REFERENCE: 14 /1/1/E1/10/7/2/0770/22
ENQUIRIES: Fundiswa Zingitwa-Lwana
Acting Municipal Manager
Cederberg Municipality
Private Bag X2
CLANWILLIAM
7320
Attention: Mr. Craig Sheldon
PRE-COMPLIANCE NOTICE
Dear Sir
INTENTION TO ISSUE A COMPLIANCE NOTICE IN TERMS OF SECTION 31L OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 IN RESPECT OF A CONTRAVENTION OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 2008
1. During an investigation into allegations of non-compliance with a Waste Management Licence (“WML”) (License No.: 19/2/5/4/F2/10/WL0055/19), a site inspection, was conducted at the Lamberts Bay Waste Disposal Facility (“the Facility) (Portion 24 of the Farm Lamberts Bay No 168) in Lamberts Bay, by Environmental Management Inspectors (EMIs) from the Department’s Directorate: Waste Management (“D:WM”) together with Mr Chris Koch (West Coast District Municipality), Mr Joos Engelbrecht (Tourism Lamberts Bay), Mr Sulandi van der Heever (ICC Lamberts Bay) and Susi Engelbrecht (Sandveld Bewaringskomitee), on 9 June 2022, and it was confirmed that the Cederberg Municipality (“the Municipality”) have not complied with certain conditions of the WML.
2. Furthermore, another major concern is the sporadic fires occurring on the Facility due to the smouldering of the waste body, which is causing toxic fumes thus causing significant pollution to the environment and may also have a detrimental impact on the health and well-being of the people residing within close proximity of the Facility. GPS CO-ORDINATES: 32º 05’26.89” S 18º 20’24.61” E
3. On considering the evidence before me, there are reasonable grounds to believe that the Municipality has not complied with the following conditions of its WML:
3.1 Non-compliance with certain conditions of the WML No: 19/2/5/4/F2/10/WL0055/19.
3.1.1. Condition 2.1: Suspected asbestos was evident at the Facility, which is classified as Hazardous waste, and can thus only be disposed of at a hazardous WDF.
3.1.2. Condition 2.4: The Municipality formulated an organic waste diversion plan; however, this has never been implemented at the Facility. Thus, organic waste is not being disposed as per the Organic Waste Diversion Plan.
3.1.3. Condition 3.2: The WMO must report all non-compliances to the Department, however, none of the non-compliances as per the Waste management license conditions were reported.
3.1.4. Condition 5.2: The fence surrounding the Facility is of adequate height, however, there are multiple breaches which must be repaired. This will assist with the prevention of unauthorised access to the Facility and prevent wind-blown waste spilling on to adjacent properties.
3.1.5. Condition 6.1: Waste at the Facility was not covered with the required 150mm of cover material. This must be implemented to prevent windblown litter on adjacent land and the river.
3.1.6. Condition 6.2: The license holder have not implemented any steps to ensure that the Facility is operated in a manner which will prevent nuisance conditions from occurring.
3.1.7. Condition 6.5: All waste outside of the boundary of the Facility must be removed and disposed of at the WDF.
3.1.8. Condition 6.11: The waste body was never progressively constructed towards a pre-determined end-shape which led to the northern boundary of the facility experiencing end-tipping. Measures must be implemented to alleviate the steep slope.
3.1.9. Condition 8.1: There were no works (trenches) constructed surrounding the Facility which will prevent runoff from adjacent land to come into contact with waste. These works must be constructed.
3.1.10. Condition 9.1.1 The License holder must establish a borehole network for unobstructed sampling to take place. Currently, no water monitoring is conducted at the Facility.
3.1.11. Condition 13.1: The license holder failed to establish a Residents Monitoring Committee. This must be established with urgency for transparency with residents and to address their concerns.
3.1.12. Condition 16.10: The Facility had constant breakdown of equipment and breach of license conditions. The Department must be made aware of any such occurrences in future.
3.1.13. Condition 20.8: The Facility submitted their Organic Waste Diversion Plan in 2020 as requested by the Department. This plan has never been implemented by the Municipality therefore failing to meet the 2018 and 2022 diversion targets. Implementation must take place urgently.
4. In terms of section 67(1)(h) of the NEM: WA it is an offence to fail to comply with or contravene a condition of a WML. A person convicted of such an offence is liable to a fine not exceeding R10 million or 10 years imprisonment or both such fine and such imprisonment.
5. The NEMA makes provision for the criminal prosecution of officials of an organ of state, such as national or provincial government departments, municipalities or public entities.
6. As such, you are hereby given notice of this Department’s intention to issue you with a Compliance Notice in terms of section 31L of the NEMA, which will instruct you to:
6.1. Immediately cease the burning of waste at the facility and comply with all the conditions of the WML No:19/2/5/4/F2/10/WL0055/19;
6.2. Take the necessary steps and measures to improve the condition of the facility;
6.3. Manage the waste in such a manner that it does not endanger the health of people or the environment or cause a nuisance through odour or visual impacts;
6.4. Prevent the waste from being used for any unauthorised purpose;
6.5. Submit a revised Action Plan to the Department as stipulated in the letter from the D:WM dated 05 June 2022 (attached hereto as an annexure) for approval, within 14 (fourteen) calendar days with adequate time frames, budget allocations, and names and designation of responsible official(s), which must including the following (in addition to the requirements of the letter dated, 05 June 2022):
6.5.1. Adequate measures to prevent unauthorised access to the facility and having the facility fully fenced and/or rectify the damages (breaches) in the fence, in order to prohibit access to unauthorised people during normal-, after working hours and weekends, to the Facility;
6.5.2. Adequate security services at the Facility to ensure the safety of the public and officials working at the Facility;
6.5.3. Adequate cover and compacting of the waste body on the Facility in order to prevent windblown litter on the adjacent properties and leachate pond;
6.5.4. A section at the Facility must be demarcated for the sorting of recycling material (not on the working face of the Facility);
6.5.5. Adequate measures to construct the waste body towards a pre-determined end-shape, as informed by an airspace determination study, to prevent steep slopes which may lead to instability to the waste body;
6.5.6. Adequate measures to ensure compliance with the organic waste diversion strategy that is to stop disposal of green waste at the facility, without any beneficiation;
6.5.7. Adequate mitigation measures to address and curtail the smouldering fires in the waste body, in order to prevent and minimise exposure of nearby residence to the toxic fumes;
6.5.8. An update on the hiring of plant to prevent the burning at the Facility;
6.5.9. Adequate measures to dig trenches around the waste body to prevent run-off rainwater from adjacent premises to entering the Facility;
6.5.10. A schedule for compacting and covering of waste at the Facility in order to prevent future windblown litter;
6.5.11. The appointment of an official to manage, operate and ensure compliance with the WML at the facility, as well as operational personnel (provide the names and designations of those officials); and
6.5.12. The timeous submission of the quarterly audit reports for the Facility;
6.6. To submit monthly progress reports to the Department in order to monitor the progress of the Action Plan and to conduct compliance inspections at the Facility.
6.7. If the above revised Action Plan is approved by the Department, you will be obliged to take the necessary remedial / mitigation measures at your own cost.
7. Furthermore, failure to comply with a Compliance Notice is an offence in terms of section 49A(1)(k). A person convicted of failing to comply with a Compliance Notice is liable to a maximum fine of R5 million or 5 years imprisonment or both such fine and such imprisonment.
8. You are afforded a period of 7 (seven) working days from the date of receipt of this Pre-Compliance Notice to make written representations to the Department as to why a Compliance Notice should not be issued.
9. If you inform the Department, in respect of paragraph 8 above that you intend to rectify the non-compliance, you must adhere to the requirements as outlined in paragraph 6 above, which includes the submission of the revised Action Plan to the Department for approval within 14 (fourteen) calendar days of receipt of this Pre-Compliance Notice.
Achmad Bassier
Director: Environmental Law Enforcement
Grade 1 Environmental Management Inspector
Date: 24/08/2022