such as dioxins and furans
           which could be harmful to health, in addition to being harmfull greenhouse gases.
       • Sterilisation of land occurs when large volumes of waste are disposed of on the
           land.
       • Hazardous waste poses a health and safety risk to the individuals exposed to it.
       • Pathogens and viruses found in waste can pose a health risk.
       • The disposal of waste both formally and informally changes the natural topography
           of land.
       • Litter and illegal dumping is aesthetically unpleasant and releases odours and leads
           to urban decay.
       • Waste placed in low lying areas could block or impede the flow of water which
           could result in flooding.
       • The value of properties situated close to the waste disposal sites may decline
           sharply.

       POSITIVE IMPACTS

       •   Job creation initiatives such as recycling of waste can be advantageous.
       •   Waste can be used as a fuel resource to generate heat and electricity.

 3.        POLICIES AND LEGISLATION

 3.1       Policy Principles/ Political Goals

 The first step in developing and implementing an effective IWMP is to ensure that there is clarity
 as to the overriding policies/political goals. Therefore it is crucial to first consider goals like:

Emnambithi/Ladysmith Municipal IWMP                                                                     7
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•   Policies principles specified in NEMA, IP&WM and NWMS, i.e accountability, cradle-to-
           grave, equity, full cost accounting, good governance, integration, open information,
           participation and polluter pays;
       •   Job creation, focusing on previously disadvantaged communities;
       •   The waste management hierarchy and;
       •   Waste minimization aspects.
 Some of the above goals may be supportive of each other, while others may involve making
 trade-offs. Resolving such trade-offs involves making political decisions, which ideally should be
 taken in consultation with appropriate stakeholders, and guided where possible by earlier
 agreed principles.

 In terms of IWM planning for South Africa, the principle goals and priorities to guide the
 development and implementation of the plans are given by the requirements of the ‘White Paper
 on Environmental Management Policy’ for South Africa (DEAT, 1997) and the ‘National
 Environmental Management Act (NEMA)’ (No.59 of 2008), and more specifically within the
 ‘White Paper for Integrated Pollution & Waste Management’ for South Africa (DEAT, 2000). The
 newly published National Waste Management Strategy (DEA, 2010) is a statutory requirement
 of the recently promulgated National Environmental Management: Waste Act. The new strategy
 builds on the previous Waste Management Strategy published in 1999, as well as the extensive
 inputs from stakeholders made during the process of developing the Waste Act.

 3.2       IWM Planning Responsibilities

 The National Waste Management Strategy (NWMS) and the National Environmental
 Management Act (NEMA) allocates the following responsibilities for IWMPs:

       •   The National Department of Environmental Affairs (DEA) must draft and promulgate
           regulations and guideline documents for integrated waste management planning for all
           waste types.
       •   The Provincial Environmental Departments must develop hazardous waste management
           plans and prepare provincial environmental and waste management plans that
           incorporate the integrated waste management plans submitted by local government and
           industry. These will be submitted to the MEC for approval, which will facilitate inter-

Emnambithi/Ladysmith Municipal IWMP                                                                   8
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provincial co-ordination, particularly in relation to planning for facilities for treatment and
           disposal of waste.
       •   Local Government must develop and submit plans for integrated waste management to
           the MEC for approval. The approved IWMP must be included in the municipal Integrated
           Development Plan (IDP).
       •   Waste management plans for industrial waste that is disposed of at private and/or
           dedicated disposal facilities, must be prepared by the developers/owners and submitted
           to the respective provincial environmental departments.

 3.3       Overview of relevant Policies and Legislation

 From point 3.2 it can be seen that the NWMS obliges all municipalities to develop an IWM
 system. In order to achieve the policy objectives, the municipalities are required to develop and
 implement a local waste management plan which articulates strategies and initiatives for IWM.
 The IWMP has to translate policy objectives into practice and address the deficiencies and gaps
 in the municipal waste management systems.

 Shown below is a brief overview of some of the policies and legislation related to municipal
 IWM:

       3.3.1   South African Constitution
       The South African Constitution (Act 108 of 1996) is the supreme law of the land. All law,
       including environmental waste management planning must comply with the Constitution.

       The Constitution states that the people of South Africa have the right to an environment that
       is not detrimental to human health, and imposes a duty on the state to promulgate
       legislation and to implement policies to ensure that this right is upheld. All organs of state or
       administration in the national, provincial or local levels of government have similar
       obligations. The principles of co-governance are also set out in the Constitution and the
       roles and responsibilities of the three levels of government are defined.

       According to the Constitution, responsibility for waste management functions is to be
       devolved to the lowest possible level of government.
Emnambithi/Ladysmith Municipal IWMP                                                                          9
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Local government, therefore, is assigned the responsibility for refuse removal, landfill
      sites and solid waste treatment and disposal. Provincial government has the exclusive
      responsibility to ensure that local government carries out these functions effectively.

      In addition to the Constitution, a number of government policies and statutes are relevant to
      waste management at the local government level, including but not limited to the following:

      •   National Waste Management Strategy of 2010 (1st Draft currently under public review)
      •   National Environmental Management Act 59 of 2008
      •   Environment Conservation Act 73 of 1989
      •   Local Government Transition Act 209 of 1993
      •   Municipal Demarcation Act 27 of 1998
      •   Municipal Structures Act 117 of 1998
      •   Municipal Systems Act 32 of 2000
      •   The Development Facilitation Act 67 of 1995
      •   The Physical Planning Act 125 of 1991
      •   National Environment Management: Air Quality Act 39 of 2004
      •   National Water Act 36 of 1998
      •   Health Act 63 of 1977
      •   White Paper on Environmental Management Notice 749 of 1998
      •   White Paper on Integrated Pollution and Waste Management for South Africa, Notice
          227 of 2000
      •   Minimum Requirements for Waste Disposal by Landfill, 2nd Edition, 1998
      •   Minimum Requirements for the Handling and Disposal of Hazardous Waste, 2nd Edition,
      •   1998
      •   Minimum Requirements for Water Monitoring at Waste Management Facilities, 2nd
          Edition, 1998
      •   National Waste Management Strategy and Action Plans
      •   National Regulations, including:
               o   Government Notice R1182 GG18261, R1183 and R1184 of 05 September 1997
      •   Relevant Provincial Legislation, including:
               o   KwaZulu-Natal Planning & Development Act (Act 5 of 1998)

Emnambithi/Ladysmith Municipal IWMP                                                                 10
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•   Local government by-laws and legislation on waste management, including:
               o   Local Government Ordinance and Bylaws;
               o   Municipal Integrated Development Plan (IDP).

      Some of these policies are briefly discussed below:

      3.3.2    National Environmental Management Act (No. 59 of 2008)
       The aim of the new Act is to: ‘reform the law regulating waste management in order to
       protect health and the environment by providing reasonable measures for the prevention of
       pollution and ecological degradation and for securing ecologically sustainable development;
       to provide for institutional arrangements and planning matters; to provide for national norms
       and standards for regulating the management of waste by all spheres of government; to
       provide for specific waste management measures; to provide for the licensing and control of
       waste management activities; to provide for the remediation of contaminated land; to
       provide for the national waste information system; to provide for compliance and
       enforcement; and to provide for matters connected therewith’.

       It further states that:
       • everyone has the constitutional right to have an environment that is not harmful to his or
          her health and to have the environment protected for the benefit of present and future
          generations through reasonable legislative and other measures that:
                a. prevent pollution and ecological degradation;
                b. promote conservation: and
                c. secure ecologically sustainable development and use of natural resources while
                   promoting justifiable economic and social development;
       • Waste management practices in many areas of the Republic are not conducive to a
          healthy environment and the impact of improper waste management practices are often
          borne disproportionately by the poor;
       • Poor waste management practices can have an adverse impact both locally and
          globally;
       • Sustainable development requires that the generation of waste is avoided, or where it
          cannot be avoided, that it is reduced, re-used, recycled or recovered and only as a last
          resort treated and safely disposed of;
Emnambithi/Ladysmith Municipal IWMP                                                               11
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• The minimisation of pollution and the use of natural resources through vigorous control,
            cleaner technologies, cleaner production and consumption practices, and waste
            minimisation are key to ensuring that the environment is protected from the impact of
            waste;
        • Waste under certain circumstances is a resource and offers economic opportunities;
        • Waste and management practices relating to waste are matters that:
                 a. require national legislation to maintain essential national standards;
                 b. in order to be dealt with effectively, require uniform norms and standards that
                      apply throughout the Republic: and
                 c. in order to promote and give effect to the right to an environment that is not
                      harmful to health and well-being, have to apply uniformly throughout the
                      Republic: and
                 d. require strategies, norms and standards which seek to ensure best waste
                      practices within a system of co-operative governance.

       3.3.3     Environment Conservation Act 73 of 1989

       The object of the Environment Conservation Act is to provide for the effective protection and
       controlled utilisation of the environment. Any person who intends to establish or operate a
       waste disposal site must apply for a waste activity licence from the Minister of Environmental
       Affairs. The licence is made subject to a number of conditions, which inter alia pertain to the
       design, construction, monitoring and closure of a waste disposal site.

       In terms of the Section 19 of the Act, it is an offence to litter on any place to which the public
       has access and the person or authority in charge of the area must provide containers for the
       discarding of litter. In addition, every authority in control of any place must remove the litter
       within a reasonable time. Provision is made for the appointment of inspectors to investigate
       compliance with the Act. In terms of Section 24A of the Act, a competent authority may
       make regulations with regard to the control of the dumping of litter.

       Section 20 deals with waste management, including with the establishment and operation of
       waste disposal sites. A disposal site is any site used for the accumulation of waste for the
       purpose of disposal or treatment. Such sites may only be operated under a licence issued
     by the Minister of Environmental Affairs and may be subject to specified conditions. The
Emnambithi/Ladysmith Municipal IWMP                                                         12
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DWAF Minimum Requirements documents form the basis for the licencing process and may
      be included as licence conditions, thereby becoming legally binding on the licence holder.
      The licence holder is generally required to operate, maintain and attend to the closure of a
      waste disposal site in compliance with the licence conditions, as well as in accordance with
      the guidelines set out in the Minimum Requirements documents.

      3.3.4    Municipal Demarcation Act 27 of 1998

      The Municipal Demarcation Act 27 of 1998 provides criteria and procedures for the
      determination of municipal boundaries by an independent authority. In terms of the Act, the
      Municipal Demarcation Board is established to determine municipal boundaries.
      Section 24 provides that when demarcating a municipal boundary, the Board must aim to
      establish an area that would enable the municipality to fulfill its Constitutional obligations,
      including the provision of services in an equitable and sustainable manner, the promotion of
      social and economic development and the promotion of a safe and healthy environment.
      The tax base must also be as inclusive as possible of users of municipal services in the
      municipality.

      3.3.5    Organised Local Government Act 52 of 1997
      The Organised Local Government Act 52 of 1997 provides for the recognition of national
      and provincial organisations representing the different categories of municipalities and
      determines various procedures concerning local government, including procedures by which
      local government may consult with national and provincial government.

      3.3.6    Municipal Structures Act 117 of 1998
      The main objective of the Municipal Structures Act 117 of 1998 is to provide for the
      establishment of municipalities in accordance with the requirements relating to categories
      and types of municipality and to provide for an appropriate division of functions and powers
      between categories of municipality. It is one of a set of legislation that is aimed at the
      transformation of local government into a more financially sustainable and performance
      orientated sphere of government. The Act is aimed at creating the permanent structures
      mandated by the Constitution, which will replace the transitional structures created by the
      Local Government Transition Act. Municipalities are categorised either as A, B or C.

Emnambithi/Ladysmith Municipal IWMP                                                                13
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depending on the level of development. Chapter 5 sets out the functions and powers of the
      municipalities in accordance with the Constitution.

      3.3.7    Municipal Systems Act No. 32 of 2000
      The Municipal Systems Act describes the core principles, mechanisms, and processes that
      are necessary to enable municipalities to move progressively towards the social and
      economic upliftment of communities and ensure access to services that are affordable to all.
      Its focus is primarily on the internal systems and administration of the municipality.

      The Act enables the process of decentralisation of functions through assigning powers of
      general competence to local Government. Municipal by-laws are regulated to achieve
      harmony with national and provincial legislation. As service authorities, municipalities remain
      responsible for the effective delivery of services and must provide an appropriate policy and
      regulatory framework. This can be achieved through the most appropriate service provider,
      ranging from internal departmental delivery to corporatization and joint ventures to private
      sector delivery options. Performance management systems are to be developed to measure
      and evaluate performance in priority areas, which are to be reported annually to citizens and
      other spheres of government. The process to be followed in planning, drafting and adopting
      the Integrated Development Plan is set out.

      3.3.8    The Development Facilitation Act 67 of 1995

      The Development Facilitation Act 67 of 1995 sets out a planning and land development
      system, which ensures that national, provincial, and local government policies are
      implemented.

      Section 28 describes the requirements for Land Development Objectives, which must be
      developed by each local authority. One of the objectives of Land Development Objectives is
      to create a new system of planning that encourages sustained utilisation of the environment,
      particularly with regard to the environmental consequences of developments. Municipalities
      are encouraged to co-operate in order to develop the capacity of each municipality to
      exercise its powers and duties and manage its affairs.

Emnambithi/Ladysmith Municipal IWMP                                                                14
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3.3.9    The Physical Planning Act 125 of 1991
      The objective of the Physical Planning Act 125 of 1991 is to provide for the division of the
      country into regions and to promote regional development. Policy plans consist of broad
      guidelines for the future physical development of the area and restrictions are placed on the
      use of land in the area to which the plan relates. Local authorities are required to develop
      urban structure plans for their areas of jurisdiction.

      3.3.10 National Environment Management: Air Quality Act 39 of 2004
      The National Environmental Management: Air Quality Act 39 of 2004 is in the process of
      replacing the Atmospheric Pollution Prevention Act (APPA), with the aim to reform the law
      regulating air quality in order to protect the environment by providing reasonable measures
      for the prevention of pollution and ecological degradation and for securing ecologically
      sustainable development while promoting justifiable economic and social development; to
      provide for national norms and standards regulating air quality monitoring, management and
      control by all spheres of government; for specific air quality measures; and for matters
      incidental thereto.

      Part 2 of Chapter 2 of the Act sets out national, provincial and local ambient air quality and
      emission standards, chapter 3 institutional and planning matters, chapter 4 air quality
      management measures (priority areas, Listing of activities resulting in atmospheric
      emissions, controlled emitters, controlled fuels and other emitters). Chapter 5 describes the
      procedures to apply for licenses for listed activities, while chapter 7 describes the offences
      and penalties for non-adherence.

      3.3.11 National Water Act 36 of 1998

      The National Water Act contains a number of provisions that impact on waste management,
      including the disposal of waste in a manner which detrimentally impacts on a water
      resource, and the discharge of waste into a water resource. The Act allows the Minister to
      make regulations for:
       • Prescribing waste standards, which specify the quantity, quality and temperature of
          waste that may be discharged or deposited into or allowed to enter a water resource.

Emnambithi/Ladysmith Municipal IWMP                                                               15
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• Prescribe the outcome or effect, which must be achieved through management practices
          for the treatment of waste before it is discharged or deposited into or allowed to enter a
          water resource.
       • Requiring that waste discharged or deposited into or allowed to enter a water resource
          be monitored and analysed according to prescribed mechanisms.

       3.3.12      Health Act 63 Of 1977
       The Health Act 63 of 1977 provides measures for the promotion of health, for the rendering
       of health services and defines duties of certain authorities which render health services in
       the Republic.

       Section 20 sets out the duties and powers of local authorities. It provides that every local
       government is obliged to take measures to maintain its district in a clean and hygienic
       condition and to prevent the occurrence of any nuisance, unhygienic or offensive condition
       or any other condition, which could be of danger to the health of any person. A “nuisance”
       includes any accumulation of refuse or other matter that is offensive or is injurious or
       dangerous to health. The local government is obliged to abate the nuisance or remedy the
       condition and to prevent the pollution of any water intended for the use of the inhabitants of
       its municipal area.
       Draft regulations for the control of environmental conditions constituting a danger to health
       or a nuisance were published in GNR21 of 14 January 2000. In terms of the regulations,
       registration is required for: concerns that to carry out a scheduled trade, including waste
       incineration, waste (including medical waste) disposal sites and waste collecting, sorting,
       treating or processing sites.

       3.3.13      White Paper On Environmental Management Notice 749 of 1998
       The White Paper on Environmental Management was published in 1998. This policy sets
       out government’s objectives in relation to environmental management, how it intends to
       achieve its objectives, and to guide government agencies and organs of state in developing
       strategies to meet their objectives.

       The policy document is an overarching policy framework that refers to all government
       institutions and to all activities that impact on the environment. The policy states that
Emnambithi/Ladysmith Municipal IWMP                                                            16
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government will allocate functions to the institutions and spheres of government that can
       most effectively achieve the objectives of sustainable development and integrated
       environmental management. This would include the allocation of certain functions to the
       municipal sphere of government. Where appropriate, provincial and local government are to
       develop their own legislation and implementation strategies to address their specific needs
       and conditions within the framework of the policy.

       The National Waste Management Strategy 1st Draft (DEA, 2010), is currently under public
       review. This document will greatly assist all spheres of government, as well as the private
       sector with the implementation of the newly published Waste Act (no.59 of 2008).

       3.3.14      White Paper on Integrated Pollution And Waste Management For South
                   Africa, Notice 227 of 2000
       The White Paper on Integrated Pollution and Waste Management (IP&WM) was published
       in March 2000 and represents formal government policy regarding IP&WM. Integrated
       pollution and waste management is defined as a holistic and integrated system and process
       of management aimed at pollution prevention and minimisation at source, managing the
       impact of pollution and waste on the receiving environment and remediating damaged
       environments. Waste management is to be implemented in a holistic and integrated manner
       and extend over the entire waste cycle from cradle-to-grave and includes the generation,
       storage, collection, transportation, treatment and disposal of waste.

       The overarching goal reflected in the policy is integrated pollution and waste management,
       with the intention being to move away from fragmented and uncoordinated pollution control
       and waste management towards integrated pollution and waste management as well as
       waste minimisation. Within this framework of the overarching goal, the following strategic
       goals apply:
       • Effective institutional framework and legislation;
       • Pollution and waste minimisation, impact management and remediation;
       • Holistic and integrated planning – the intention is to develop mechanisms to ensure that
          integrated pollution and waste management considerations are integrated into the
          development of government policies, strategies and programmes as well as all spatial

Emnambithi/Ladysmith Municipal IWMP                                                             17
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and economic development planning processes and in all economic activity. The
          strategic mechanisms include the following:
          o     The incorporation of integrated environmental management principles and
                methodologies in spatial development planning as it relates to pollution and waste
                management;
          o     Making timeous and appropriate provision for adequate waste disposal facilities;
          o     Developing management instruments and mechanisms for the integration of
                pollution and waste management concerns in development planning and land
                allocation;
          o     Developing appropriate and agreed indicators to measure performance for inclusion
                in EIPs and EMPs as provided for in the National Environmental Management Act;
          o     Participation and partnerships in integrated pollution and waste management
                governance;
          o     Empowerment and education in integrated pollution and waste management;
          o     Information management; and
          o     International co-operation.

       3.3.15      DWAF Minimum Requirements for Landfill, 2nd Edition, 1998
       The Minimum Requirements provide applicable waste management standards and/or
       specifications that must be met, as well as providing a point of departure against which
       environmentally acceptable waste disposal practices can be assessed. The objectives of
       setting Minimum Requirements are to:
       • Prevent water pollution and to ensure sustained fitness for use of South Africa’s water
          resources.
       • Attain and maintain minimum waste management standards in order to protect human
          health and the environment from the possible harmful effects caused by the handling,
          treatment, storage and disposal of waste.
       • Effectively administer and provide a systematic and nationally uniform approach to the
          waste disposal process.
       • Endeavour to make South African waste management practices internationally
          acceptable.
       • Before a waste disposal site licence is issued, adherence to the Minimum Requirements
          conditions will be required from the licence applicant. The Minimum Requirements
Emnambithi/Ladysmith Municipal IWMP                                                      18
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promote the hierarchical approach to waste management, as well as a holistic approach
          to the environment.

       3.3.16 National Waste Management Strategy and Action Plans
       The overall objective of this strategy is to reduce the generation of waste and the
       environmental impact of all forms of waste and thereby ensure that the socio-economic
       development of South Africa, the health of the people and the quality of its environmental
       resources are no longer adversely affected by uncontrolled and uncoordinated waste
       management. The internationally accepted waste hierarchical approach of waste
       prevention/minimisation, recycle/reuse, treatment and finally disposal was adopted.

       The strategy outlines the functions and responsibilities of the three levels of government
       and where possible, firm plans and targets are specified. During the development of the
       strategy a number of priority strategic initiatives were identified which were categorised into
       short-term (by the year 2004), medium-term (by the year 2008) and long-term (by the year
       2012) initiatives. Action plans have been developed for the short-term initiatives for
       integrated waste management planning, a waste information system, waste minimisation
       and recycling, general waste collection, waste treatment and disposal, and capacity
       building, education, awareness and communication. A logical framework analysis approach
       was adopted to develop the Action Plans that analysed the problems, stakeholders, and the
       risks to successful implementation followed by the development of outputs, activities, inputs
       and assumptions, as well as a proposed allocation of functions, roles, and responsibilities of
       the three levels of government. The roles and responsibilities in terms of the NWMS for
       local government include:
       • Integrated waste management planning: Local government will be responsible for the
          compilation of general waste management plans for submission to provincial
          government.
       • Waste information system: Local government will be responsible for data collection.
       • Waste minimisation: Local government will implement and enforce appropriate national
          waste minimisation initiatives and promote the development of voluntary partnerships
          with industry.
       • Recycling: Local governments are to establish recycling centres and/or facilitate
          community initiatives.
Emnambithi/Ladysmith Municipal IWMP                                                                 19
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• Waste collection and transportation: Local governments are to improve service delivery.
          Private public partnerships to assist service delivery are encouraged.
       • Waste disposal: Local government is to take responsibility for the establishment and
          management of landfill sites, and to promote development of regionally based facilities.
          Formalising and controlling of scavenging is the responsibility of the licence holder.

       The newly formulated National Waste Management Strategy 1st Draft for Public Comment
       (DEA, 2010) will be the guiding document for all parties involved in any sphere of waste
       management. Applications for local municipalities are discussed in detail under Chapter 7
       below.

       3.3.17        Polokwane Waste Summit Declaration
       During September 2001 a national waste summit was held at Polokwane, in the Northern
       Province. It was attended by all stakeholder groupings in the waste field in order to jointly
       chart a way forward in terms of waste management. The resultant Polokwane Declaration
       includes a vision and goal for the management of all waste, i.e. domestic, commercial and
       industrial:
       Vision - To implement a waste management system, which contributes to sustainable
       development and a measurable improvement in the quality of life by harnessing the energy
       and commitment of all South Africans for the effective reduction of waste.
       Goals - To reduce waste generation and disposal by 50% and 25% respectively by 2012
       and develop a plan for zero waste by 2022.

       The Polokwane Declaration has significant implications for local government. In order to
       move towards the goal it will be necessary for government and other stakeholders to
       engage more closely toward the achievement of this goal in a realistic and practical
       manner. The key actions in the Polokwane Declaration that impact on local government
       include the following:
       • Implement the NWMS.
       • Develop and implement legislative and regulatory framework.
       • Waste reduction and recycling.
       • Develop waste information and monitoring systems.

Emnambithi/Ladysmith Municipal IWMP                                                                20
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4.       MUNICIPAL DESCRIPTION & BACKGROUND

 The Emnambithi/Ladysmith (ELM) Local Municipality is located on the Northern corner of the
 uThukela District Municipality in the KwaZulu-Natal Province and covers an area of 2 965
 square kms. It is one of the five category B Local Municipalities in the uThukela District
 Municipality. Ladysmith is at a geographical advantage as it is located centrally between
 Gauteng and the coast, the Battlefields and the Drakensberg; which are characterized as tourist
 attraction areas. ELM represents 34.3% of the District Population and comprises 25 wards
 representing a range of settlements; from urban to municipal service centres, agricultural
 landscapes, industrial, semi-rural and rural (traditional) residential settlements.
 Figure 1 below shows the locality map of the ELM.

 The total population for ELM in 2001 was 224 543, and in 2007 - 262 623; the increase in
 population numbers can be attributed to more births than deaths, and also the high level of in-
 migration, exceeding out-migration. The average annual growth rate (year on year) for ELM for
 the period 2001-2007 is 2.65%, however, based on trending, the population increase is steadily
 declining and was estimated at only 1.6% in 2008. According to the 2007 Census there was a
 total of 51 881 households located within the municipal area, of this 70% is considered low
 income, high density units located within informal settlement areas: Thembalihle, Ezakheni
 section E, Nkanyezi Township, Ntokozweni (Colenso), Ndomba, Mbulwana and Mthandi.

 New town and residential developments planned within the municipality area include:
      •   Aerodrome – an airport development including an Eco- and Residential Estate with a
          commercial centre;
      •   Stedone – Mixed-use development including commercial and residential areas;
      •   Swahina – Mixed-use development including commercial and sport facilities;
      •   Ezakheni Shopping Centre – Shopping Complex;
      •   And more.
 These new developments will all result in an increase in general, as well as commercial and to
 some degree industrial waste generation.

Emnambithi/Ladysmith Municipal IWMP                                                           21
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Figure 1: Locality Map of the Emnambithi/Ladysmith Municipal Area
Emnambithi/Ladysmith Municipal IWMP                                  22
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5.        CURRENT STATUS QUO
 5.1       Waste Streams

 Estimated current waste quantities and characteristics are summarized in Table 1 and Table 2
 below:

 Table 1: Estimated Current Waste Quantities for ELM (tons per annum)¹
      Waste
                    Domestic          Business   Industrial Medical Hazardous Mining         Total
   Quantities
   Generated          37 188           13 749     11 078      ²           ³          7      62 022
   Collected          37 188           13 749     11 078      ²           ³          7      62 022
                                                              4           4
      Stored              -              -          -                                 -        -
                          5              5          5
   Recycled                                                   -           -           -     10 800
      Treated             -              -          -        All          -           -        -
 Total Estimated Waste Disposed of at Landfill (tons per annum)                             56 840

      Notes:
       ¹   These quantities are estimates, based on waste volumes, as waste disposed of by
           landfill is not currently weighed. ELM is in the process of installing a weighbridge at the
           Acaciavalle Landfill, which should provide more accurate data.
       ²   A private contractor manages all medical waste for ELM, which is transported to
           Pinetown, Durban for incineration. Quantities are not public knowledge.
       ³   A private contractor handles all hazardous waste from the various industries, this is
           transported to the Shongweni H:h landfill site in Durban for disposal. Quantities are
           estimated at 40 – 60 t/month.
       4
           Data is not known.
       5
           Combined total of waste recycled within the ELM area is estimated at between 800 –
           1 000 tons per month. Recyclables are collected from source by private contractors.

       Therefore, an estimated 180 to 220 tons of waste is landfilled daily within the ELM area.

Emnambithi/Ladysmith Municipal IWMP                                                                  23
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Table 2: Waste Characteristics
                     Waste Type                         Estimated % of Waste Stream
                         Paper                                        60%
                         Metal                                         4%
                         Glass                                         6%
                        Plastic                                       20%
                       Organic                                        10%
 Although the general population growth in the area is steadily declining, the completion of new
 housing and commercial complexes, will result in upliftment within the lower economic sectors,
 this in turn will result in an increase in waste generation quantities within the current population.
 Therefore, future waste generation calculations should allow for these additionalities. The EL
 Municipality has also increased its area of jurisdiction in recent years, taking on additional
 settlements and collecting waste from previously un-serviced areas, which has resulted in
 additional streams of waste that require transportation, treatment or disposal.
 Based on the current trending it can be estimated that waste generated within the ELM will
 increase year on year by at least 20% for at least another two years, before stabilizing.

 Figure 2: Waste Generation trending & Future Estimate
Emnambithi/Ladysmith Municipal IWMP                                                                 24
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5.2      Landfilling Operations

 No waste treatment facility (e.g. incineration, gasification) is located within the EL municipal
 area, with all non-recycled waste currently being landfilled.

 To conform to DWAF Minimum Requirements, many small illegally operating landfill sites within
 the municipal area have been closed during recent years. Currently the ELM is only operating
 one municipal Landfill site, namely Acaciavalle (Figure 3 below); however, this site also does
 not conform to DWAF Minimum Requirements and it’s licencing requirements, and currently the
 ELM is completing the site selection phase for establishing a new licenced landfill site. Once a
 new site has been selected, licenced and become operational, the Acaciavalle landfill will be
 closed and rehabilitated in accordance with DWAF Minimum Requirements.

 Figure 3: Existing Municipal Landfill – Acaciavalle

Emnambithi/Ladysmith Municipal IWMP                                                            25
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Heavy equipment owned by the municipality and utilised at the Acaciavalle landfill includes one
 (1x) landfill compactor, one (1x) front-end loader and two (2x) Tip trucks. The municipality is
 currently completing the installation of a weighbridge at the landfill, which will greatly assist in
 quantifying general waste volumes, as well as the general control and management of waste.
 In addition to the one existing municipal run landfill within the ELM, there is also one privately
 owned and operating landfill, which receives mostly industrial waste from surrounding factories.
 Pieters Landfill is shown in Figure 4 below:

 Figure 4: Privately Owned Landfill – Pieters Landfill

 5.3      Municipal Services

 Waste Collection: 100% of urban areas (this includes residential suburbs, as well as all the
 formal townships surrounding the Ladysmith CBD) receive weekly curbside waste removal.
 However this is reduced to 20% of semi-urban areas (i.e. farming), and only 10% of
 rural/traditional areas receive any kind of waste collection service; here the waste is either

Emnambithi/Ladysmith Municipal IWMP                                                                26
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buried, or burnt. Currently the municipality owns 10 waste collection trucks, however only four of
 these are proper REL compaction trucks, the rest being open-air loading trucks. Municipal
 collection Fees for the financial year 2009/2010 are tabulated in Table 3 below.

 Some industrial and business sectors are making use of private contractors for waste removal,
 especially recyclables – as there is a financial incentive for this.

 Table 3: Municipal Refuse Removal Charges: 2009/2010 financial year
                Category                                   Service                        Cost
 From Private dwelling                   Per weekly 84l receptacle removal               R    34.66
 Business & Other                        Per weekly 84l receptacle removal               R 102.86
 Domestic & Business                     Per 5x weekly 84l receptacle removal            R 204.59
                                         Bulk refuse, per m³ (minimum 3m³)               R    57.02
 Removal of Carcasses                    Large: i.e. cattle, donkeys & horses            R 211.30
                                         Medium: i.e. sheep, pigs & goats                R    79.38
                                         dogs & cats (per removal) and from vet          R    98.38
                                         Any carcass removal after hours               Double tariff
 Removal - bulk container 1.75m³         Daily (excl. weekend)/container/month           R1 267.81
                                         3x weekly/container/month                       R 848.56
                                         2x weekly/container/month                       R 422.60
 Refuse from 30m3 container              Per removal (min 4/month)                       R 863.09
 Refuse from 10m3 container              Per removal (min 4/month)                       R 617.14
 Refuse removal charges                  For Vendors – per annum                         R    49.19

 Street cleaning (litter picking, sweeping, and cleaning of ablution facilities) is done from
 Mondays to Fridays within the CBD area. Illegal dumping of waste within the CBD does not
 seem to be a major concern, this could be due to there not being any gate fee/ charge for
 disposal at the Acaciavalle landfill site. This may, however, change once the weighbridge is
 operational and the public charged for waste disposal.

 Garden refuse and Builder’s rubble is taken to the Acaciavalle landfill. Garden refuse is not
 being utilized at this point, with all garden refuse being landfilled. The municipality is currently

Emnambithi/Ladysmith Municipal IWMP                                                                27
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reviewing a business plan for converting all garden refuse into compost. Builder’s rubble is
 utilized as cover material and/or ground reinforcement, especially during the rainy season.

 5.4      Siyazenzela Domestic Waste Management Programme

 The Siyazenzela Domestic Waste Management Programme was initiated in March 2009.
 Beneficiaries of the programme collect refuse in previously un-serviced rural/traditional areas.
 Twice monthly the collected waste is transferred to central collection points in medium density
 areas and from here kerbside collection services transport the waste to landfill. The programme
 ensures that litter is collected and illegal dumping sites controlled and cleared daily, as well as
 supporting rural community upliftment.

 In total, 197 beneficiaries are currently active in the programme, working a minimum of two days
 per week within their demarcated area and receiving remuneration in the form of food parcels.
 In addition, compulsory training is also provided covering subjects such as HIV/AIDS Education,
 Basic Literacy, Municipal Service Delivery and more. Supervisors ensure that schedules and
 obligations are met and a steering committee meets with the beneficiaries on a monthly basis.
 The programme is administered by the ELM Waste Management Officer.

 5.5      Recycling

 As far as can be ascertained, the ELM is not currently actively involved in any recycling
 initiatives, with two private companies seeming to dominate the entire district’s organized
 recycling.

 ‘Why Waste’ claim to handle any recyclable material including paper, plastics, cardboard, scrap
 metal, glass, textiles and un-vulcanised rubber, as well as the collection and transportation of
 the waste. These are either collected from source – mainly through separation bins placed at
 industrial and commercial locations, for which the recycler receives a financial incentive, or
 reduction in removal fees of non-recyclable waste. Recyclable material is also procured from
 informal recyclers that bring recyclables to the company’s warehouse, or collections from rural
 areas. Some of these recyclers find the recyclables mainly by scavenging on the Acaciavalle
 landfill site.
Emnambithi/Ladysmith Municipal IWMP                                                               28
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5.6      Medical, Hazardous and Industrial Waste

 The municipality is currently not involved in the collection, transportation, storage, treatment or
 disposal of any medical and hazardous waste generated within the municipal area.

 Medical waste is managed by a private contractor, Compass Waste Services cc who transports
 all medical waste to an incinerator located in Pinetown, Durban.

 Hazardous waste is handled by another private company, Why Waste, who transports the waste
 to the Hazardous waste disposal (H:h) site located in Shongweni, Durban. This company has no
 formal link with the municipality. Cognizance needs to be taken of the fact that some hazardous
 waste is stored on the contractor’s site within ELM until sufficient quantities are obtained to
 validate a trip to the Disposal site. This may pose a health and safety risk within the municipal
 area and require further investigation.

 Industrial waste, excluding recyclables already separated out, as far as can be determined, is
 either disposed of at the Acaciavalle General Landfill site, or at the privately owned Pieters
 Landfill. Again, cognizance needs to be taken that this privately owned site (Pieters) may not be
 licenced and operated in accordance with DWAF Minimum Requirements and may pose a
 health threat to surrounding communities, particularly in the form of leachate contaminating
 surrounding aquatic bodies i.e. ground and surface water.

 5.7      Municipal Structuring

 Municipal waste collection and transportation falls under the Department of Economic
 Development, whilst the management of landfill sites and landfilling operations is administered
 by the Department of Engineering Services, under the division Solid Waste and Flood
 Management.
 Future proposed Organograms for the two departments are provided in Appendix A.

 A basic breakdown of the 2009/2010 financial year expenditure, as well as full time personnel
 employed, for the two departments are tabulated in Table 4 below.

Emnambithi/Ladysmith Municipal IWMP                                                               29
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