The Waste Regulations, 2000

INDEX | PART I: PRELIMINARY | PART II: GENERAL PROVISIONS | PART III: ADMINISTRATION | PART IV: STORAGE, COLLECTION AND DISPOSAL OF WASTE IN URBAN AREAS | PART V: STORAGE, COLLECTION AND DISPOSAL OF WASTE IN WASTE CONTROL AREAS | PART VI: CARRIAGE OF WASTE | PART VII: WASTE DISPOSAL FACILITIES | PART VIII: WASTE MANAGEMENT LICENCES | PART IX: SPECIAL WASTE | PART X: RECOVERY OF WASTE | PART XI: LITTERING AND ABANDONED VEHICLES | PART XII: WASTE MANAGEMENT PLANS | PART XIII: ENFORCEMENT | PART XIV: FINAL PROVISIONS | SCHEDULE ONE | SCHEDULE TWO | SCHEDULE THREE | SCHEDULE FOUR

PART VII: WASTE DISPOSAL FACILITIES

Construction and Operation of a Waste Disposal Facility

16. (1) A person shall not construct or operate a waste disposal facility, other than a local waste disposal site or a local waste collection site, except under and in accordance with the terms and conditions of an environmental compliance certificate.

(2) An applicant for an environmental compliance certificate for a waste disposal facility, shall submit to the Authority the following information -
(a) a description of the site;
(b) the anticipated volume and categories of waste to be disposed of at the site annually;
(c) in the case of a landfill site, evidence that the site -
   (i) meets the minimum requirements set out in Schedule One;
   (ii) is not located in an area referred to in sub-regulation (3)(b); and
   (iii) is located and designed and is capable of being operated in such a way as to ensure that any leachate or gaseous emission, will not cause any adverse effect.

(3) The Authority shall not issue an environmental compliance certificate for a new landfill site or the upgrading of an existing site unless the Authority is satisfied that -
(a) subject to sub-regulation (4), the site meets the minimum requirements set out in Schedule One;
(b) the site is not located within -
   (i) a national park, game reserve or any other protected area or area having national historical or archaeological significance;
   (ii) an area which is flooded on average at least once every 25 years; or
   (iii) an area in which geological faults occur
(c) the site is located and designed and is capable of being operated in such a way as to ensure that any leachate or gaseous emission, will not cause any adverse effect.

(4) The Authority may grant exemptions from the minimum requirements in Schedule One in respect of a specific site where it is satisfied, based on the results of the environmental impact assessment and accompanying comprehensive mitigation plan, that there are good reasons for doing so and that the granting of the exemption will not result in any adverse effect.

(5) 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.