The Waste Regulations, 2000

PART IV: STORAGE, COLLECTION AND DISPOSAL OF WASTE IN URBAN AREAS

Storage of Waste

9. (1) Every occupier of premises in an urban area shall provide suitable waste receptacles in accordance with sub-regulation (2), for the reception and storage of waste produced upon the premises, and shall ensure that such waste is deposited in these waste receptacles.

(2) If the occupier fails to provide suitable waste receptacles the local authority may provide the necessary receptacles and recover the cost from the occupier or owner of the premises.

(3) Every occupier of premises in an urban area shall:
(a) provide and use separate receptacles for the reception and storage of each of the following categories of waste which it produces:
   (i) household waste:
   (ii) industrial and commercial waste;
   (iii) waste which is to be recycled; and
   (iv) special waste;
(b) maintain all receptacles in good condition; and
(c) ensure that the receptacles are covered at all times (except when waste is being deposited in or removed from a receptacle) and are located so as not to cause a statutory nuisance or be unnecessarily offensive to the occupiers of adjacent plots.

(4) Every owner of a plot in an urban area containing four or more residential or commercial units shall provide an enclosure for the storage of individual waste receptacles or common waste receptacles for all occupiers of that plot producing the same type of waste.

(5) Any person who contravenes sub-regulations (1), (3) or (4) commits an offence and is liable on conviction to a fine not exceeding twenty five thousand Emalangeni and on a second or subsequent conviction, to a fine not exceeding fifty thousand Emalangeni and, in the case of a natural person, to imprisonment to a term not exceeding two years, or to both imprisonment and a fine.

Collection and Disposal of Household Waste

10. (1) Every local authority shall ensure that skips or common receptacles are placed along access routes to and from any premises within its area or jurisdiction that are inaccessible to waste collection vehicles, for the collection of household waste.

(2) Every occupier of premises located in areas which are inaccessible to waste collection vehicles shall ensure that all household waste produced on their premises is transported to, and disposed of in, the skips or common receptacles provided by the local authority in accordance with sub-regulation (1).

(3) Every local authority shall ensure that all household waste produced within its area of jurisdiction is collected from the waste receptacles provided in accordance with regulation 9 and the skips and common receptacles provided in accordance with this regulation, at least once per week and is disposed of at an approved waste disposal facility or treated in accordance with these Regulations.

(4) The owner or occupier of any premises situated in an urban area in which a mechanised waste collection service is operated by the local authority or an operator licensed by the local authority, shall, on the days and at the times stipulated by the local authority, place the waste receptacles containing the household waste generated on the premises in front of their premises in a place accessible to the waste collection vehicles and shall remove all empty receptacles within twelve hours of the collection of the waste.

(5) Any person who contravenes sub-regulations (1), (2), (3) or (4) commits an offence and is liable on conviction to a fine not exceeding twenty five thousand Emalangeni and on a second or subsequent conviction, to a fine not exceeding fifty thousand Emalangeni and, in the case of a natural person, to imprisonment to a term not exceeding two years, or to both imprisonment and a fine.

Collection of Commercial and Industrial Waste

11. (1) The owner or occupier of any premises upon which commercial or industrial waste is produced shall arrange for the waste to be collected and transported to an approved waste disposal facility and disposed of at that facility or treated in accordance with these Regulations.

(2) Any owner or occupier of premises upon which commercial or industrial waste is produced may make a written request to the local authority to arrange for the collection of all or any of such waste.

(3) Upon receipt of a written request under sub-regulation (2), the local authority shall notify the applicant in writing with ten days whether or not it is able to collect the waste in question and where it is able to do so, the local authority shall enter into a written agreement with the owner or occupier of the premises or the producer of the waste, under which the local authority undertakes, for a fee, to collect the waste and to transport it to an approved waste disposal facility for disposal in accordance with these Regulations.

(4) Unless otherwise provided under a written agreement referred to in sub-regulation (3), the local authority shall act as the agent of the producer of the waste in handling, transporting and disposing of the waste.