Gear up for regulated waste management

The Govt. Gazette No. 34417 dated 1 July 2011 carries draft waste classification and management regulations to give effect to the Waste Act, 59/2008. The latter was passed in March 2009 and promulgated in July 2009. It’s the standard 30-day window of invitation to submit written comments or objections. But just to get your attention, let’s start with punishment listed under paragraph 14 – ‘Offences and penalties’: • Imprisonment for a period not exceeding 15 years • An appropriate fine • Both a fine and imprisonment So who is going to be involved in all this regulation of rubbish? The ROSE Foundation leads the charge, ROSE being Recovery of Oil Saves the Environment. According to a presentation delivered to the SA Institute of Tribology by ROSE Foundation CEO, Raj Lochan, a ‘Waste Generator’ in terms of the Act is anyone who generates more than 20kg of waste per day. Judging by loaded skips with used oil filters and other harmful waste standing around truck workshops, it’s easy to reach a daily 20kg target.

The ROSE Foundation heads the used lube recovery charge and estimates South Africa generates approximately 120 million litres of used oil a year. Info on its website states that around 80 to 90 million litres are being recovered for recycling. At least 30 to 40 million litres – 25% to 33% - are however, unaccounted for! One litre of used oil can pollute one million litres of water, so the multiplying effect is horrendous. Oil contaminated waste comes under scrutiny in the new Act too – its an area in which we have all been too casual. Empty oil and grease containers are often heaped alongside used filters and oil rags. But now the Regulations will require us to start classifying and streaming waste.

Lochan points out: “A ‘Waste Generator’ must keep accurate and up to date records of the management of the waste they generate, and which must reflect classification of the wastes and the quantity of each waste generated, expressed in tons per month. In addition, the records must contain the quantities of each waste that has either been re-used, recycled, recovered, treated or disposed of and where, and by whom, each waste was re-used, recycled, recovered, treated or disposed of. Records must be retained for a period of at least 5 (five) years and made available to the Department upon request.” And how are we going to classify waste? The Regulations refer to SANS 10234 - Globally Harmonized System of classification and labelling of chemicals (GHS) – and safety data sheets where waste must be classified within 90 days of generation. There’s also a ‘Waste Manifest System’ where all waste generators, transporters and managers must retain copies of the waste manifest documentation for a period of at least 5 (five) years.

This legislation is not confined to waste generators – the solid waste transport segment is also drawn into the net of compliance. Lochan reports: “There are also timelines and limits. All wastes previously classified must be re-classified and assessed within two (2) years. Waste not classified to be disposed to landfill, must be re-classified and assessed within ninety (90) days” Someone in the organisation will have a new job description, or the task may require a separate portfolio and assigned responsibility. This will require assessment and training and sounds like an opportunity for a whole new consulting industry to give advice to confused truckers and everyone else entrenched in the culture of throwing waste on the ‘big heap’.


It all sounds onerous, but being green is not a ‘waste’ of time. Legislation is not the problem – it’s the lack of will to enforce the law that’s a problem and destroys our environment. The law sets you free, but only if one respects this - and judging from the way minibus taxis drive, get serviced and kill people, there’s little respect for the law. That’s why the ROSE Foundation is a success story – it’s self-regulatory and requires no enforcement. But if Raj Lochan and his team – NORA, The National Oil Recycling Association – want to collect the missing 40 million litres of used oil, then they will need the law and enforcement. Let’s have this piece of legislation and start the process. Acknowledgement and reference sources: SA Institute of Tribology - Used Oil Management in a Regulatory Environment – Rose Foundation Presentation 5 July 2011 ROSE Foundation: www.rosefoundation.org. za DEA Websites:www.sawic.org.za, www.sawis.org.za, www.wastepolicy.co.za

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