The Waste Regulations, 2000

PART IX: SPECIAL WASTE

Storage and Collection of Special Waste

21. (1) The owner or occupier of every premises upon which special waste is produced shall ensure that all special waste is separated from other waste, and is stored in separate containers pending disposal, in accordance with Authority's requirements.

(2) Any person who contravenes sub-regulation (1) 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.

Classification of Special Waste

22. Where a person is unable to determine whether or not any particular waste is hazardous waste, clinical waste or other waste, that person shall refer the matter to the Authority whose decision shall be final.

Special Waste Management Licences

23. (1) A person shall not keep, treat or dispose of special waste except under and in accordance with a special waste management licence issued under this regulation.

(2) Every owner or occupier of any land or premises on which special waste is kept, treated or disposed of shall make a written application to the Authority for a special waste management licence accompanied by payment of the fee prescribed in Schedule Four, and if the waste is kept, treated or disposed of within an urban area, shall simultaneously submit a copy of the application to any local authority concerned.

(3) An application for a special waste management licence shall include details of -
(a) the chemical composition, nature and volume of the waste which is being, or will be, produced;
(b) the industrial process, trade or activity giving rise to the waste;
(c) the frequency of disposal of the waste;
(d) the number of persons employed on the premises;
(e) the way in which the applicant proposes to keep, treat or dispose of the special waste, including storage and handling procedures;
(f) a copy of the special waste carrier licence or an application for such a licence, relating to the transport or proposed transport of the special waste, regardless of whether or not the carrier and the applicant are the same person;
(g) the precautions which will be taken to avoid any adverse effects being caused by the special waste; and
(h) any other matter, including testing and laboratory analyses, which the Authority may reasonably require in order to determine the application.

(4) After receipt of the application, the Authority may require the applicant to provide further information to enable the Authority to evaluate the application properly.

(5) The Authority shall evaluate each application for a special waste management licence and any other relevant information submitted to it, and shall within twenty days of receipt of the application and all other information required by the Authority, either -
(a) grant a special waste management licence if the Authority is satisfied that the proposed method of keeping, treating and disposing of the special waste will not cause any adverse effects; or
(b) reject the application giving its reason in writing to the applicant and require the applicant to submit a revised application.

(6) The Authority shall issue a special waste management licence subject to whatever terms and conditions the Authority considers appropriate to ensure that the waste is stored, handled, treated and/or disposed of without causing any adverse effects.

(7) The terms and conditions referred to in paragraph (6) shall be specified in the licence, and may include conditions requiring the applicant -
(a) to treat the waste in order to render it non-hazardous or less hazardous in accordance with standards and procedures prescribed by the Authority, at the place where it is produced;
(b) to ensure that adequate records are kept and contractual arrangements concluded to enable the Authority to track any consignment of waste from the place where it is produced to the place where it is finally disposed of and to determine which party had custody of the waste at each point;
(c) to take any other measures in respect of the waste which the Authority considers appropriate to ensure that the waste does not cause any adverse effects.

(8) The Authority may, by written notice to the holder of a special waste management licence, amend the terms and conditions of the licence if the Authority considers that the amendments are necessary to avoid or mitigate any adverse effects.

(9) A special waste management licence shall remain in effect for a period of five years, provided that the holder of the licence shall notify the Authority of any significant change in the volume or nature of the waste during the licence period and upon such notification the Authority may alter the licence as necessary to ensure that the waste is kept, treated, and/or disposed of, without causing any adverse effects.

(10) Any person who contravenes sub-regulation (1) 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.

Clinical Waste Generators

24. (1) The owner or occupier of any land or premises on which clinical waste is produced shall ensure that all clinical waste produced on the premises is immediately placed in heavy duty plastic bags or other containers prescribed by the Authority which are colour coded in accordance with sub-regulation (2).

(2) All plastic bags and containers containing clinical waste shall be colour coded and labelled as follows -
(a) all clinical waste which has not been sterilised and rendered non-infectious shall be placed in heavy duty red plastic bags at the point of generation;
(b) all clinical waste which has been sterilised by autoclave, microwave, chemical or other non-burning method, shall be placed in heavy duty yellow plastic bags;
(c) all sharps, whether sterilised or not, shall be placed in rigid, sealed, plastic containers clearly marked "Clinical Waste - Sharps" in red lettering.

(3) All clinical waste shall be sterilised prior to final disposal in accordance with the requirements of the Authority, either on the premises where the waste was produced or at an authorised waste disposal facility.

(4) Every owner or occupier of premises on which clinical waste is produced shall provide periodic training on proper clinical waste handling procedures to all employees who may come in contact with clinical waste, in accordance with the requirements of the Authority.

(5) No person shall place clinical waste in any container that is not colour coded in accordance with sub-regulation (2).

(6) Any person who contravenes sub-regulations (1), (3), (4) or (5) 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.