The Waste Regulations, 2000

PART X: RECOVERY OF WASTE

Waste separation at approved Waste Disposal Facilities

25. (1) No person shall sort or separate any waste for the purpose of recovery at an approved waste disposal facility, except under and in accordance with -
(a) a waste management licence in respect of that waste disposal facility;
(b) a waste recovery licence issued under regulation 27(4); or
(c) a waste separation permit issued under this regulation.

(2) Any person wishing to obtain a waste separation permit shall apply in person to the Authority or to the local authority or any other body to whom the Authority has delegated authority to issue waste separation permits.

(3) 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.

Commercial Waste Recovery

26. (1) A person shall not undertake a business which involves the recovery of waste and which employs more than ten people, except under and in accordance with a waste recovery licence issued by the Authority.

(2) A person wishing to obtain a waste recovery licence shall submit a written application to the Authority that shall include -
(a) details of the applicant;
(b) a description of the site(s) at which the recovery operations will be conducted and whether or not they are within an existing waste disposal site;
(c) a description of the material(s) the applicant wishes to recover;
(d) the anticipated volume of the materials;
(e) a description of the proposed manner of recovery;
(f) the number of persons to be employed in the operation;
(g) a description of storage containers to be used, their location and frequency of collection; and
(h) a health and safety plan for all sorting workers to include safety clothing and training.

(3) If the waste recovery business is to be undertaken partially or wholly within an approved waste disposal facility, the application under sub-regulation (2) shall in addition, include:
(a) details of the precautions which will be taken to avoid disruption of the normal operation of the waste disposal facility; and
(b) confirmation that all sorting activities shall conform to the facility operating plan.

(4) The Authority shall consult with any local authority in whose area of jurisdiction the waste recovery business is to be undertaken and if any part of the business is to be undertaken within an approved waste disposal facility, with the operator of the waste disposal facility and, taking their views into account, the Authority shall by written notice to the applicant copied to the parties consulted, either -
(a) issue a waste recovery permit subject to such terms and conditions as the Authority considers appropriate; or
(b) refuse the application giving reasons for the refusal.

(5) If the Authority is satisfied that waste recovery activities within an approved waste disposal facility will increase the operating costs of the waste disposal facility the Authority may require the applicant to pay a fee to the operator of the waste disposal facility as a condition of the issue of the waste recovery licence.

(6) A waste recovery permit issued for sorting at an approved waste disposal facility shall be valid for a period of five years, unless revoked in accordance with regulation 33(4).

(7) 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.

Waste collection for Recovery Purposes

27. (1) No person shall place any specialised containers (other than a waste receptacle referred to in regulation 10) on any land, street or public place, for the purpose of sorting, storing or collecting recyclable materials such as paper, plastic, tins or glass bottles, or food waste for animal consumption, without a permit issued by the waste regulation authority for the area.

(2) An application for a permit under sub-regulation (1) shall include the following information -
(a) a description of the materials to be sorted, stored or collected;
(b) a description of the containers to be used for storing, storing or collecting those materials, and their specific location;
(c) the schedule for, and method of, collecting the materials; and
(d) the methods to be employed to control litter around the container(s);

(3) Upon receipt and evaluation of an application for maintaining, sorting, storing or collecting containers under this regulation, the local authority or the Authority may by written notice:
(a) accept and approve of the application as submitted;
(b) attach such conditions to the approval of the application as the local authority or the Authority considers necessary to avoid or mitigate any adverse effects; and/or
(c) reject the application and order the removal of any existing containers.

(4) 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.